411 East Wisconsin Avenue
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.
Representative Cases:Metso Minerals Industries, Inc. v. Astec Industries, et al.
(E.D. Wis.) (patent case involving the design of high performance conical rock crushers.); Metso Minerals Industries, Inc. v. FLSmidth-Excel, et al.
(patent, trademark and trade secret case involving high performance mining equipment); AFT v. J&L Fiber Services
(N.D.N.Y.) (patent case involving paper making equipment); Standard Process v. Banks
(E.D. Wis.) (trademark and tortious interference case involving internet sales of dietary supplements); Standard Process v. Total Health
(E.D. Wis.) (trademark and tortious interference case involving internet sales of dietary supplements); Kelley Co. v. Rite-Hite Corp.
(E.D. Wis.) (Lanham Act claim between competitors in the dock leveling industry); Duchow Marine v. Skipper Bud's
(Mil. Co. Cir. Crt.) (false advertising and trade defamation claim between boat dealers); Briggs, Inc. v. Martlet Importing Co., Inc.
, (D. Me. and 1st Cir.) (trade regulation case involving beer distribution); California Raisin Advisory Board v. Kupper
(E.D. Wis.) (copyright case involving the Dancing Raisins television advertisements); Crown Equipment Corporation v. Raymond Corporation
, (N.D. Ohio) (patent case involving computerized controllers for fork lift trucks); Envirex Inc. v. K.H. Schussler fur Umwelttechnik GMBH
, (E.D. Wis.) (patent case involving water purification devices); Genroco International, Inc. v. Avnet, Inc.
, (E.D. Wis.) (business tort and UCC case involving computer software and hardware); Habasit Belting Incorporated v. Rexnord Industries, Inc.
, (D. Dela.) (patent case involving material handling equipment); Harvard v. Pharmacia
, (D.N.J.) (patent case involving DNA sequencing techniques); Jordan Sage v. Marvin Lee Aday, a/k/a Meat Loaf
, (E.D. Wis.) (copyright case involving song lyrics); MGE UPS Systems, Inc. v. JT Packard, et al.
, (D. Tenn.) (trade secret, copyright and Sherman Act case involving software for uninterrupted power supply equipment); Manpower International Inc. v. Cross Promotions, Pty Ltd.
, (C.D. Cal. and 9th Cir.) (Lanham Act case involving temporary employment services); Miller Brewing Company v. Anheuser-Busch
, (E.D. Wis.) (Lanham Act case involving Great Taste - Less Filling television advertisements); Pfizer v. Apogent
, (D.N.J.) (patent case involving lateral flow immunoassays); Picker v. Mayo Clinic
, (D. Ohio) (patent case involving magnetic resonance imaging devices); Professional Dental Technologies, Inc. v. Alctieholaget Svensk Eldental
, (E.D. Wis.) (patent case involving dental appliances); RHH Foam v. Clayton Corporation
, (E.D. Wis.) (patent case involving foam insulation); Slowiak v. Land O’Lakes, Inc.
, (E.D. Wis. and 7th Cir.) (Sherman Act case involving dairy product distribution); Team Electronics v. Apple Computer, Inc.
, (W.D. Wis.) (trade regulation case involving personal computers); Versa Technologies, Inc. v. Lippert Components, Inc.
, (E.D. Wis.) (patent case involving RV equipment); Wisconsin Pharmacal Co. v. Repello Products, Inc.
, (W.D. Wis.) (Lanham Act case involving insect repellants).
Education and Honors
- University of Chicago Law School (J.D., 1980)
- University of Wisconsin (B.A., 1976)
Phi Beta Kappa
U.S. District Court, Eastern District of Wisconsin, 1981
U.S. District Court, Western District of Wisconsin, 1981
U.S. Court of Appeals, 7th Circuit, 1983
U.S. Court of Appeals, Federal Circuit, 1994
U.S. Court of Appeals, 9th Circuit, 1995
U.S. Court of Appeals, 1st Circuit, 1995
U.S. District Court, Central District of Illinois, 1996
U.S. District Court, Northern District of Illinois, 2001
U.S. District Court, Northern District of Indiana, 2004
U.S. District Court, District of Colorado, 2005
U.S. Court of Appeals, 11th Circuit, 2006
U.S. Court of Appeals, 6th Circuit, 2006
U.S. District Court, Eastern District of Texas, 2008
- Listed in The Best Lawyers in America® (2009-present: Commercial Litigation / Litigation - Antitrust / Litigation - Intellectual Property / Litigation - Patent).
- Recognized as Best Lawyers® 2013 Milwaukee Litigation Law “Lawyer of the Year.”
- Selected for inclusion in the 2008-2010 Wisconsin Super Lawyers® lists (Intellectual Property Litigation).
- Member of the Wisconsin Super Lawyers Blue Ribbon Panel for IP Litigation.
- Honorary Court Commissioner, Milwaukee County Circuit Court.
- Martindale-Hubbell AV® Peer Review Rated.
- Selected as a 2013 Top Rated Lawyer in Technology by American Lawyer Media and Martindale-Hubbell™.
Professional and Civic Activities
Mr. Cross is a member of the State Bar of Wisconsin; the American Bar Association (Member, Litigation Section); the Milwaukee Bar Association; the Bar Association of the Seventh Circuit and the Wisconsin Intellectual Property Law Association.
Chair, Board of Directors of the Intellectual Property Law Section of the Wisconsin Bar Association, 2008.
Mr. Cross’s community service has included: Children’s Outing Association (Director, 1983-1987); The Counseling Center of Milwaukee (Director, 1987-1998; President, 1996-1998); University of Wisconsin Memorial Union Building Foundation (Associate Trustee, 2002-present); North Suburban Special Olympics (Assistant Coach, 2002-present).
Mr. Cross speaks and writes on intellectual property law topics, trade regulation issues and trial practice techniques. His publications and presentations include:
- Quoted, “Fed. Circ. Could Take The Coin Flip Out Of Patent Appeals,” Law360, March 22, 2013.
- Featured, “Q&A With Quarles & Brady's Dave Cross,” Law360, March 15, 2013.
- Quoted, “Federal Circuit: Appeals Board Should Consider Any Argument Supported by Record,” The American Lawyer, January 25, 2013.
- Quoted, “Federal Circuit: Appeals Board Should Consider Any Argument Supported by Record,” The National Law Journal, January 24, 2013.
- Quoted, “Top Court’s Denial Won’t Be Last Word On Claim Construction,” IP Law360, January 8, 2013.
- Quoted, “IP Cases To Watch In 2013,” IP Law360, January 1, 2013.
- Quoted, “Astec Rock Crushers Patent Claims Invalid, Judge Rules,” IP Law360, December 6, 2012.
- Co-presenter (with Nicole Druckrey), “The Problem: Mobile Employees in the Digital Age,” Quarles & Brady Business Law Training, June 16, 2011.
- Quoted, “Patent settlement largest reported outcome,” Wisconsin Law Journal, January 18, 2011.
- Presenter, “Mobile Employees in the Digital Age: A Threat to Company Secrets and Fair Competition,” 2010 Annual Ethics Seminar, November 12, 2010.
- Panelist, “The Efficient Administration of Justice,” 2010 Eastern District of Wisconsin Bar Association Annual Meeting.
- “Patent Lawsuits,” The Medical College of Wisconsin, 2010.
- “The IP Year in Review,” IP Section, 2008 Wisconsin Bar Association Annual Convention.
- “The Attorney/Client Privilege and Willfulness After Seagate,” Milwaukee Bar Association, 2008.
- “IP Law for Government Lawyers,” Wisconsin Bar Association Seminar, 2008.
- "Remedies for Patent Infringement," guest lecturer, Marquette University Law School, 2005.
- “TrafFix Devices, Valu Engineering and the ‘Functionality’ Boundary Between Trade Dress and Patent Law,” Wisconsin Intellectual Property Law Association, 2003.
- “E-commerce and Trademark Law: Old Wine in New Bottles (and Some New Wine Too!),” Business Marketing Association Milwaukee Chapter, 2000.
- “Cheesehead Wars: A Case Study in Enforcing IP Rights,” Quarles & Brady seminar, 1999.
- “Defending the Right to Compete,” Quarles & Brady seminar, 1999.
- “The Race to the Courthouse: Aggressive Strategies for the Potential Defendant,” Quarles & Brady seminar, 1997.
- “Constructive Termination Under the Wisconsin Fair Dealership Law,” Wisconsin Lawyer, July 1997.
- “Distributor Terminations,” Quarles & Brady seminar, 1994.
- “Amended Rules of Civil Procedure,” CPM Seminar Systems presentation, 1993.
- “The Application of the Attorney/Client Privilege and the Work Product Doctrine to Communications with Fiduciaries,” Milwaukee Bar Association presentation, 1992.
- “Representing and Suing the Foreign Defendant in Wisconsin Courts,” CPI Seminar presentation, 1986.