W. West Allen

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

Mr. Allen is a partner in the firm’s Intellectual Property and Litigation Practice Groups and has served ‎on the firm’s governing Policy Committee. Mr. Allen’s practice focuses on intellectual property ‎litigation and strategic counseling. He has extensive experience representing clients in U.S. federal ‎courts on a wide variety of patent, trademark, copyright, trade secret, domain name, business and ‎Constitutional law disputes. Mr. Allen has served for many years on the United States District Court ‎District of Nevada Local Rules Civil Subcommittee and is the principal author of the District of Nevada ‎Local Rules of Practice for Patent Cases (LR 16.1-1 et seq.). As a member of the National Board of ‎Directors for the Federal Bar Association, Mr. Allen regularly works with federal courts, judges and ‎lawyers across the country on various jurisprudential and intellectual property issues. He has ‎testified before the U.S. Senate Judiciary Subcommittee on Bankruptcy and the Courts regarding the effect of sequestration on federal courts.

Mr. Allen has been named through peer review an "AV/Preeminent Attorney" by Martindale-Hubbell. ‎He is listed in the 2013 and 2014 editions of The Best Lawyers in America®, by Woodward/White, Aiken, S.C. He ‎is featured in the 2010-2013 editions of Mountain States Super Lawyers and recognized in their 2013 ‎‎"Top 100" attorneys list. Mr. Allen is also listed in the 2010 edition of Super Lawyers Corporate Counsel. ‎He has been selected as a Legal Elite in the "Top 100 Attorneys in Southern Nevada" category, as ‎published by Nevada Business. Mr. Allen also founded the Nevada State Bar’s Intellectual Property ‎Section and was elected by his peers to be that Section’s first chair in 2004.

Mr. Allen represents many U.S. and foreign clients in federal court litigation, arbitration, mediation and ‎before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. Mr. ‎Allen has extensive experience representing international clients with patent, trademark or copyright ‎disputes arising from international trade shows. He regularly prosecutes and defends cases involving ‎temporary restraining orders, preliminary injunctions, and federal jurisdiction questions. Mr. Allen is ‎an effective advocate where his representation has produced outstanding results for his clients ‎involving all areas of federal law. Mr. Allen also provides intellectual property law counseling, including ‎trademark and copyright prosecution, clearance, licensing, as well as business dispute resolution and ‎mediation services.‎

Representative Cases/Matters

Mr. Allen has successfully represented numerous international clients from the United States, European Union, China and Canada. Representative clients include Sony Computer Entertainment America, Inc., Dolby Laboratories, Nike, Inc., Nintendo of America, Broadcom Corporation, Atlas Copco GmbH, MGM Resorts International, Tropicana Entertainment Holdings, Frontier Communications, Boyd Gaming, Greenspun Media Group, Niche Media Holding, Las Vegas Sun, Kimco Realty Corp., Switch Communications, The Smith Center of the Performing Arts, The Light Group, The Fremont Street Experience, Elixir Gaming Technologies, ProCaps Laboratories, Dancer Fleet, Inc., Pediped Infant Footwear, Sobel Westex, The LandWell Co., Peccole-Nevada Corporation, Woodside Homes, Signature Homes, TAL Studio, and Zuffa, LLC.

Additional representative work of Mr. Allen includes:
  • Successfully defending and prosecuting numerous 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 counterfeit Major League Baseball® jerseys case before a federal court jury and securing a nearly $750,000 judgment against the U.S. importer and distributor of illegal baseball jerseys.
  • Successfully resolving copyright infringement and domain name disputes for and against national media companies and newspaper publishers.
  • Successfully resolving architectural and design copyright disputes involving nationally-recognized interior designers, architects, and commercial home builders.
  • Clearing and securing trademark names and copyrights for world-class resort hotels, casinos, restaurants and hospitality industry 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 judgments and successfully resolving commercial litigation 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) and Vice President for the Ninth Circuit (2007-2013)
  • Federal Bar Association National Committees: Government Relations Committee (2007-present, Chair 2012), Constitution and Bylaws Special Task Force (2009-2011), National Nominations and Elections Committee (2005-2007), Constitution and Rules Committee (2005-2007), National Audit Committee (2012-2013)
  • 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
  • Life Fellow 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 and Membership Chair, Las Vegas Area Council Bighorn District (2008-2013)
  • Alliance for Youth Services (AYS)/Humanitarian Experience for Youth (HEFY), Advisory Board Member (2008–present)
  • AYS Volunteer and Advisor for Dominican Republic Humanitarian Project (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 Federation judges visiting United States District Courts
  • Lecturer and adjunct professor of Internet and Intellectual Property Law, University of Nevada Las Vegas

Publications

Speaking Engagements

  • “Intellectual Property Year in Review: Developments of 2010,” State Bar of Nevada Intellectual Property CLE, November 2010.
  • “A Patent Primer: Patent Litigation 2007-2008 Case Law Update,” State Bar of Nevada Intellectual Property CLE, December 2007
  • “Clearing Intellectual Property in Advertising and Marketing,” Nevada Business Press Seminar, March 2005
  • “How Ignoring Patents Can Destroy Your Business,” In Business Seminar Series, June 2004
  • “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 serves as Chair of the National Federal Bar Association's Government Relations Committee and regularly meets with members of Congress regarding federal court judiciary issues. He is listed in the 2013 and 2014 editions of The Best Lawyers in America®, by Woodward/White, Aiken, S.C.. He is also listed in the 2014 edition of Mountain States Super Lawyers and was named to their 2014 "Top 100" list. Mr. Allen has been named to the 2014 IP Handbook by Managing Intellectual Property as an IP Star and is regularly recognized for his commitment to pro bono service at the firm's annual John P. Frank Pro Bono Awards Luncheon.