Dabney J. Carr IV

Partner

Richmond
Tysons Corner
Business Phone: Richmond: 804.697.1238; Tysons Corner: 703.734.4015
Business Fax: 804.698.5119

dabney.carr@troutmansanders.com

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Dabney is a partner in the firm’s litigation section specializing in patent and intellectual property litigation, product liability litigation and other complex commercial disputes, particularly in the “Rocket Docket” of the U.S. District Court for the Eastern District of Virginia. In his more than twenty years of practice, Dabney has served as lead counsel in numerous matters, including litigation involving patent, trademark and copyright infringement, breach of software development and other complex commercial agreements, breach of fiduciary duty, conspiracy, and unfair trade practices litigation and multi-district litigation involving pharmaceutical and medical device product liability claims. Dabney is also one of the contacts for the firm's Eastern District of Virginia Litigation team.

Dabney joined Troutman Sanders after serving as a law clerk to the Honorable James R. Spencer, Chief Judge of the U.S. District Court for the Eastern District of Virginia. Dabney has been recognized in Best Lawyers in America in multiple 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 currently serves as 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.

Representative Experience
Patent
Defending medical device company in patent infringement action involving repair of surgical endoscopes. Kail Storz Endoscopy America, Inc. v. Integrated Medical Systems Int'l., Inc. (N.D. Ala. 2010-12)

Defending operator of largest website for part time and full time hourly jobs in patent infringement action involving computer assisted methods for facilitating evaluation of a product or service. Lumen View Tech, LLC v. Snag AJob.com, Inc., et.al, (D.Del.2012)

Defended social media company in defense of patent infringement claims. 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 multi-defendant patent infringement action involving Voice Over Internet Protocol (VoIP) products and services. Tierra Telecom, Inc. v. Level 3 Comm’s, Inc., et al., Case No. 1:10 CV 95 (E.D.Va. 2010).

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).

Complex Litigation
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 data aggregation company in claims based on alleged misuse of proprietary information in direct mail marketing campaigns. Obtained dismissal of all claims and award of attorneys’ fees (2008-09).

Products Liability
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.

Pro Bono
Counsel to Patrick Henry School for Science and Arts, the first elementary charter school established in Virginia.

Publications, Presentations and Speaking Engagements
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).

Work Experience
Partner, Troutman Sanders LLP
Law Clerk to Judge James R. Spencer, U.S. District Court for the Eastern District of Virginia, 1988-1989

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Education

  • University of Virginia, J.D., 1988 (Winner, Lile Moot Court Competition, 1988; Winner, Stephen J. Traynor Award for Best Oral Advocate, 1988),
  • College of William and Mary, B.A., 1983


Bar Admissions

  • 1988 Virginia


Court Admissions

  • 1989 U.S. District Court for the Eastern District of Virginia
  • 1989 U.S. District Court for the Western District of Virginia
  • 1990 U.S. Court of Appeals for the Fourth Circuit
  • 2000 U.S. Court of Appeals for the Federal Circuit


Memberships

  • Fourth Circuit Judicial Conference
  • Defense Research Institute
  • International Association of Defense Counsel
  • Virginia Bar Association (Civil Litigation Executive Council, 2004-present) (Chair 2012-present)
  • Virginia State Bar (Board of Governors, Intellectual Property Section, 2010-present)
  • Faculty Member, Harry L. Carrico Professionalism Course (2009-2012)