Overview

Herb Hammond is an intellectual property (IP) attorney in Holland & Knight's Dallas office. Mr. Hammond focuses his practice on litigation, licensing and counseling in patent, trademark, copyright, trade secret, computer and entertainment matters.

Mr. Hammond also acts as an arbitrator, mediator and expert witness in IP and high-tech cases.

IAM Patent 1000 2016 praises Mr. Hammond 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, Mr. Hammond 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." He is one of only five attorneys in Texas named to The Best Lawyers in America 2019 for Trade Secrets Law.

Representative Experience 

  • 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 computer-aided software engineering (CASE) tools software
  • Defended a semiconductor manufacturer against claims of patent infringement in the U.S. International Trade Commission (USITC)
  • 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 nonprofit 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

Credentials

Education
  • New York University School of Law, J.D.
  • University of New Mexico, B.S., Physics and Mathematics, magna cum laude
Bar Admissions/Licenses
  • Texas
Court Admissions
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Eleventh Circuit
  • 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 Fourth Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Eastern District of Nebraska
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Eastern District of Wisconsin
  • 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. Tax Court
Memberships
  • Texas Intellectual Property Law Foundation, President, 2021
  • Southern Methodist University (SMU) Dedman School of Law's Tsai Center for Law, Science and Innovation, Advisory Panel, 2015-2021
  • American Arbitration Association (AAA), Panel of Arbitrators, 1992-2021
  • Perot Museum of Nature and Science, Advisory Board, 2012-2019
  • State Bar of Texas, Intellectual Property Section, Chair, 2017-2018
  • The Honorable Barbara G. Lynn American Inn of Court, President, 2013-2014
  • Dallas Bar Association, Intellectual Property Section, Chair, 1998
  • State Bar of Texas, Computer Section, Chair, 1994-1995
  • American Law Institute, Restatement of the Law of Copyright, Members Consultative Group
  • Dallas Bar Foundation, Fellow
  • American Intellectual Property Law Association (AIPLA)
  • Scribes – The American Society of Writers on Legal Subjects
  • Dallas Bar Association
Honors & Awards
  • The Best Lawyers in America guide, Litigation-Intellectual Property, Litigation-Patent, Trade Secrets Law, Trademark Law, 2003-2022
  • Chambers USA – America's Leading Business Lawyers guide, Intellectual Property Law, 2004-2021
  • Texas Super Lawyers, Intellectual Property Litigation, Intellectual Property, 2003-2021
  • The Best Lawyers in America guide, Dallas Trademark Law, Trade Secrets Law Lawyer of the Year, 2017-2019
  • The World’s Leading Patent Practitioners, IAM Patent 1000, 2015-2019
  • Texas Super Lawyers, Top 100 Dallas/Fort Worth Region, 2015-2016, 2018
  • IP Stars, 2018
  • Texas Super Lawyers, Top 100 Overall, 2015
  • The International Who's Who of Patent Lawyers, 2011-2012
  • Best Lawyers in Dallas, D Magazine, Intellectual Property Law, 2001, 2003, 2005, 2012

Publications

News