Education

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

Bar Admissions

  • Nevada, 1995

Clerkships

  • Honorable Robert J. Johnston, U.S. District Court, Nevada, 1995-1996

W. West Allen

Partner
3993 Howard Hughes Pkwy.
Suite 600
Las Vegas, Nevada 89169
Phone 702.949.8230
Fax 702.949.8364

About West Allen

 
Mr. Allen is a partner in the firm’s Intellectual Property Practice Group and currently serves on the firm’s governing Policy Committee. Mr. Allen’s practice focuses on intellectual property strategic counseling and related federal litigation. He has extensive experience resolving disputes concerning patents, trademarks, copyrights, trade dress, trade secrets, domain names, unfair competition, deceptive trade practices, and related corporate and Constitutional law issues. He represents clients in arbitrations, mediations and before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. Mr. Allen’s representative clients include publicly traded and multinational corporations in the media, financial, manufacturing, consumer electronic, transportation, telecommunications, entertainment, resort hotel and real estate industries.

Mr. Allen has extensive experience representing foreign and U.S. clients in international litigation disputes involving patents, trademarks or copyrights and related legal issues at international trade shows. He regularly prosecutes and defends actions in federal court involving temporary restraining orders, preliminary injunctions, and jurisdiction questions. Mr. Allen is a principal author of the U. S. District Court District of Nevada Local Rules of Practice for Patent Cases (LR 16.1-1). He is an effective advocate where his representation has produced outstanding results for his clients involving all areas of intellectual property law. Mr. Allen also provides general intellectual property law counseling; trademark and copyright prosecution, clearance and licensing; and general business dispute resolution and mediation services.

Representative Cases/Matters

  • Successfully representing numerous international clients from the United States, European Union, China and Canada in intellectual property matters. Representative clients include: Dolby Laboratories, Sony Computer Entertainment America, Inc., Nike, Inc., Atlas Copco GmbH, MGM Resorts International, Tropicana Entertainment Holdings, Boyd Gaming, Greenspun Media Group, Niche Media Holding, Las Vegas Sun, Kimco Realty Corp., Switch Communications, The Light Group, The Smith Center of the Performing Arts, The Fremont Street Experience, Elixir Gaming Technologies, ProCaps Laboratories, Dancer Fleet, Inc., pediped Infant Footware, Sobel Westex, The LandWell Co., Peccole-Nevada Corporation, Woodside Homes, Signature Homes and Zuffa, LLC.
  • Successfully defending and prosecuting federal court patent and trademark infringement actions, including TRO, permanent injunction and Markman hearings as well as overseeing appeals to the United States Court of Appeals for the Federal Circuit.
  • Successfully litigating a federal court jury trial and securing a final judgment against a U.S. importer and distributor of counterfeit Major League Baseball® jerseys.
  • Successfully resolving a wide range of copyright infringement disputes for and against national media companies and newspaper publishers.
  • Successfully resolving architectural copyright disputes involving nationally-recognized commercial home builders.
  • Clearing and securing trademark names and copyrights for world-class resort hotels, casinos and design companies.
  • Negotiating software and trade secret disputes on behalf of publicly traded financial and manufacturing corporations.
  • Successfully prosecuting and negotiating the final resolution of a United States Constitution Equal Protection and First Amendment Claim against Clark County, Nevada.
  • Coordinating intellectual property audits, assignments and licensing transactions for a wide range of clients.
  • Winning summary judgments and successfully resolving commercial disputes on behalf of a leading publicly traded real estate holding company.

Memberships and Affiliations

  • Civil Rules Subcommittee of the Standing Committee on the Local Rules of Practice for Nevada, Appointment by Chief Judge of the United States District Court District of Nevada (2005-present)
  • Merit Selection and Appointment Panel for Magistrate Judgeship, United States District Court District of Nevada (2010-2011)
  • Nevada State Bar Intellectual Property Section, Co-Founder and first elected Chair (2004)
  • Federal Bar Association National Board of Directors (2009-present)
  • Federal Bar Association, Elected Chair of the Vice Presidents for the Circuits (2009-2011)
  • Federal Bar Association, Vice President for the Ninth Circuit (2007-present)
  • Federal Bar Association National Committees, Government Relations Committee (2007-present), Constitution and Bylaws Special Task Force (2009-2011), National Nominations and Elections Committee (2005-2007), Constitution and Rules Committee (2005-2007)
  • Nevada Chapter of the Federal Bar Association, President (2000-2001)
  • National Council of the Federal Bar Association, Presidential Appointed Member (2001-2007)
  • 2006 Federal Bar Association National Convention and Annual Meeting, Co-Chair
  • The Nevada American Inn of Court, Member
  • Fellows of the Foundation of the Federal Bar Association (2009-Present)

Community Service

  • The Opportunity Village Foundation, Board Member (2008 – present)
  • Boy Scouts of America, Assistant District Commissioner, Las Vegas Area Council Bighorn District (2008-present)
  • Alliance for Youth Services (AYS)/Humanitarian Experience for Youth (HEFY), Advisory Board Member (2008 – present)
  • AYS Volunteer and Advisor for Dominican Republic (2008)
  • Legal Aid Center of Southern Nevada Children’s Attorney Project, Pro Bono Attorney
  • Appointed member to the U.S. District Court District of Nevada Committee for Congressional, Judicial and Attorney Relations
  • Nevada delegate for Russian judges visiting United States District Courts
  • Lecturer and adjunct professor of Internet and Intellectual Property Law, University of Nevada Las Vegas

Publications

Speaking Engagements

  • Presenter, “Intellectual Property Year in Review: Developments of 2010,” State Bar of Nevada Intellectual Property CLE, November 2010.
  • Presenter, “A Patent Primer: Patent Litigation 2007-2008 Case Law Update,” State Bar of Nevada Intellectual Property CLE, December 2007
  • Presenter, “Clearing Intellectual Property in Advertising and Marketing,” Nevada Business Press Seminar, March 2005
  • Presenter, “How Ignoring Patents Can Destroy Your Business,” In Business Seminar Series, June 2004
  • Presenter, “What Every Business Needs to Know About Copyrights,” In Business Seminar Series, April 2004

Court Admissions

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

Other Distinctions

Mr. Allen has an "AV/Preeminent Attorney" rating with Martindale-Hubbell. He was featured in the 2011 edition of Legal Elite in the "Top 100 Attorneys in Southern Nevada" category, as published by Nevada Business. Mr. Allen was included in the 2010 and 2011 editions of Mountain States Super Lawyers in the category of Intellectual Property. He was also listed in the 2010 edition of Super Lawyers Corporate Counsel in the category of Intellectual Property.