I am an intellectual property and federal court attorney who strategically counsels clients from around the world.

West Allen is an intellectual property litigator and counselor who represents a wide variety of international clients in U.S. Federal Courts. He has extensive experience successfully representing clients in patent, trademark, copyright, trade secret, business, and constitutional law matters. Mr. Allen’s strategic counseling for many U.S. and foreign clients focuses particularly on federal court litigation, dispute resolution, intellectual property prosecution, and intellectual property portfolio management and development. He has prosecuted and defended multiple intellectual property disputes arising from international trade shows, and regularly handles cases involving temporary restraining orders, preliminary injunctions, and questions of federal court jurisdiction. Mr. Allen represents clients in a wide variety of intellectual property proceedings, including arbitrations, mediations, and matters before the U.S. Patent and Trademark Office (USPTO) and Trademark Trial and Appeal Board (TTAB).

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Services

Intellectual Property

When ideas translate into products, processes, art, or authorship, we help clients protect their innovations and commercialize their work.

Credentials

Education

  • The John Marshall Law School, 1995
    • J.D
  • Brigham Young University, 1991
    • B.S.

Memberships

  • Federal Bar Association
    • National Board of Directors, 2010-2014; 2015-present
    • National Treasurer, 2018
  • Opportunity Village Foundation
    • Board Member, 2008-present
  • The Nevada American Inn of Court
  • Foundation of the Federal Bar Association
    • Life Fellow, 2007-2013
  • Alliance for Youth Services/Humanitarian Experience for Youth
    • Advisory Board Member, 2008-present
  • Federal Bar Association
    • National Government Relations Committee, 2007-present
    • National Audit Committee, 2012-2013
    • CVP National Chair, 2011-2013
    • Circuit Vice President, 2007-2013
    • Constitution and Bylaws Special Task Force, 2009-2011
    • National Nominations and Elections Committee, 2006-2007
    • Constitution and Rules Committee, 2005-2007
  • Legal Aid Center of Southern Nevada Children’s Attorney Project, Pro Bono Attorney
  • Russian Federation Judges Visiting Nevada U.S. District Courts, Delegate

Admissions

  • Nevada, 1995
  • U.S. Court of Appeals, Second Circuit, 2011
  • U.S. Court of Appeals, Seventh Circuit, 2011
  • Supreme Court of the United States, 1999
  • U.S. Court of Appeals, Federal Circuit, 1999
  • U.S. Court of Appeals, Ninth Circuit, 1998
  • U.S. District Court, District of Nevada, 1995

Professional Achievements

  • The Best Lawyers in America©, 2013-2020
    • Las Vegas, Trademark Law, "Lawyer of the Year," 2014
  • Nevada Business Magazine, "Legal Elite," 2016-2018
  • Mountain States Super Lawyers, 2014-2019
    • Intellectual Property
    • Top 100 Mountain States Lawyers, 2014; 2018-2019
  • Managing IP, "IP Star," 2014-2017
  • Martindale-Hubbell® AV Preeminent® Peer Review Rating
  • Federal Bar Association, National President's Award, 2016
  • University of Nevada Las Vegas
    • Internet and Intellectual Property Law, Lecturer and Adjunct Professor, 2002-2004

Experience

Representative Matters

  • Lead counsel in Halo Electronics, Inc. v. Pulse Electronics, Inc. after the seminal U.S. Supreme Court decision regarding patent infringement damages issued and the case was remanded back to Nevada. Successfully defended Pulse Electronics against the imposition of enhanced damages and attorney's fees as the court found that this was not an exceptional case warranting further recovery under 35 U.S.C. § 285. Edit
  • Intellectual property litigation counsel for one of the largest gaming corporations in the world against multiple non-practicing entities (NPEs) patent infringement actions and other copyright and trademark claims asserted before U.S. Federal Courts and the U.S. Trademark Trial and Appellate Board.

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  • Lead counsel in first successful invalidation of a U.S. patent in Nevada Federal Court based upon the seminal U.S. Supreme Court case Alice Corp. Pty. Ltd. v. CLS Bank Intern. concerning patent ineligibility. Successfully represented NRT Technology Corp and related international parties against Global Cash Access, now Everi Holdings, to have the Federal Court grant a motion to dismiss and find the asserted patent unenforceable.

    Edit
  • Lead Nevada litigation counsel for major international publicly traded software development and support services provider in the largest corporate copyright dispute action in Nevada State history. Edit
  • Lead counsel in prosecuting USPTO and U.S. Trademark Trial and Appellate Board proceedings that protect a global family of trademarks on behalf of a worldwide leader in the diving and safari excursion travel industry. Edit
  • Lead intellectual property litigation counsel for international NYSE® telecommunications and data center corporation in federal trademark litigation and strategic counseling to protect a worldwide brand name. Edit
  • Lead counsel in prosecuting USPTO and Trademark Trial and Appellate Board proceedings that protect a global family of trademarks on behalf of a worldwide leader in textile manufacturing and the luxury hotel linen industry. Edit
  • As lead prosecution counsel and defense counsel, successfully negotiated and resolved scores of U.S. Federal Court patent, trademark, copyright, and trade secret intellectual property disputes involving U.S. and foreign companies, including international clients from, among other places, China, Canada, Mexico, Austria, and Australia. Edit
  • Lead intellectual property litigation counsel for a start-up tech company in securing an emergency temporary restraining order and court seizure by U.S. Marshals of patent infringing products in widely publicized CES® Consumer Electronic Tradeshow dispute. The case resulted in the successful ban of the production and sale of the infringing products from a foreign company and changed how many Chinese companies resolve intellectual property cases at international trade shows today. Edit

Presentations

  • The William S. Boyd School of Law Intellectual Property Rights Enforcement at Trade Shows: International Perspectives and Best Practices, "Courts and Intellectual Property Rights Disputes at Trade Shows," October 4, 2018, Las Vegas, NV.
  • The Federal Bar Association Tri-state Judicial Seminar, "An Inside View of Washington D.C. Federal Judiciary Nominations and Confirmations," September 21, 2018, Park City, UT.
  • China Intellectual Property Road Show, "Strategies for Brand Protection in China: What Nevada Businesses Need to Know," May 9, 2018, Las Vegas, NV.
  • The Legal Aid Center of Southern Nevada Pro Bono Project, SBA Public Lecture Series, "Intellectual Property Basics," October 19, 2017, Las Vegas, NV.

Community

Community

Since 2008, W. West Allen has served on the board of directors for Opportunity Village, Las Vegas’ favorite charity.

Mr. Allen is a volunteer Children's Attorney Project lawyer for the Legal Aid Center of Southern Nevada and has served on the advisory board for Humanitarian Experience for Youth (HEFY), an international youth service project organization. He has served in numerous national, state, and local legal organizations that advance constitutional principles, preserve judicial independence, and sustain the rule of law.