Dabney Carr is a partner in the firm’s litigation section specializing in patent and intellectual property litigation, product liability litigation and other complex commercial disputes. Dabney concentrates on litigation in the “Rocket Docket” of the U.S. District Court for the Eastern District of Virginia, where he has handled numerous matters, including dozens of patent cases. In his more than twenty 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 and named as one of America’s Leading Lawyers by Chambers USA. 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/.
Honors and Other Distinctions
Recognized as one of America's Leading Lawyers for Intellectual Property (2008-2010) and ranked first band - Intellectual Property: Southern Virginia by Chambers USA (2010-2013).
Recognized in The Best Lawyers in America in Commercial Litigation, Copyright Law, Litigation - Intellectual Property, Litigation - Patent, Patent Law, Product Liability Litigation - Defendants, 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).
Selected by Law & Politics as a Virginia Super Lawyer in Intellectual Property (2010-2013).
Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards.
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. 2010-12)
Defending 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.)
Defending grocery store chain in patent infringement suit involving meal planning websites. DietGoal Innovations, LLC v. Wegmans Food Markets, Inc., Case No. 2:13CV154 (E.D. Va.).
Defended semiconductor manufacturer in patent infringement suit relating to Flash memory products. Macronix International Co., Ltd. v. Spansion, Inc., Case No. 3:13CV679 (E.D. Va.).
Represented leading developer of wireless interactive home security systems in patent infringement suit relating to wireless security and home monitoring systems. iControl Networks, Inc. v. Alarm.com Incorporated, Case No. 1:13cv834 (E.D. Va.)
Lead counsel for artificial Christmas tree manufacturer in patent infringement suit against competitor. Polygroup Macau Ltd. (BVI) v. Willis Electric Co., Ltd., Case No. 2:12CV436 (E.D. Va.).
Represented dental prosthetic equipment manufacturer in patent declaratory judgment action against competitor. Dentsply International, Inc. v. Technique D’Usinage Sinlab, Inc., Case No. 1:12CV898 (E.D. Va.).
Defended social media company in patent infringement suit resulting in jury verdict at trial. VS Technologies, LLC v. Twitter, Inc., Case No. 2:11 CV 43 (E.D.Va. 2011).
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. 2010-2012).
Defending a global business software developer in patent infringement action involving electronic sourcing and procurement systems. 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 for laptop computers. 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 (2012-2014).
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 2009).
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 2009-2010).
Defended a major pharmaceutical manufacturer in multiple claims relating to allegations of liver injury from the use of an antibiotic.
Lead counsel for a forklift manufacturer in negligence and breach of warranty claim involving significant personal injury.
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.
"What's Happening to the Attorney-Client Privilege and Work Product Doctrine?" International Association of Defense Counsel (IADC) Corporate Counsel College, April 19, 2007.
Co-author, Spahn, Gary J., et al., Virginia Law of Products Liability, (Thomson/West 2002).