Dave Cross prosecutes and defends intellectual property and other technology cases before juries and judges in federal and state courts around the country. He also has extensive experience prosecuting and defending trademark and unfair competition cases before the Trademark Trial and Appeal Board (TTAB) and in state and federal courts. He has handled disputes involving a wide range of technologies and industries including biochemistry, computer software and hardware, plastics, medical instrumentation, and semiconductors. Dave is listed in The Best Lawyers in America® and has been selected for inclusion in the Wisconsin Super Lawyers® lists in intellectual property litigation.
- Mr. Cross successfully argued Rexnord v. Kappos, an important 2013 Federal Circuit decision that has gained national attention for clarifying the procedural rules for Patent Office appeals and for the application of the obviousness defense. “Fed. Cir. Finds Patent Obvious,” IP Law360, January 23, 2013; “Fed. Cir.: Appeals Board Should Consider Any Argument Supported by Record,” The National Law Journal, January 24, 2013; “Federal Circuit: Appeals Board Should Consider Any Argument Supported by Record,” The American Lawyer, January 25, 2013.
- Mr. Cross recently led a team of Q&B lawyers in the successful defense of Metso Minerals, which had been accused by a competitor, Astec Industries, of patent infringement. The Q&B team obtained a judgment that the Astec patent was invalid. “Astec Rock Crushers Patent Claims Invalid, Judge Rules,” IP Law360, December 6, 2012.
- Mr. Cross served as lead trial counsel for Metso Minerals in its trade secret theft, patent infringement, computer hacking and Lanham Act case against FLSmidth-Excel. The case settled shortly before trial in June 2010 with a $25 million payment to Metso, the largest reported settlement or judgment in Wisconsin in 2010. “Patent settlement largest reported outcome,” Wisconsin Law Journal, January 18, 2011.
- Mr. Cross has the unique experience of inventing his own patented consumer product, which he commercialized following his successful prosecution of trademark, copyright and patent lawsuits concerning his and competing products. His personal experience as a party to intellectual property litigation helps him bring a unique passion and perspective to intellectual property disputes and litigation.
- Mr. Cross successfully argued Valu Engineering, Inc. v. Rexnord Corporation, 278 F.3d 1268 (Fed. Cir.), an important Federal Circuit decision that clarified the functionality boundary between patent and trademark law.
- Mr. Cross also handles antitrust and trade regulation disputes involving the interplay between IP rights and the antitrust laws. Significant examples of his successes in these areas include American Medical Transport v. Curtis-Universal, Inc., 154 Wis. 2d 135, 1990-1 T.C. ¶ 68, 962 (Wis. 1990) and JPM, Inc. v. John Deere Indus. Equip. Co., 934 F.Supp. 1043, aff’d 94 F.3d 270 (7th Cir. 1996). These two cases created new law under the Wisconsin “Little Sherman Act” and Fair Dealership Law, respectively.