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Dana McDaniel is an intellectual property and commercial litigator with extensive experience representing clients in matters involving intellectual property issues, including patent infringement, trademark infringement, false advertising, unfair competition, copyright infringement, trade secret misappropriation, licensing disputes and technology contract disputes. Dana has litigated commercial and intellectual property cases in state and federal courts in Virginia and numerous other states and has represented clients in opposition and cancellation proceedings before the U.S. Trademark Office.

Dana earned his B.S. from Virginia Tech in 1977 and his J.D. from the College of William & Mary, Marshall-Wythe School of Law, in 1985.  From 1977 - 1982, Dana worked in the computer industry with Burroughs Corporation (now Unisys) and Computer Sciences Corporation. 

Education

  • The College of William and Mary, Marshall-Wythe School of Law, Williamsburg, Virginia (J.D., Order of the Coif, 1985) National Moot Court Team
  • Virginia Polytechnic Institute, Blacksburg, VA (B.S., 1977)

Bar Admissions

  • Virginia
  • U.S. District Court Eastern District of Virginia
  • U.S. District Court Western District of Virginia
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Appeals Federal Circuit

Representative Cases

  • Corning Optical Communs. Wireless Ltd. v. Solid, Inc., C.A. 3:14-cv-367 (E.D. Va. Aug. 18, 2014)
  • buySAFE, Inc. v. Google, Inc., C.A. 3:13-cv-781 (E.D. Va. June 16, 2014)
  • Trustees of Columbia University in the City of New York, v. Symantec Corporation, C.A. 3:13-cv-808 (patent infringement plaintiff)
  • Humanscale Corporation v. CompX International Inc., et al., C.A. 3:09-cv-86 E.D.Va. (patent infringement counterclaim plaintiff)
  • WiAV Solutions LLC v. Motorola Inc., et al., C.A. 3:09-cv-447 E.D.Va. (patent infringement defense)
  • SPH America, LLC v. Acer, Inc., et al., C.A. 3:09-cv-02535 S.D.Ca. (patent infringement defense)
  • Lumber Liquidators, Inc. v. Stone Mountain Carpet Mills, Inc., C.A. 3:08-cv-573 E.D.Va. (trademark infringement defense)
  • Colonial Downs, L.P., et al. v. Youbet.com, Inc., C.A. 3:07-cv-577 E.D.Va. (commercial defense)
  • NTP, Inc. v. T-Mobile USA, Inc., C.A. 3:07-cv-584 E.D.Va. (patent infringement defense)
  • Richmond IP Holdings, LLC v. K&P International Holdings, Ltd., et al., C.A. 3:06-cv-121 E.D.Va. (patent infringement plaintiff)
  • Coinstar, Inc. v. Coinxchange, LLC, C.A. 3:06-cv-299 E.D.Va. (patent infringement plaintiff)
  • Richmond IP Holdings, LLC v. Homedics, Inc., et al., C.A. 3:05-cv-142 E.D.Va. (patent infringement plaintiff)
  • Matrix PT LLC v. Evergreen Enterprises, Inc., C.A. 3:05-cv-662 E.D.Va. (patent infringement defense)
  • Hideki Electronics, Inc. v. Lacrosse Technology, Ltd., C.A. 3:04-cv-1862 D.Or. (patent declaratory judgment defense)
  • Nestor Inc. v. Transol USA, Inc., C.A. 2:03-cv-8562 C.D.Ca. (patent infringement defense)
  • Atlantic Construct, et al. v. Metrochem, Inc., C.A. 5:03-cv-34 W.D.Va. (patent infringement plaintiff)
  • Tamarian Carpets, et al. v. Green Front Furniture Store, Incorporated, C.A. 2:00-cv-149 E.D.Va. (copyright infringement defense)
  • H.D. Oliver Funeral Apartments, Inc., et al. v. Dignity Funeral Services, Inc., et al., C.A. 2:97-cv-218 E.D.Va. (false advertising defendant)

Honors and Awards

  • Best Lawyers in America, Lawyer of the Year, Richmond, Virginia
    • Intellectual Property (2011)
    • Litigation: Intellectual Property (2012, 2014, 2016)
    • Litigation: Patent (2013, 2015, 2017)
  • Best Lawyers in America, Intellectual Property and Patent Litigation, Richmond, Virginia
  • Fellow, American Bar Foundation, 2013 - Present
  • Chambers USA for Intellectual Property, Southern Virginia
  • Virginia Super Lawyers, Intellectual Property Litigation, 2006-2018
  • Virginia Business magazine's Legal Elite
  • Virginia Business magazine's Top Technology and Intellectual Property Attorney, 2000
  • Rated AV Preeminent by Martindale-Hubbell

Professional Associations and Memberships

  • Virginia Bar Association
    Chair, Intellectual Property and Information Technology Law Section, 2011--2012
  • American Bar Association, Intellectual Property Law Section
    Chair and Co-Chair of the Young Lawyers Section, 1996-98; Co-Chair Annual Meeting Committee, 1999
  • Virginia State Bar
    Chair, Computer Study and Implementation Committee, 2000-06
  • Virginia State Bar
    Chair, Standing Committee on Professionalism, 2006-08
  • The Greater Richmond Intellectual Property Law Association, 1994 - Present
    Founding Director and Member
  • John Marshall Inn of Court
    Master

Classes/Seminars Taught

  • Panel Discussion on Pretrial Resolution of IP Disputes, Virginia State Bar 24th Annual Intellectual Property Fall CLE Seminar, September 21-22, 2012
  • ADR Essentials for Business Attorneys, Virginia CLE, 41st Annual Advanced Business Law Seminar, Charlottesville, Virginia, March 25, 2011
  • Remedies: The Changing Landscape at the Intersection of Civil and Intellectual Property Litigation, Virginia Bar Association, July 23, 2010
  • 27th Annual Business Law Seminar, Managing and Resolving Conflicts, Virginia CLE, September 23, 2009
  • What to do When You Get the Letter: Patents and Copyrights, VBA Winter Meeting, January 23, 2009
  • Mediating The Business Litigation Case: Advanced Issues, VBA Advanced Business Litigation Institute, April 11, 2008
  • What To Do When You Get The Letter: A Panel Discussion of How To Respond To Cease and Desist Letters in Trademark and Trade Secret Cases, VBA Winter Meeting, January 18, 2008

Publications