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 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 on the Executive Council 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 in 2010 by Chambers USA.
Recognized in The Best Lawyers in America in Commercial Litigation Law, Intellectual Property Law, Patent Litigation Law, and Product Liability Litigation Law (2007-2012).
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 (2010-2011).
Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards.
Representative Experience
Patent
Defending 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).
Defending a medical device manufacturer in patent infringement action involving abdominal and thoracic stent grafts. W.L. Gore & Assoc., Inc. v. Medtronic, Inc., Case No. 2:10 CV 441 (E.D.Va. 2010-2011).
Defending major telecommunications carrier in patent infringement action relating to transfer of email over wireless networks. NTP, Inc. v. AT&T Mobility, LLC, Case No. 3:07 CV 550 (E.D.Va. 2007-2011).
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).
Defended a major chemical company in defense of patent infringement claims brought by primary competitor relating to brominated diphenylalkane products. Chenntura Corp. v. Albemarle Corp., Case No. 2:09 CV 447 (E.D.Va. 2009).
Defended 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 on favorable terms. ePlus, Inc. v. SAP America, Inc., Case No. 3:05 CV 281 (E.D.Va. 2005-2006).
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).
Represented a national bank in 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).
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
Co-author with Brian Fowler, " Supreme Court Decision in Pliva v. Mensing Breathes New Life into 'Impossibility' Preemption of Prescription Drug Failure to Warn Claims ," Product Liability Committee Newsletter, November 2011
"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.
Author, " of Global," 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.
" 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, " Will Winter v. NRDC Hasten The End Of The 'Substantial Question Of Patentability' Defense To Preliminary Injunctions? ," Troutman Sanders Intellectual Property Advisory, December 5, 2008 "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.
Co-author, Spahn, Gary J., et al., Virginia Law of Products Liability, (Thomson/West 2002).
Community Involvement
Vestry, St. Paul's Episcopal Church, 1991-1994, 1998-2001, 2008-2010 (Senior Warden, 1993-1994).
Board of Managers, St. Paul's Church Home, 1997-2003.
Board of Directors, Peter-Paul Development Center, 1991-1994.
Board of Managers, Roslyn, 1993 -2001 (President, 1998-2001).
Board of Directors, William Byrd Community House, (1994-1999).
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
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)