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.
Prior to attending law school, Dana worked in the computer industry with Burroughs Corporation (now Unisys) and Computer Sciences Corporation.
Education
Education
The College of William and Mary, Marshall-Wythe School of Law (J.D., Order of the Coif, 1985) National Moot Court Team
Virginia Polytechnic Institute and State University, Blacksburg, VA (B.S., 1977)
Bar Admissions
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
Representative Cases
Dana has represented numerous clients in intellectual property litigation, including patent infringement, trademark infringement, and trade secret litigation in federal courts in the Eastern District of Virginia and other U.S. federal district courts. A sampling of these matters include:
Co-counsel in representing a large non-profit university in successfully prosecuting a patent infringement claim against a publicly traded corporation.
Co-counsel in successfully representing an office equipment manufacturer in a patent infringement claim against a competitor.
Lead counsel in defending a mobile phone manufacturer in multiple patent infringement cases.
Co-counsel in defending a retail flooring manufacturer and retailer against trademark infringement claims brought by a large competitor.
Co-counsel in defending a chair manufacturer against claims of trademark infringement and cancelation of the client’s trademark registration.
Lead counsel in successfully defending red-light camera system manufacturer against a claim of patent infringement by a competitor.
Lead counsel in defending a jewelry product manufacturer against a claim of patent infringement.
Co-counsel in representing an individual against claims of trade secret misappropriation.
Honors and Awards
Honors and Awards
Virginia Lawyers Weekly Virginia's Go-To Lawyers for Intellectual Property, 2022
Best Lawyers in America, Lawyer of the Year, Richmond, Virginia
Best Lawyers in America 2008-2025 Intellectual Property Litigation and Patent Litigation, Richmond, Virginia
Virginia Business magazine's Legal Elite for Intellectual Property, 2013-2024
Virginia Super Lawyers, Intellectual Property Litigation, 2006-2024
Chambers USA for Intellectual Property, Southern Virginia
Virginia Business magazine's Top Technology and Intellectual Property Attorney, 2000
Rated AV Preeminent by Martindale-Hubbell
Professional Associations and Memberships
Professional Associations and Memberships
Virginia Bar Association
Chair, Intellectual Property and Information Technology Law Section, 2011-2012
American Bar Association, Intellectual Property Law Section
Co-Chair Annual Meeting Committee, 1999
Chair and Co-Chair of the Young Lawyers Section, 1996-98
Virginia State Bar
Chair, Standing Committee on Professionalism, 2006-2008
Chair, Computer Study and Implementation Committee, 2000-2006
The Greater Richmond Intellectual Property Law Association, 1994 - Present, Founding Director and Member
Classes/Seminars Taught
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
