Allen F. Gardner

102 N. College, Suite 800, Tyler, Texas 75702
P 903.934.8450 | F 903.934.9257
allen@gillamsmithlaw.com
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Although he was born in Tennessee and grew up in Houston, Allen Gardner made his way to the Piney Woods of East Texas as fast as he could. He was attracted as much by the area’s natural beauty as he was by the prevalence of “some of the best lawyers in Texas.” That promise has been borne out during his years in practice in Tyler, where he handles complex commercial litigation matters, for plaintiffs and defendants, in a variety of areas, including antitrust, products liability, patents and intellectual property.

Before he became a lawyer, Allen spent several years working in construction and in a variety of other jobs that didn’t require a tie: auto detailing, pizza-delivery, small-engine repair, electrical, drywall and general contracting. That work remains in his DNA, he says.

“I’m a blue collar guy in a white collar job,” Allen says. “Ultimately, that works to my client’s benefit because I can identify with members of the jury, and vice versa.”

EDUCATION

  • B.B.A., Texas A & M University, May 2000
  • J.D., Baylor University School of Law, cum laude, February 2004
    • 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


LEGAL LICENSES

  • 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
  • Admitted to State Bar of Texas, 2004


PROFESSIONAL AFFILIATIONS

  • American Bar Association (prior)
    • 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, Pre-Trial 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 (current)
  • Member, College of the State Bar of Texas, 2011-2013
  • Texas Young Lawyers Association (TYLA) (prior)
  • Smith County Bar Association (current)
    • Board of Directors, 2007-2009
    • Advancement Team, 2006-2007
    • Law Day Committee Co-Chair, 2006, 2007
  • Smith County Young Lawyers Association (prior)
    • Board of Directors 2006-2007
    • Smith County National Adoption Day Celebration Co-Chair, 2007; Chair, 2006


SPEECHES AND PUBLISHED WORKS

  • Moderator, MCLE program and panel discussion on October 22, 2015 at the Eastern District of Texas Bench Bar Conference in Plano, Texas entitled “E-Discovery. Insights from the Drafting Table & Other Views from the Bench. Come December, What Will the New E-Discovery Look Like?”
  • 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, (2009-2010; 2010-2011; 2012-2013; 2013-2014; 2014-2015; 2015-2016 – EDS.), 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)
  • 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. (http://www.abanet.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5370189)
  • Remember Your Audience and Stay Simple, Intellectual Property Litigation, Vol. 21, No. 1, Fall 2009.
  • 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


HONORS

  • Texas Super Lawyers, 2014-2015, Thomson Reuters
  • Texas Rising Stars, 2007-2013, Thomson Reuters

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