Alan Herda focuses his practice on intellectual property law, including patent, trademark and copyright law.
Before joining the firm, Alan worked as a mechanical development engineer at Motorola, designing and analyzing mechanical, electro-mechanical, structural and thermal-management systems for cellular base transceiver stations. In addition to his law degree, Alan holds a B.S.M.E. degree in mechanical engineering.
Alan's intellectual property law experience includes:
- Preparing and prosecuting U.S. utility, U.S. design, foreign and PCT patent applications covering a wide variety of technologies, including energy exploration and production equipment, gas processing equipment, medical devices, pipeline-related equipment, computer hardware and software, industrial and consumer lighting products, hydraulic systems and thermal-management systems.
- Conducting product review, patentability, freedom of operation, validity and infringement investigations, and preparing related opinion letters.
- Preparing and prosecuting U.S. copyright applications covering a wide variety of works, including books, software, catalogs, videos, curriculum, sculptures and lamps.
- Preparing and prosecuting U.S. trademark applications, and conducting trademark clearance searches.
Recent Publications and Speeches
- "Design Patent Judicial Decisions: A Year in Review," United States Patent and Trademark Office Design Day 2012, April 10, 2012.
- "Annual Review of Litigation, Chapter 3: Appellate Practice," contributor, with Kendyl Hanks and Mark Trachtenberg, American Bar Association, Section of Business Law, April 2011.
- "Design Patents and Product Configuration," Dallas Bar Association Intellectual Property Law Section, January 23, 2009.
- "Willful Patent Infringement and the Right to a Jury Trial."
- "Co-Branding on the World Wide Web."
Honors
- Selected for inclusion in Texas Super Lawyers - Rising Stars Edition 2009-2012
Online Publications
04/04/2013 -
Subject Matter Support in Design Continuation Applications: In re Owens Decision Provides New Guidance
On March 26, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Patent Office’s rejection of the claim of a design patent continuation application, bringing some degree of clarity to the practice of claiming a portion of a previously-claimed design while seeking priority to the filing date of the previously-claimed design.
10/12/2012 -
The IP Beacon, October 2012
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.
04/10/2012 -
Design Patent Judicial Decisions: A Year in Review
An overview of recent judicial decisions on design patents.
05/07/2010 -
The IP Beacon, May 2010
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.
05/04/2010 -
In Giving Crocs its Patent Bite Back, Has the Federal Circuit Increased the Value of all Design Patents?
01/19/2010 -
The IP Beacon, January 2010
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.
01/11/2010 -
Answering the New Test for Invalidating Design Patents
01/23/2009 -
Protecting Product Configurations: Design Patent Focus
Presented to the Dallas Bar Association Intellectual Property Section on January 23, 2009.
09/24/2008 -
The Federal Circuit Changes The Test For Design Patent Infringement
This news alert discusses changes in design patent law in light of the Egyptian Goddess, Inc. v. Swisa, Inc. case.