Peter A. Gergely

303.357.1646  |  Email  |  vCard  | Biography

Denver Office
1050 Seventeenth Street
Suite 1950
Denver, CO
80265-0100 USA

ph: 303.357.1670
fax: 303.357.1671

Assistant:

Tina Kehoe
tkehoe@merchantgould.com
303.357.1205

Education

Bar Admissions

Professional Affiliations

Honors

Notable Cases

Peter is a trial attorney focusing on complex intellectual property and business disputes including patent, trademark, copyright, trade secret and commercial litigation. He has represented clients in a wide variety of industries, including software, medical device, wireless, semiconductor, telecommunications, accounting, consulting, engineering, energy, packaging, biotechnology, pharmaceutical, and healthcare.

Peter has achieved an AV peer review rating by Martindale-Hubbell.

Education

University of Denver College of Law
J.D., 1994

Bowdoin College
A.B. Biochemistry and Environmental Studies, 1989

Bar Admissions

Colorado, 1994
U.S. District Court for the District of Colorado, 1995
U.S. Court of Appeals for the Tenth Circuit, 1996
U.S. Supreme Court, 2004

Professional Affiliations

Intellectual Property Owners Association
Denver Bar Association
Colorado Bar Association

Honors

The Best Lawyers in America, Intellectual Property Law.

Patent

City of Aurora, Colorado v. PS Systems, Inc. (D. Colo.). Currently prosecuting patent infringement claims on behalf of PS Systems against Aurora's Prairie Waters Project.

Martin Engineering Company (D. Colo.). Co-counsel to Martin in defense of patent infringement claims directed to industrial dust control systems.

Timeline, Inc. v. Microsoft Corp. (W.D. Wash.). Defended Microsoft against patent infringement and breach of contract claims involving database software.

Constar International, Inc. v. Ball Plastic Container Corp. (W.D. Wis.). Defended Ball against patent infringement claims involving oxygen scavenging polymers for use in beverage containers.

Motorola, Inc. and Freescale Semiconductor, Inc. v. Micron Technology, Inc. (W.D. Tex.). Represented Motorola and Freescale in large case involving numerous patents directed to semiconductor circuitry and processing.

Trademark

Crocs, Inc. v. Inter-Pacific Trading, Inc. (D. Colo.). Defended importer of casual footwear against patent infringement and trade dress claims asserted by Crocs in district court and parallel ITC case.

Copyright

Sportsman's Warehouse v. LeBlanc v. Fair (D. Colo.). Obtained summary judgment for prominent sculptor against copyright infringement claims.

Trade Secret

Junction Solutions, Inc. v. MBS Dev, Inc. (N.D. Ill & D. Colo.). Represented MBS Dev in three trade secret cases regarding customized source code. Defeated motion for temporary restraining order.

Ischemia Technologies, Inc. v. DMI BioSciences, Inc. (District Court, Denver, Colorado). Defended biotechnology company against misappropriation of trade secret claims directed to DMI's biomarker for ischemia. Court denied motion for preliminary injunction in extensive opinion entered in DMI's favor after week-long hearing.

Commercial

Grynberg v. Ernst & Young LLP (D. Wyo.). Obtained dismissal of False Claims Act case alleging that auditor should have detected energy clients' alleged underreporting of gas royalties to federal government.

Criminal/Pro Bono

U.S. v. Petersen (D. Colo.). Obtained acquittal of individual charged with illegal possession of a firearm.