Robert is a partner in the firm’s Intellectual Property and Complex Litigation Sections. His practice includes civil litigation in state and federal court at both the trial and appellate level. Robert has substantial experience litigating and counseling clients in complex litigation and intellectual property matters, including disputes involving patent, trademark and copyright infringement, trade secret violations, unfair competition and antitrust claims.

Prior to joining Troutman Sanders, Robert clerked for the Honorable James C. Cacheris, Chief Judge of the United States District Court for the Eastern District of Virginia. Robert regularly represents litigants in all three divisions of the United States District Court for the Eastern District of Virginia, and has published articles and made presentations about litigating intellectual property disputes in that forum.

Robert is a member of the firm's Associate Review Committee and is co-chair of the firm’s Electronic Discovery and Data Management Practice Team.

Representative Experience

Intellectual Property Cases

Representing global business software developer in patent infringement action involving electronic sourcing and procurement systems. ePlus, Inc. v. Lawson Software, Inc., Civil Action No. 3:09cv620 (E.D. Va. 2009-2010).

Represented chemical company in defense of patent infringement claims relating to brominated diphenylalkane products. Chemtura Corp. v. Albemarle Corp., Civil Action No. 3:09cv143 (E.D. Va. 2009).

Represented 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. DNT, LLC v. Sprint Nextel Corporation, et al., Civil Action No. 3:09cv21 (E.D. Va. 2009).

Representing hardwood flooring retailer in trademark and trade dress infringement action against competitor. Lumber Liquidators, Inc. v. Stone Mountain Carpet Mills, Inc., Civil Action No. 3:08cv573 (E.D. Va. 2008).

Represented traffic control system contractor in defense of patent infringement claims relating to electronic traffic control systems. Scientex Corp. v. Renaissance Technologies, Inc., Civil Action No. 1:08cv800 (E.D. Va. 2008).

Represented data provider in defense of claims based upon alleged misuse of proprietary information used in direct mail marketing campaigns. Obtained dismissal of state court unfair trade practices claim, summary judgment on all remaining claims, and award of attorneys' fees and costs totaling $781,874. Corinthian Mortgage Corp. v. ChoicePoint Precision Marketing LLC, Civil Action No. 1:07cv832 (E.D. Va. 2008).

Represented manufacturer of disposable food products in trademark infringement action against competitor. Dixie Consumer Products LLC v. Reynolds Packaging LLC, Civil Action No. 3:08cv00564 (E.D. Va. 2008).

Served as expert witness relating to attorneys’ fees incurred in successful prosecution of copyright infringement claims. Silver Ring Splint Co. v. Digisplint, Inc., Civil Action No. 3:06cv65 (W.D. Va. 2008).

Represented 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. Thomas & Betts Power Solutions, L.L.C. v. Power Distribution, Inc., Civil Action No. 3:07cv167, 2008 U.S. Dist. LEXIS 22599 (E.D. Va. 2008).

Represented computer manufacturer in defense of patent infringement claims relating to computer cursor control stick technology. GIV, LLC v. International Business Machines Corporation, Civil Action No. 3:07cv067, 2007 U.S. Dist. LEXIS 30168 (E.D. Va. 2007).

Defended major baby stroller company in defense of trade dress infringement claims. BOB Strollers, Inc. v. Baby Jogger, LLC, Civil Action No. CV07-263 (D. Idaho).

Defended a major pharmaceutical company in patent infringement action involving a patent for an antibiotic used to treat respiratory infections. Lupin, Ltd. v. Abbott Laboratories, et al., Civil Action No. 3:06cv400 (E.D. Va. 2006).

Defended manufacturer of coin-counting machinery in patent infringement action. Obtained summary judgment on all claims. Coinstar, Inc. v. CoinXChange, LLC, et al., Civil Action No. 3:06cv299 (E.D. Va. 2006).

Defended a major software development company in patent infringement action involving patents for electronic sourcing and procurement systems. ePlus, Inc. v. SAP AG, Civil Action No. 3:05cv281 (E.D. Va. 2006).

Represented a pharmaceutical company in trademark and trade dress infringement, false advertising and unfair competition action against generic pharmaceutical company. Atley Pharmaceuticals, Inc. v. Brighton Pharmaceuticals, Inc., et al., Civil Action No. 3:06cv301 (E.D. Va. 2006)

Defended a snuff tobacco manufacturer in trade dress infringement action. Philip Morris USA Inc. v. Swedish Match North America, Inc., et al., Civil Action No. 3:06cv134 (E.D. Va. 2006).

Represented national trade show producer in antitrust litigation against regional competitor. MAC Events, LLC v. Royal Productions, Inc., Civil Action No. 3:05cv498 (E.D. Va. 2005).

Defended major gun manufacturer in trademark, trade dress and patent infringement, and false advertising action relating to military machine guns. Colt Defense, LLC v. Heckler & Koch Defense, Inc., Civil Action No. 2:04cv258 (E.D. Va. 2004).

Defended a major computer software company in patent infringement action involving patents for whiteboard software technology. Imagexpo, LLC, v. Microsoft Corp., Civil Action No. 3:02cv751 (E.D. Va. 2003).

Represented a major computer software company in anti-piracy trademark and copyright infringement litigation. Microsoft Corp. v. ABC Computers, 4:07cv0051 (W.D. Va. 2007); Microsoft Corp. v. #9 Software, Civil Action No. 4:05cv106 (E.D. Va. 2005); Microsoft Corp. v. East Outlet Software, Civil Action No. 4:05cv105 (E.D. Va. 2005); Microsoft Corp. v. NTK Computers, Civil Action No. 3:02cv480 (E.D. Va. 2002).

Represented a national equipment rental company in trademark infringement action against a local competitor. Equipment Depot, Ltd. v. Equipment Depot, Inc., et al., Civil Action No. 3:05cv309 (E.D. Va. 2005).

Defended a utility engineering company in patent infringement litigation. Utiliscope Corp. v. T.B.E. Group, Inc., Civil Action No. 3:00cv639 (E.D. Va. 2001).

Represented a major assisted living and retirement provider in trademark infringement action before the U.S. District Court for the District of Delaware, and in concurrent use proceeding before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board.

Defended an investment advisor in multi-million dollar trade secret litigation before the U.S. District Court for the Eastern District of Virginia.

Complex Litigation Cases

Representing bank in dispute regarding letter of credit obligations. SunTrust Banks v. M.G. Robertson, Trustee, et al., Civil Action No. 2:09cv187 (E.D. Va. 2009)

Representing speech compression software company in contract dispute with national provider of speech recognition and dictation products. Vianix Delaware LLC v. Nuance Communications, Inc., Civil Action No. 2:09cv141 (E.D. Va. 2009).

Represented company in dispute with former company president relating to employment compensation, breach of fiduciary duty, and patent ownership issues. Kirollos v. Microteq LLC, et al., Civil Action No. 2:09cv196 (E.D. Va. 2009).

Represented lender/creditor in adversary proceeding against debtor seeking to avoid discharge of debt in bankruptcy. RBA Capital, LP v. James F. Price, Adv. Proceeding No. 08-03115 (Bank. E.D. Va. 2009).

Represented bank in defense of breach of contract claims. Obtained summary judgment on all claims. Miles v. Fulton Bank, Civil Action No. 2:08cv202 (E.D. Va. 2008), aff’d 2009 U.S. App. LEXIS 17241 (4th Cir. Aug. 3, 2009) (per curiam, unpublished).

Represented lender in breach of contract claim against escrow agent and seller. Obtained summary judgment on all claims. Western Capital Partners v. Atlantic Coast Home Builders, Inc., Civil Action No. 2:07cv83 (E.D. Va. 2008).

Defended a non-profit organization in defense of a First Amendment challenge to its faith-based prison initiative. Americans United for the Separation of Church and State, Inc. v. Prison Fellowship Ministries, Inc., et al., Civil Action No. 4:03cv90074 (S.D. Iowa 2006), Appeal No. 06-2741 (8th Cir. 2007).

Defended officers and directors of several closely held corporations in multi-million dollar securities fraud action brought by minority shareholders. Moseman v. Van Leer, et al., Civil Action No. WMN 98434 (D. Md. 2000), aff’d, 263 F.3d 129 (4th Cir. 2001), cert. denied, 534 U.S. 1148 (2002).

Represented the board directors and majority shareholders of a technology company in multiple lawsuits brought by its former CEO and allied minority shareholders to regain control of corporation. TechnoBrands, Inc. v. Anton, et al., Case Nos. CH02-430, CH02-507, CL02-772 (Cir. Ct. Chesterfield Co. 2002); Case No. LP 2339 (Cir. Ct. City of Richmond 2002).

Represented a commercial property owner in appeal of erroneous tax assessment before the state circuit court and the Supreme Court of Virginia. City of Martinsville v. Commonwealth Boulevard Associates, LLC, 268 Va. 697, 604 S.E.2d 69 (2004).

Represented a major financial institution in civil RICO action against individuals who assisted multi-million dollar debtor remove assets to offshore location. First Union N.A. v. Freasier, Civil Action No. 3:00cv283 (E.D. Va. 2001).

Represented property owners in appeal of adverse circuit court decision regarding property rights before the Supreme Court of Virginia. Haisfield v. Lape, 264 Va. 632, 570 S.E.2d 794 (2002).

Defended a major insurer in multi-million dollar breach of contract, quantum meruit, and fraud action before the state circuit court and the Supreme Court of Virginia. ITT Hartford Group, Inc. v. Virginia Financial Associates, Inc., 258 Va. 193, 520 S.E.2d 355 (1999).

Defended a major financial institution in a multi-million dollar breach of trust claim brought by the beneficiaries of a trust before the state circuit court and the Supreme Court of Virginia. Ward v. NationsBank N.A., 256 Va. 427, 507 S.E.2d 616 (1998).

Pro Bono Cases

Represented prisoner in petition for Writ of Actual Innocence based upon alleged victim’s recantation under new Virginia Actual Innocence Statute before the state circuit Court, the Court of Appeals of Virginia, and the Supreme Court of Virginia.

Represented Virginia prisoners in civil divorce proceedings.

Publications

Co-author, "Litigating Patent Infringement Cases in the 'Rocket Docket' of the Eastern District of Virginia," Intellectual Property & Law Journal, June 2010

Co-author, "The 'Substantial Question of Patentability' Defense," IP Law 360 (November 24, 2008)

Co-author, "Litigating Patent Infringement Cases in the 'Rocket Docket' of the Eastern District of Virginia," Mealey's Litigation Report: Intellectual Property (December 1, 2006)

Co-author, "Litigating Patent Infringement Cases in the Eastern District of Virginia," IP Law 360 (October 23, 2006)

Co-author and CLE Presenter, "Electronic Discovery: Emerging Case Law and Amendments to the Federal Rules of Civil Procedure," (2006)

Co-author, "Preserving Your Client's Claim for Attorneys' Fees: Recognizing When a Simple Claim for Attorneys' Fee Is Not So Simple," VBA News Journal (October/November 2005)

Co-author, "Beware the Rocket Docket: Litigating IP Disputes in the Eastern District of Virginia," Atlantic Coast In-House Magazine (October 2004)

Co-author, "Traps For The Unwary: Litigating Intellectual Property Cases In The Rocket Docket,"  Mealey's Litigation Report: Intellectual Property, (April 2003)

Co-Author, "Ex Parte Interviews of Corporate Employees in Virginia,” Virginia State Bar Litigation Section's Litigation News, (Winter 1995-1996)

Presentations and Speaking Engagements

Presenter, "What To Do When You Get The Letter: Patents and Copyrights," Virginia Bar Association Annual Meeting (January 2009); Greater Richmond Intellectual Property Law Association (April 2009)

Presenter, “The Rocket Docket 2008: Trying Cases in the Eastern District of Virginia,” Virginia CLE (December 2008)

Moderator, “Top 10 Recent Developments in Intellectual Property Law,” Virginia State Bar Annual Meeting, IP Section CLE (June 2008)

Presenter, “Practical Strategies for E-Discovery,” Advanced Business Litigation Institute, Virginia CLE (April 2008)

Presenter, “The Rocket Docket 2006: Trying Cases in the Eastern District of Virginia,” Virginia CLE (December 2006)

Presenter, “Hot Topics: Recent Decisions of the Supreme Court of Virginia,” Virginia State Bar Professional Development Conference (March 2002)