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Experience

Herb Hammond represents clients in intellectual property matters. He focuses his practice on litigation, licensing, and counseling in patent, trademark, copyright, trade secret, computer, and entertainment matters. Herb also acts as an arbitrator, mediator, and expert witness in intellectual property and high-tech cases.

Herb is the author of the Texas Intellectual Property Handbook (3d ed), a treatise published by Juris Publishing, Inc., covering trade secrets, trademarks, copyrights, unfair competition, false advertising, and covenants not to compete as the law is applied in Texas.

IAM Patent 1000 2016 praises Herb as a “thought leader” who “can justly claim to have written the book on Texas Intellectual Property.” According to clients quoted in Chambers USA 2018, Herb is “very impressive” and has “vast experience” litigating patent, trademark, and copyright matters; he is also described as “an equally adept arbitrator and expert witness in the IP field.” Herb is one of only five attorneys in Texas named to The Best Lawyers in America® 2019 for Trade Secrets Law.

One of only five attorneys in Texas named to The Best Lawyers in America® 2019 for Trade Secrets Law

Author of the Texas Intellectual Property Handbook (3d ed)

Named 2019 Dallas Trademark Law “Lawyer of the Year” in The Best Lawyers in America® by Woodward/White Inc.

Representative Matters

  • Represented the owner of a software-solutions and mobile-traffic management company in multiple suits against a mobile phone manufacturer involving power-management features in mobile phones
  • Represented a cement manufacturer in an appeal of a trade-secret case
  • Defended a major manufacturer of off-road vehicles for mine sites against claims of patent infringement and false advertising
  • Represent a national medical research institute in patent litigation relating to genomic testing products
  • Prosecuted a trade secret case involving industrial gases used in semiconductor manufacturing processes
  • Defended two major oil companies against claims for copyright infringement involving enterprise-resource and CASE Tools software
  • Defended a semiconductor manufacturer against claims of patent infringement in the U.S. International Trade Commission
  • Prosecuted a patent infringement action involving video-compression technology
  • Prosecuted a copyright infringement and trade secret action involving manufacturing process software on behalf of a software company
  • Defended a national non-profit organization against claims of copyright infringement, trademark and trade-dress infringement, and unfair competition
  • Defended a national mortgage company against copyright infringement/trade secret misappropriation and breach of contract claims relating to software for processing mortgages
  • Prosecuted a patent infringement action for and defended a major material handling company against claims of trade secret misappropriation
  • Defended a number of retailers in patent infringement actions involving websites
  • Defended a major computer equipment manufacturer in patent infringement cases
  • Defended a major computer equipment retailer in patent infringement litigation
  • Defended a major aircraft company in a breach of contract case involving an employee invention agreement
  • Represented a healthcare company in patent infringement litigation relating to insurance claims processing technologies
  • Represented numerous software companies in copyright infringement litigation
  • Defended a major pet food manufacturer in a trade dress infringement case
  • Defended a major medical products company and its parent in a breach of contract case involving an employee invention agreement
  • Prosecuted copyright infringement cases on behalf of a graphic arts company

Honors & Affiliations

Distinctions/Honors

  • Chambers USA by Chambers and Partners (Intellectual Property Law), 2004-2019
  • The Best Lawyers in America® by Woodward/White Inc. (Litigation-Intellectual Property, Litigation-Patent, Trade Secrets Law, Trademark Law), 2003-2020
  • Dallas Trademark Law, Trade Secrets Law Lawyer of the Year, The Best Lawyers in America® by Woodward/White Inc., 2017-2019
  • Top 100 Overall, Texas Super Lawyers® by Thomson Reuters, 2015
  • Top 100 Dallas/Fort Worth Region, Texas Super Lawyers® by Thomson Reuters, 2015-2016, 2018
  • Texas Super Lawyers® by Thomson Reuters (Intellectual Property Litigation, Intellectual Property), 2003-2018
  • IP Stars, 2018
  • The World’s Leading Patent Practitioners, IAM Patent 1000, 2015-2017
  • The International Who’s Who of Patent Lawyers, 2011-2012
  • Best Lawyers in Dallas (Intellectual Property Law), D Magazine, 2001, 2003, 2005, 2012

Memberships/Affiliations

  • Chair, State Bar of Texas Intellectual Property Section, 2017-2018
  • President, Hon. Barbara M.G. Lynn American Inn of Court, 2013-2014
  • Chair, Dallas Bar Association Intellectual Property Section, 1998
  • Chair, State Bar of Texas Computer Section, 1994-1995
  • Member, American Law Institute
  • Contributing Editor, Black’s Law Dictionary (10th edition 2014)
  • American Arbitration Association Panel of Arbitrators
  • Member, Advisory Board, Perot Museum of Nature and Science
  • Member, SMU Dedman Tsai Center for Law, Science, and Innovation Advisory Panel
  • Fellow, Dallas Bar Foundation
  • Member, American Intellectual Property Law Association
  • Member Scribes: The American Society of Writers on Legal Subjects
  • Member, Dallas Bar Association

Education & Admissions

Education

  • J.D., 1976, New York University School of Law
  • B.S., 1973, magna cum laude, University of New Mexico, Phi Beta Kappa

Admissions

  • Texas
  • United States Patent and Trademark Office
  • U.S. Ct. of App., Eleventh Circuit
  • U.S. Ct. of App., Federal Circuit
  • U.S. Ct. of App., Fifth Circuit
  • U.S. Ct. of App., Fourth Circuit
  • U.S. Ct. of Fed. Claims
  • U.S. Dist. Ct., C. Dist. Illinois
  • U.S. Dist. Ct., E. Dist. Nebraska
  • U.S. Dist. Ct., E. Dist. Texas
  • U.S. Dist. Ct., E. Dist. Wisconsin
  • U.S. Dist. Ct., N. Dist. Texas
  • U.S. Dist. Ct., S. Dist. Texas
  • U.S. Dist. Ct., W. Dist. Texas
  • U.S. Tax Ct.