Allyn B. Elliott (Rhodes)
Shareholder
Overview

 “I work closely with my clients to understand their business and their needs and to help them achieve their most important goals.”

Whether it’s a change in the law or a stubborn patent examiner, Allyn Elliott is tenacious in the face of obstacles, never giving up until she finds a way to achieve client objectives. As a result, she develops strong working partnerships with her clients—many of whom she’s counseled for years.

Allyn works primarily with clients in the chemical, biotechnology and pharmaceutical industries. She has obtained numerous patents in a wide range of technologies, including medical diagnostics, chemical processing and manufacturing including hydrocarbon refining and processing, metallurgy, battery component technology, catalyst technology, pharmaceutical formulations, medical devices, and insecticides. In addition to patent prosecution, Allyn counsels clients on global patent protection strategies, conducts due diligence investigations of patent portfolios and provides opinions on patentability, freedom to operate, validity and non-infringement. She also has experience practicing before the Patent Trial and Appeal Board – both with the appeal process and with post-grant proceedings under the America Invents Act.

Given the long timeline for patent application prosecution and potential administrative or judicial review of issued patents, Allyn is well aware of the need to think forward when preparing and prosecuting patent applications. She maintains an ongoing dialogue and working relationship with patent examiners to work through current issues and anticipate upcoming changes—often gaining information that helps her clients shave months or years off the examination process. Using her background in chemical engineering, Allyn crafts compelling explanations of complex technologies for examiners and Administrative Patent Judges.

Education
  • J.D., magna cum laude
    Tulane University School of Law, 2003
  • B.S., Chemical Engineering, summa cum laude
    Mississippi State University, 1998
Bar Admissions
  • North Carolina
  • U.S. Patent & Trademark Office
Technical Background
  • Biopharma
Experience | Overview
  • Obtained multiple post-Myriad patents for diagnostic testing methods.
  • Manage a global patent portfolio for a medical diagnostic company involving patent filings in the United States, Europe, Canada, Australia, Japan and China.
  • Prepared multiple petitions, which successfully sought institution of Inter Partes reviews, for a client in the chemical manufacturing industry.
  • Drafted numerous non-infringement and invalidity opinions over a period of several years for a client in the hydrocarbon processing industry as a part of a freedom to operate evaluation related to the planning and building of a multi-billion dollar hydrocarbon processing plant.
  • Performed patent portfolio investigations as a part of due diligence for clients to aid in making investment decisions in the pharmaceutical and medical device industries,
Experience | Legal Experience

Tillman Wright PLLC, March 2006-March 2008

Kennedy Covington Lobdell & Hickman LLP
Attorney, September 2003-March 2006
Summer Associate, May 2002-August 2002

Experience | Non-Legal Experience
Shell Oil Company
Flow Assurance Engineer, January 1999-August 2000
Reservoir Engineer, June 1998-January 1999
Forward Thinking
blogpost
May 27, 2016
On May 9, 2016, the Patent Trial and Appeal Board (“the Board” or “PTAB”) provided additional guidance to patent owners and potential petitioners by designating 5 opinions as precedential, increasing the number of ...
multimedia
September 25, 2015

The Brinks Post-Grant Practice Group held the third in a series of ...

alert
August 13, 2015
The seeming unwillingness of the Patent Trial and Appeal Board (PTAB) to grant motions to amend patent claims in Inter Partes Review (IPR) proceedings has left many patent owners wondering whether the purported ability to amend claims is merely ...
Presentations
  • "File Early and Often: Filing Strategy in view of the America Invents Act,” The Laws of Science: Understanding Intellectual Property for the Life Sciences, Durham, NC, March 29, 2012
  • “2011 Intellectual Property Law Update,” Association of Corporate Counsel, RTP Chapter, Research Triangle Park, NC, December 7, 2011
Press Releases & Events
July 26, 2017

On Wednesday, July 26, 2017, at 12:00pm CT, Danielle Phillip, Allyn Elliott, and Peter Lee, attorneys with Brinks' Post-Grant Patent practice group, will present the webinar, "Keeping Up With the PTAB: How to...

July 24, 2017

CHICAGO—Danielle Anne Phillip, Allyn B. Elliott, and Peter Lee, attorneys in the post-grant patent practice group at intellectual property law firm Brinks Gilson & Lione, will present the webinar “Keeping Up With the PTAB: How to Win When the Rules Seem to Change” at noon CDT on July 26, 2017...

Affiliations
  • North Carolina Bar Association, Young Lawyers Division
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