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Patent Litigation

I have represented clients in hundreds of patent cases throughout the Eastern District of Texas. Some of my past clients have included LG, Intel, Google, and Alcatel-Lucent. I have obtained successful summary judgment rulings and trial results. I have also advised individuals and businesses on protecting intellectual property, such as patents, copyrights, and trademarks. I have worked with lawyers and law firms across the country in handling complex litigations when they are pending in the Eastern District of Texas with other actions also pending in other Districts.

Patent litigation is often one of the most expensive types of litigation, but I consider alternative fee engagements in certain cases. Each case is unique. Some cases involved dozens of patents and dozens of claims; some cases involve one patent and a few claims. “Claims” are what are found at the end of the patent. They are numbered and appear below language such as “I claim” or “We claim.” Those describe the “metes and bounds” of the invention; in many ways like a deed to property. In order to infringe a patent, the accused product, for instance, must fall within the scope of the language of the claims. Sometimes patents are alleged to be invalid. Patents can be invalid when they claim ideas that others previously invented – things that were already out in the public, for instance.

Typically the Court holds a hearing earlier in a case to determine what certain claim terms mean. This is often referred to as the “Claim Construction Hearing” or the “Markman Hearing.” The Eastern District of Texas is unique in that it is one of the fewer Districts in the country that have adopted local patent rules to try to streamline the patent case and the disclosures made by the parties.

I have served as both lead counsel and local counsel in the Eastern District of Texas, and I have served as local counsel in the Southern and Western Districts of Texas.

If you have a patent case, please call me at (903) 944-7537 or contact me via the website contact form, and I will help resolve these issues in the best way possible.

Client Reviews
"Allen is very knowledgeable and courteous and puts the clients best interest as top priority. He made us feel comfortable and confident in our planning." Benjamin
"Allen Gardner is an unbelievable attorney. He is very smart, and knows the law. But more importantly, he is a good person, salt of the earth. He has help me in lawsuits over property I manage. He's done my estate planning and my will. Allen has not only earned my respect as an attorney, but also as my close friend. I am just very fortunate that I have him for both. If you are looking for a great attorney in Texas, this is your man." Jason Gregory
"I can't say enough good things about Allen. Allen is not only knowledgeable about the law, but cares about his clients. He's been there on several occasions when I've had important questions about my profession. I've referred clients to Allen in the past and will continue in the future." Brad
"Our family was well served by Allen Gardner. We felt the legal consultation he provided was thorough and highly competent. Our family shares a real sense of security, clarity, and peace of mind. We deeply appreciated how Allen related to our family. He was professional, kind, and patient as he took generous time to answer our questions and clarify all the issues that concerned us. We would recommend Allen without reservation to anyone needing legal representation." Taylor
"Allen has been doing work for me for the last year and half. I cannot say enough about what a great attorney he is, but also an even better person. I have been able to get to know Allen on a more personal level over the past 18 months and appreciate his friendship. He is very knowledgeable and very understanding of his client's needs. I highly recommend his expertise to anyone that needs a fantastic attorney! Thanks Allen for all you do!" Michael