Dabney is a partner in the Litigation Section specializing in intellectual property and products liability litigation and is deputy chair of the firm's Products Liability Practice Group. Dabney has substantial experience in intellectual property litigation, particularly patent and trademark claims, in all the federal courts in Virginia. Dabney also has extensive experience defending pharmaceutical and medical device and other types of product liability claims in state and federal court. Dabney is a co-author of a treatise on Virginia products liability law and regularly speaks and writes on intellectual property and products liability topics. 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 provides ongoing analysis and commentary on developments in intellectual property law, with a focus on Virginia. Please visit his Virginia IP Law blog at http://www.virginiaiplaw.com/.
Patent and Intellectual Property Cases
Defending a global business software developer in patent infringement action involving electronic sourcing and procurement systems. (E.D. Virginia 2009-2010)
Defended a telecommunications carrier in a multi-defendant patent infringement action involving wireless modems for laptop computers brought by an Acacia Research subsidiary. Obtained jury verdict of non-infringement and invalidity after nine-day jury trial. (E.D. Virginia 2009)
Defending a major chemical company in defense of patent infringement claims brought by primary competitor relating to brominated diphenylalkane products. (E. D. Virginia 2009)
Defended a mattress manufacturer in multi-defendant patent infringement action involving “memory foam” technology brought by a large national competitor. Action voluntarily dismissed by the plaintiff while a motion to dismiss was pending. (W.D. Virginia 2009)
Represented data provider in defense of suit in federal court claiming misuse of proprietary information in direct mail marketing campaigns. Obtained dismissal of all claims and award of attorneys' fees and costs totaling more than $750,000. (2008)
Represented national bank suit alleging breach of fiduciary duties, conspiracy and unfair trade practices against former employees and a competitor for improperly soliciting the entire staff of a business unit to join a competitor bank. (2008)
Represented a manufacturer of a branch circuit management system for monitoring electrical power in a patent infringement action. Obtained summary judgment of non-infringement and persuaded the court to declare the case exceptional and award attorneys’ fees. (2007-08)
Represented hand sanitizer manufacturer in trade secret and Lanham Act claims against former contractors. Obtained favorable settlement while preliminary injunction motion pending. (2007-08)
Defended manufacturer of dietary supplements against claims of trademark infringement and false advertising relating to use of keywords by an internet search engine. Obtained voluntary dismissal of case while motion to dismiss pending. (2007-08)
Assisted in the defense of a major pharmaceutical company in patent infringement action involving a patent for an antibiotic used to treat respiratory infections. (2006-07)
Defended manufacturer of coin counting machinery in patent infringement action. Obtained summary judgment on all claims. (2006)
Assisted in the defense of a global business software developer in patent infringement action involving electronic sourcing and procurement systems. After multi-week trial ended in a hung jury, case settled for favorable amount. (2005-06)
Assisted in the defense of a Japanese semiconductor manufacturer in patent infringement action relating to an apparatus for the manufacture of semiconductors. (2005-06)
Products Liability Cases
Representing major pharmaceutical manufacturer in multiple claims relating to allegations of liver injury from the use of an antibiotic. (2008-09)
Defended forklift manufacturer in negligence and breach of warranty claim involving significant personal injury. Reached favorable settlement shortly before trial. (2004-06)
Defended major retailer in multi-party litigation alleging significant damage to several retail stores from use of allegedly defective structural fill material during construction of a shopping center. (2003)
Defended distributor of 3-wheel parking enforcement vehicle in claim involving a rollover and fire resulting in severe burn injuries to parking enforcement officer. (2001)
Defended medical device manufacturer in defense of a claim of a defect in a cold therapy device used after foot surgery that allegedly resulted in frostbite. Case settled for nominal amount after plaintiff’s liability expert excluded. (2000)
Presentations and Speaking Engagements
"Top Ten Recent Developments in Intellectual Property Law," Virginia State Bar Annual Meeting, June 20, 2008.
"The World is Flat: Punitive Damages at Home and Abroad," International Association of Defense Counsel (IADC) Annual Meeting, July 11, 2007.
"What's Happening to the Attorney-Client Privilege and Work Product Doctrine?" International Association of Defense Counsel (IADC) Corporate Counsel College, April 19, 2007.
"The Class Action Fairness Act: Sum & Substance," International Association of Defense Counsel (IADC) Annual Meeting, July 3, 2005.
Co-Chair, Current Issues in Medical Device Litigation, ABA Section of Litigation, Products Liability Committee Regional Seminar, September, 2004.
Publications
Co-author, "Litigating Patent Infringement Cases in the 'Rocket Docket' of the Eastern District of Virginia," Intellectual Property & Law Journal, June 2010
"Wyeth v. Levine, Six Months Later - What Remains of Prescription Drug Preemption?", Drug, Device and Biotechnology Committee Newsletter, The International Association of Defense Counsel, October 2009.
Co-author, Angle, Robert A., The 'Substantial Question of Patentability' Defense, IP Law 360, November 24, 2008.
Co-author, Angle, Robert A., Litigation Patent Infringement Cases in the 'Rocket Docket' of the Eastern District of Virginia, Mealey's Litigation Report: Intellectual Property, December 1, 2006.
Co-author, Angle, Robert A., Litigating Patent Infringement Cases in the Eastern District of Virginia, IP Law 360, October 23, 2006.
Co-author, Spahn, Gary J., et al., Virginia Law of Products Liability, (Thomson/West 2002).
Bar Associations and Legal Associations
Fourth Circuit Judicial Conference
Defense Research Institute
International Association of Defense Counsel
Lawyers for Civil Justice (Associate Member)
Virginia Bar Association (Civil Litigation Executive Council 2004-present)
Work Experience
Partner, Troutman Sanders LLP
Practice Group Leader, Products Liability, 2004-present
Law Clerk to Judge James R. Spencer, U.S. District Court for the Eastern District of Virginia, 1988-1989