Dabney Carr is a partner in the firm’s litigation practice specializing in patent and intellectual property litigation, product liability litigation and other complex commercial disputes. Dabney represents clients in courts across the country, particularly in the “Rocket Docket” of the Eastern District of Virginia, where he has handled numerous matters, including dozens of patent cases. In his more than twenty-five years of practice, Dabney has served as lead counsel in litigation involving patent, trademark and copyright infringement, breach of software development and other complex commercial agreements and multi-district litigation involving pharmaceutical and medical device product liability claims.
Dabney joined Troutman Sanders after serving as a law clerk to the Honorable James R. Spencer of the U.S. District Court for the Eastern District of Virginia. Dabney has been recognized in Best Lawyers in America in multiple litigation categories since 2007 and named as one of America’s Leading Lawyers by Chambers USA since 2008. He has also been named to Virginia Business Magazine’s Legal Elite and is a former chair of the Civil Litigation Section of the Virginia Bar Association.
Dabney provides ongoing analysis and commentary on developments in intellectual property law, with a focus on Virginia, through his Virginia IP Law blog at http://www.virginiaiplaw.com/.
Rankings and Recognition
- Recognized as one of America's Leading Lawyers for Intellectual Property (2008-2010) and ranked first band - Intellectual Property: Southern Virginia by Chambers USA (2010-2015).
- Recognized in The Best Lawyers in America in Commercial Litigation, Copyright Law, Litigation - Intellectual Property, Litigation - Patent, Patent Law, Product Liability Litigation - Defendant - Medical Devices, Pharmaceutical, Toxic Tort and Trademark Law (2007-2014).
- Best Lawyers ' 2013 Washington, D.C. & Baltimore Product Liability Litigation "Lawyer of the Year".
- Named to Virginia Business magazine’s Legal Elite in Intellectual Property (2006, 2009, 2015).
- Selected by Law & Politics as a Virginia Super Lawyer in Intellectual Property (2010-2016).
- Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards.
- Represented automobile manufacturer in patent infringement suit involving fuel injector technology. Orbital Australia Pty Ltd v. Daimler AG, et al., Case No. 3:14cv808 (E.D. Va.)
- Representing semiconductor manufacturer in patent infringement suit involving computer processors. Samsung Elec’s. Co., Ltd. v. NVIDIA Corp., Case No. 3:14cv757 (E.D. Va.)
- Represented underground utility damage prevention firm in patent infringement suit involving software for locating underground infrastructure. CertusView Tech’s., LLC v. USIC, LLC, 2:14cv373 (E.D. Va.)
- Representing national financial institution in defense of four patents relating to mobile web applications. Intellectual Ventures I, LLC v. Capital One Financial Corp., Civil Action No. 8:13cv111 (D. Md.)
- Represented national financial institution in defense of patent relating to the secure delivery of website content. Obtained invalidation of patent for indefiniteness, which was affirmed on appeal. Media Rights Tech., Inc. v. Capital One Financial Corp., Case No. 1:13cv476 (E.D. Va.)
- Represented national financial institution in defense of five patents relating to operation of client’s website. Obtained dismissal of three patents and summary judgment of invalidity of remaining two patents, which was affirmed on appeal. Intellectual Ventures I, LLC v. Capital One Financial Corp. , Case No. 1:13cv740 (E.D. Va.)
- Lead counsel for a medical device company in patent infringement action involving repair of surgical endoscopes. Karl Storz Endoscopy America, Inc. v. Integrated Medical Systems Int'l., Inc. (N.D. Ala. 2010-15)
- Defended leading developer of antivirus and security software in patent infringement suit relating to computer security and intrusion detection. Trustees of Columbia University v. Symantec Corp., Case No. 3:13CV808 (E.D. Va.).
- Lead counsel for national baby stroller company in patent infringement claims against competitor. Obtained summary judgment of infringement and validity prior to settlement. Baby Jogger v. Britax Child Safety, Inc., Case No. 2:12CV452 (E.D. Va.)
- Defended a medical device manufacturer in patent infringement action involving abdominal and thoracic stent grafts. Obtained verdict of non-infringement after five-day bench trial. W.L. Gore & Assoc., Inc. v. Medtronic, Inc., Case No. 2:10 CV 441 (E.D.Va.).
- Defended a global business software developer in patent infringement action involving electronic sourcing and procurement systems. Adverse jury verdict reversed on appeal. ePlus, Inc. v. Lawson Software, Inc., Case No. 3:09 CV 620 (E.D.Va. 2009-2011).
- Defended a telecommunications carrier in a multi-defendant patent infringement action involving wireless modems. Obtained jury verdict of non-infringement and invalidity after nine-day jury trial. DNT LLC v. Sprint, et al., Case No. 3:09 CV 21 (E.D.Va. 2009).
- Lead counsel for deputy receiver of title insurance company in defense of claims against insolvent insurer. State Corporation Commission v. Southern Title Insurance Corp., Case No. INS-2011-00239 (2012-2015).
- Lead counsel for industrial manufacturer in dispute over implementation of complex “business intelligence” software. Case successfully resolved at mediation. DMG v. Amsted Rail Co., Case No. CL09-1392 (Cir. Ct. Newport News).
- Lead counsel for a resort owner in copyright infringement, trade secret, breach of contract and unfair competition claims relating to software applications for managing resort operations. P.C. Consulting v. King’s Creek Plantation, Case No. 1:08 cv 60 (D. Utah).
- Counsel to Patrick Henry School for Science and Arts, the first elementary charter school established in Virginia.
Publications, Presentations and Speaking Engagements
- Mention, “Capital One Asks Fed. Circ. To Revive Patent Antitrust Claims”, Law360, October 15, 2014.
- Panelist, Greater Richmond Chamber’s Entrepreneurial Trilogy, “Beyond the Patent Powerhouse,” February 5, 2013.
- Quoted, “A lesson on due diligence,” Richmond Times Dispatch, February 5, 2013.
- Quoted, "Va. IP Case May Lower Bar For Piercing Corporate Veil," Law360, November 16, 2012.
- Author, "Does Inducement of Patent Infringement Require Actual Knowledge of a Patent?—The Supreme Court’s Review of Global Tech Appliances Inc. v. SEB S.A., " BNA’s Patent, Trademark & Copyright Journal, January 2011.
- Co-author, "Supreme Court Grants Cert to Decide the State of Mind Necessary for Induced Infringement," Troutman Sanders Intellectual Property Advisory, October 13, 2010.
- Co-author, "Litigating Patent Infringement Cases in the 'Rocket Docket' of the Eastern District of Virginia," Intellectual Property & Law Journal, June 2010.
- Co-author, Spahn, Gary J., et al., Virginia Law of Products Liability, (Thomson/West 2002).
Professional and Community Involvement
- Fourth Circuit Judicial Conference
- International Association of Defense Counsel
- Virginia State Bar (Governing Council, 2015 – present; Board of Governors, Intellectual Property Section, 2010-present)
- Virginia Bar Association (Civil Litigation Executive Council, 2004-present) (Chair 2012-2014)
- Faculty Member, Harry L. Carrico Professionalism Course (2009-2012)
- Partner, Troutman Sanders LLP
- Law Clerk to Judge James R. Spencer, U.S. District Court for the Eastern District of Virginia, 1988-1989
- University of Virginia, J.D., 1988 (Winner, Lile Moot Court Competition, 1988; Winner, Stephen J. Traynor Award for Best Oral Advocate, 1988),
- The College of William and Mary, B.A., 1983
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Federal Circuit