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Home  |  Professional List
 Allen F. Gardner


PRACTICE DESCRIPTION

Mr. Gardner's practice focuses primarily upon complex commercial litigation, working for both Plaintiffs and Defendants. He has represented clients in a wide variety of litigation matters, including:

  • Patent and Intellectual Property
  • Commercial
  • Antitrust
  • Products Liability
  • Appellate

PROFESSIONAL AND EDUCATIONAL BACKGROUND

Member, College of the State Bar of Texas, 2011-2013

Named a Texas Rising Star as published in Texas Super Lawyers, Rising Stars Edition/Texas Monthly Magazine, 2007-2013

J.D., Baylor University School of Law, cum laude, February 2004

B.B.A., Texas A & M University, May 2000

     Baylor Law School Achievements:
     -  Baylor Law Review
     -  Baylor National Mock Trial Teams (A.T.L.A. and Tournament of Champions teams)
     -  Student Assistant to Professor William R. Trail
     -  President - Harvey M. Richey Moot Court Society
     -  Barrister Officer - Harvey M. Richey Moot Court Society
     -  Dean's Lists
     -  Recipient of the American Board of Trial Advocates Award
     -  Recipient of the Honorable Joe Briscoe Award
     -  Recipient of the James R. Dickson, Jr. Award
     -  Texas Aggie Bar Association Scholarship Recipient
     -  Leon Jaworski Scholarship for Moot Court Officers Recipient
     -  Order of the Barristers

LICENSED & ADMITTED TO PRACTICE

  • U. S. Supreme Court
  • U. S. Court of Appeals for the Federal Circuit
  • U. S. Court of Appeals for the Fifth Circuit
  • U. S. Court of Appeals for the Ninth Circuit
  • U. S. District Court for the Eastern District of Texas
  • U. S. District Court for the Northern District of Texas
  • U. S. District Court for the Southern District of Texas
  • U. S. District Court for the Western District of Texas
  • U. S. District Court for the Eastern District of Oklahoma
  • State Courts in the State of Texas

SPEAKING AND WRITING

  • Speaker, MCLE program and panel discussion on October 21, 2010 at the Eastern District of Texas Bench Bar Conference in Plano, Texas entitled "Twombly and Rule 11 Due Diligence – East Texas Style." The panel addressed the Twombly decision and its progeny as it has been applied in the Eastern District of Texas.
  • Texas Elements of an Action, (2010-11 ed.), Vol. 16. of the Texas Practice Series, published by West, a Thomson Reuters business (last updated 10/12/2010). For additional information, and to order a copy, please visit the Thomson West website.
    (http://west.thomson.com/productdetail/153643/40785598/productdetail.aspx
  • Moderator, CLE program and roundtable discussion on August 6, 2010 at the 2010 ABA Annual Meeting in San Francisco, CA entitled "The Outcome of CIPRO and Its Effect on Reverse Payments." The roundtable analyzed reverse payment pharmaceutical settlements and the impact of U.S. antitrust laws, including the In re Ciprofloxacin Hydrochoride decision by the U.S. Court of Appeals for the Federal Circuit, the decisions of the other Federal Circuits, the Department of Justice, the Federal Trade Commission, and pending legislation.
  • Co-Editor, "Patent Obviousness in the Wake of KSR International v. Teleflex Inc.," published by The American Bar Association.  The book presents a review of how the U.S. Supreme Court's 2007 KSR International Co. v. Teleflex Inc. has been analyzed, applied, and considered by the International Trade Commission and the U.S. Patent and Trademark Office, the district courts of the various circuits, and the U.S. Court of Appeals for the Federal Circuit. For additional information, and to order a copy, please visit the American Bar Association web store.
  • Remember Your Audience and Stay Simple, Intellectual Property Litigation, Vol. 21, No. 1, Fall 2009.
  • Texas Elements of an Action, (2009-10 ed.), Vol. 16. of the Texas Practice Series, published by West, a Thomson Reuters business. For additional information, and to order a copy, please visit the Thomson West website.
    (http://west.thomson.com/productdetail/153643/40785598/productdetail.aspx
  • Annual Review of Intellectual Property Law Developments, 2006-2008, ABA Section of Intellectual Property Law.  (Contributions: Proposed Continuation Rules Voided as Exceeding USPTO Rule Making Authority, 9; Teaching-Suggestion-Motivation Test Found Too Formalistic, 97; Application of Modern Electronics to Prior Art Mechanical Devices Is Obvious, 100; Joint Infringement: A Misnomer, 139; “Objective Recklessness” Standard Adopted for Willful Infringement, 140; Traditional Four-Factor Test for Injunctive Relief Applies to Patent Disputes, 190; Actual Controversy Requirement Met without Patent Licensee Terminating License Agreement, 219.) 
  • Pitfalls in Disclosing Prefiling Investigations and Ways to Lessen Them, Intellectual Property Litigation, Vol. 20, No. 1, Fall 2008.
  • MedImmune: How to Immunize Against It, Intellectual Property Litigation, Vol. 19, No. 2, Winter 2008.
  • The Practical Side of eBay, Intellectual Property Litigation, Vol. 18, No. 4, Summer 2007.
  • Microsoft v. AT&T: Does U.S. Patent Law Apply to Exported Software?
    American Bar Association, The ABA Center for Continuing Legal Education Teleconference,
    May 24, 2007
  • IP Litigation: Economic and Strategic Effects of Local Rules and Forum Selection
    SpringPosium - Intellectual Property CLE Symposium
    Atlanta, Georgia, April 12, 2007
  • Of-Counsel, Brief of the American Bar Association as Amicus Curiae Supporting Respondents, KSR International Co. v. Teleflex, Inc., et al.
  • Fall Small Business Development Lectureship Series, Fall Legal Class
    Tyler Junior College, 2004-2010
  • Ethical Issues Update, Tyler Area Association of Legal Professionals, July 10, 2008

PROFESSIONAL AFFILIATIONS AND ACTIVITIES

  • American Bar Association
    -  Vice-Chair of the Trial and Appellate Rules and Procedure Committee (Committee 601) of the Intellectual Property Section of the American Bar Association, 2009-2010, 2008-2009
    -  Co-Chair of the Written Discovery Subcommittee, PreTrial Practice and Discovery Committee of the Litigation Section of the American Bar Association, 2009-2010
    -  Co-Chair of the Patent Litigation Committee (Committee 112) of the Intellectual Property Section of the American Bar Association, 2007-2008, 2006-2007
    -  Vice-Chair of the Internet and Intellectual Property Law Committee of the Young Lawyers Division of the American Bar Association, 2006-2007
  • State Bar of Texas
  • Smith County Bar Association
    -  Board of Directors, 2007-2009
    -  Advancement Team, 2006-2007
    -  Law Day Committee Co-Chair, 2006, 2007
  • Smith County Young Lawyers Association
    -  Board of Directors 2006-2007
    - Smith County National Adoption Day Celebration Co-Chair, 2007; Chair, 2006
  • Texas Young Lawyers Association (TYLA)

PAST EMPLOYMENT HISTORY

  • Project Engineer for a general contractor in the Houston, Texas area, primarily working for clients in and around the Houston Medical Center
  • Employed by an acoustical ceiling/drywall subcontractor in the Houston, Texas area
  • Small Engine Repair employment for a large retailer in the College Station, Texas area
  • Employed by a residential electrical subcontractor in the Houston, Texas area
  • Employed by two restaurants in the Houston, Texas area

PERSONAL

Mr. Gardner was born in Clarksville, Tennessee, and grew up in Houston, Texas. In his spare time, he enjoys fly-tying, fly-fishing, and reading.


 

Allen F. Gardner
Shareholder
Admitted: 2004
email

110 N. College
Tyler, Texas 75702
Legal Assistant
Nicole Winningham
Direct Line: 903-597-8311
Fax: 903-593-0846
Practice Areas
Intellectual Property
Litigation
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