Allen Sokal practices patent litigation, with a particular concentration in appellate practice in the United States Court of Appeals for the Federal Circuit. Although Allen’s district court litigation has focused on the pharmaceutical and chemical fields, throughout his career Allen has handled appellate cases in an array of technologies. He has briefed and argued numerous cases at the Federal Circuit and other regional circuits.
Allen received a degree in chemical engineering from the University of Pennsylvania and a JD from Georgetown University. After serving as a patent examiner for five years and clerking for Judge Jack Miller on the United States Court of Customs and Patent Appeals for two years, Allen entered private practice at Finnegan, Henderson, Farabow, Garrett & Dunner in 1976, where he remained for 39 years and was for many years leader of the firm’s appellate section.
He has been retained as a patent law expert witness in infringement suits and has lectured throughout the world on patent law, licensing, and legal ethics issues for bar organizations and clients, as well as on chemical patent practice for the Patent Resources Group and C5. Allen is also on the American Arbitration Association’s list of neutrals.
Represented Roger Cleveland Golf Company as amicus curiae before the United States
Supreme Court in case addressing standard for damages for copyright infringement. Samsung Electronics Co. v. Apple Inc. (S. Ct.).
Represented client in a multibillion-dollar patent litigation involving the fan stages of jet engines. Rolls-Royce Plc v. United Technologies Corporation (E.D. Va.). The court granted summary judgment in favor of client, finding noninfringement.
Represented InterDigital in Federal Circuit appeal of an ITC ruling of noninfringement by Nokia’s cellular telephones. In re Certain 3G Mobile Handsets and Components, 337-TA-613 (ITC). The Federal Circuit reversed the noninfringement ruling. lnterDigital Communications, LLC v. International Trade Commission, 690 F.3d 1318 (Fed. Cir. 2012), reh’g denied, 707 F.3d 1295 (Fed. Cir. 2013).
Represented patent owners in a case involving blood-thinner Lovenox®. Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc. (C.D. Cal. and Fed. Cir.).
Represented patent owners in a case concerning antidepressant Prozac®. Eli Lilly and Company L. v. Barr Laboratories, Inc. (S.D. Ind. and Fed. Cir.). The Federal Circuit upheld the client’s basic patent and held a later patent invalid for double patenting.
Represented pharmaceutical company Wyeth in suits filed against Abbreviated New Drug Applications (ANDA) applicants.
Represented Pharmaceutical Research and Manufacturers of America as amicus curiae before the United States Supreme Court in landmark case addressing the standard for the obviousness defense to patent infringement. KSR International Co. v. Teleflex & Technology Holding Co. (S. Ct.).
Represented client in Federal Circuit appeal of willful infringement ruling. Innovention Toys, LLC v. MGA Entertainment, Inc. The Federal Circuit reversed the willful infringement ruling, but the Supreme Court granted certiorari, vacated, and remanded based on the Court’s subsequent overruling of the Federal Circuit’s standard fpr proving willful infringement in Halo Electronics, Inc. v. Pulse Electronics, Inc.
Represented client in In re Alappat as amicus curiae and orally argued before the en banc Federal Circuit after taking position (lack of subject matter jurisdiction) that neither party was asserting.
Allen has extensive experience representing clients on a pro bono basis in immigration cases, especially applicants for asylum.
Allen is an avid tennis player, plays piano, sings with the Choral Arts Society of Washington, and is a scuba diver.
c/o San Diego
J.D., Georgetown University Law Center
B.S., Chemical Engineering, University of Pennsylvania, cum laude