Judge Whyte was nominated to the federal bench by President George Bush (the father) in 1992. Prior to then, he served as a Superior Court Judge in Santa Clara County from 1989-1992, was in private practice with the San Jose firm of Hoge Fenton Jones & Appel from 1971-1989, and he began his career in the Judge Advocate General Corps, USNR (1968-1971). Judge Whyte was named Judge of the Year (1992) by the Santa Clara Trial Lawyer's Association, and he served as an Advisor for the Judicial Enforcement of Intellectual Property Rights conferences in Luxor and Cairo, Egypt sponsored by the U.S. Dept. of Commerce and the Egyptian National Center for Judicial Studies (March 2000). He is involved as an officer and/or member of numerous public service organizations and committees and is a frequent speaker at conferences related to intellectual property rights.