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David R. Cross quoted in article “Astec Rock Crushers Patent Claims Invalid, Judge Rules”


Metso and Astec filed motions for summary judgment in July and August, respectively. Metso argued that the three asserted patent claims were invalid as obvious and anticipated, while Astec made the case that the patent claims were valid and that Metso had infringed them.

Judge Adelman on Tuesday also entered a judgment dismissing Astec's counterclaims, which contained the company's patent infringement allegations against Metso.

David Cross of Quarles & Brady LLP, who represented Metso, said Wednesday that the ruling was an important one for the company and for others facing patent allegations.

“This is an important victory for Metso, and it also shows a situation where the system worked,” said Cross, who stressed that his statement represented his own opinion, not Metso's.

Originally published in Law360, December 6, 2012