David R. Cross featured in article “Q&A With Quarles & Brady’s Dave Cross”Law360 03/15/13
David R. Cross is a partner in Quarles & Brady LLP's Milwaukee office. He prosecutes and defends intellectual property and other technology cases before juries and judges in federal and state courts. He also has experience prosecuting and defending trademark and unfair competition cases before the Trademark Trial and Appeal Board and in state and federal courts.
Q: What is the most challenging case you have worked on and what made it challenging?
A: Metso v. FLSmidth-Excel [was the most challenging case]. I headed a team of dozens of Q&B lawyers, who represent Metso Minerals, in this case against its competitor FLSmidth-Excel in the most physically and intellectually demanding case I ever handled. The issues ranged from patent to trademark to trade secret to computer anti-hacking laws, many of which overlapped, and some of which appeared to conflict. There were also elements of criminal law, including one defendant who took the fifth.
Discovery in the case was extensive, including over 100 depositions of witnesses from around the world. Our hard work paid off, resulting in several important decisions in our favor during the case, e.g. Metso v. FLSmidth, 733 F. Supp.2d 969 and 990 (E.D. Wis. 2010) and a final settlement payment to Metso of $25 million.
Originally published in Law360, March 15, 2013