Dabney J. Carr IV

Partner

Richmond
Business Phone: 804.697.1238
Business Fax: 804.698.5119

dabney.carr@troutmansanders.com

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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.

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 (2010-2016).
  • Recognized in The Best Lawyers in America in Commercial Litigation (2012-2017), Copyright Law (2013-2017), Litigation - Intellectual Property (2012-2017), Litigation - Patent (2012-2017), Patent Law (2013-2017), Product Liability Litigation - Defendant (2011-2017) and Trademark Law (2013-2017).
  • 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.

Representative Matters

Patent

  • Representing leading provider of internet content delivery services in patent infringement suit involving eleven patents relating to internet data transmission. Limelight Networks, Inc. v. XO Commn’s., Inc. and Akamai Technologies, Inc., Case No. 3:15CV720 (E.D.Va.)
  • Representing worldwide manufacturer of prescription eyeglass lenses in defense of patent infringement suit relating to the manufacture of progressive multifocal lenses. EHS Lens Philippines, Inc. v. Essilor International, et al., Case No. 16CV563 (E.D.Va.)
  • Lead counsel for a medical device company in patent infringement action involving repair of surgical endoscopes. Obtained invalidation of patent in reexamination which was affirmed on appeal. Karl Storz Endoscopy America, Inc. v. Integrated Medical Systems Int'l., Inc. (N.D. Ala. 2010-16)
  • Lead counsel for artificial Christmas tree manufacturer in patent infringement cases and Inter Partes Review petitions against competitor. Polygroup Macau Limited (BVI) v. Willis Electric, Case No. 3:15cv552 (W.D.N.C.); Willis Electric v. Polygroup Macau Limited (BVI), Case No. 15cv3443 (D. Minn.)
  • Represented semiconductor manufacturer in patent infringement suit involving six patents relating to computer graphics processor, resulting in jury verdict of non-infringement. 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. Obtained summary judgment of invalidity. CertusView Tech’s., LLC v. USIC, LLC, 2:14cv373 (E.D. Va.)
  • 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.), aff’d, 800 F.3d 1366 (Fed. Cir. 2015)
  • 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 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), aff’d, 700 F.3d 509 (Fed. Cir. 2012).
  • 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).

Complex Litigation

  • Lead counsel in defense of Clean Water Act suit relating to the storage of coal ash byproducts from power generation, including a four-day bench trial. The first case to reach trial of numerous actions by environmental groups across the country seeking the excavation and disposal of ash stored at all coal ash storage facilities. Sierra Club v. Dominion Resources, Inc., Case No. 2:15CV112 (E.D. Va. 2015-16)
  • Lead counsel to leading provider of travel insurance products in dispute with travel websites over breach of distribution agreement. Matter settled favorably after provided notice of breach of agreement to adverse party and suit threatened.
  • 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).

Pro Bono

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

Publications, Presentations and Speaking Engagements

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)

Professional 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),
  • The 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