Allen, Philip A. III

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Address: Brickell Bayview Centre, Suite 3100 80 S.W. 8th Street, Miami, FL 33130
Lawyer Firm: Garbett, Allen & Roza, P.A.
Phone: 305-579-0012
Fax: 305-579-4722

Areas of Practice Antitrust & Trade Regulation, Health & Health Care Law, Intellectual Property Law, Commercial Litigation & Appeals, Trade Secret & Patent Law

Phil was born in Miami, Florida. He attended Florida International University (B.A. Summa Cum Laude, 1974) and the University of Florida College of Law (J.D. Cum Laude, 1981). Phil authored "Collection of Judgments for the General Practitioner-Florida Practice in the Law of Fraudulent Conveyances" and "The Delimitation of the Maritime Boundary Between the United States and the Bahamas," 33 University of Florida Law Review 207, 1981 Phil practices in the areas of antitrust, trademark, unfair competition, intellectual property, health care, and commercial litigation. He has had several notable reported decisions, among them All Care Nursing Services, Inc. v. Bethesda Memorial Hospital, et. al, affirmed, 135 F.3d 740 (11th Cir. 1998) (affirming jury verdict for defense on claims under sections one and two of the Sherman Act); Telectron v. Overhead Door Corporation, 116 F.R.D. 107 (S.D. Fla. 1987) (awarding default sanction for defendant’s discovery misconduct in defending Sherman Act section one tying arrangement claim); Consolidated Gas Company of Florida v. City Gas Company of Florida, 880 F.2d 297 (11th Cir. 1989) (affirming bench trial judgment awarding damages and injunctive relief for violations of section two of the Sherman Act); and Chrysler Credit Corporation v. Rebhan, 842 F.2d 1257 (11th Cir. 1988) (affirming denial of discharge in bankruptcy on holding of first impression that willful and malicious conduct may be proved by evidence of constructive malice).

Phil also represented Zapata Industries, Inc. in patent litigation against W.R. Grace & Co.-Conn., in which Grace contended that Zapata had infringed two patents covering the addition of oxygen scavenging chemicals in plastic compositions used in food and beverage packaging to extend shelf life. The trial resulted in a jury verdict and judgment that the two W.R. Grace patents in suit were invalid for obviousness. The judgment was affirmed per curiam by the United States Court of Appeals for the Federal Circuit. Zapata Industries, Inc. v. W.R. Grace & Co., 49 Fed. Appx. 927, 2002 WL 31474231 (Fed.Cir. 2002).

He is a member of the Florida Bar Association, as well as the Dade County Bar, American Bar and the ABA Antitrust and Intellectual Property sections. Phil is admitted to practice in the United States Supreme Court, the Supreme Court of Florida, the United States Court of Appeals for the Eleventh Circuit and the Federal Circuit, and the United States District Courts for the Southern, Northern and Middle Districts of Florida.

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