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 patent, trademark, copyright, trade secret and commercial litigation. He represents clients in the software, medical device, handheld device, pharmaceutical, biotechnology, energy, engineering, water resources, packaging, semiconductor, telecommunications, accounting,  consulting, fashion, and healthcare industries.

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 
U.S. Court of Appeals for the Federal Circuit, 2009

Professional Affiliations

Intellectual Property Owners Association (Damages & Injunctions Committee, 2009; Green Technology Innovation Committee, 2010)
Denver Bar Association
Colorado Bar Association (Intellectual Property Section, Patent Litigation Committee)
Federal Circuit Bar Association

Honors

The Best Lawyers in America, Intellectual Property Law, 2010 to present
Chambers USA, Intellectual Property, 2010 to present

Brooke Hollow, Inc. d/b/a Gwyneth Shoes v. Antebi Footwear Group, LLC and Paris Hilton (W.D. Wash.). Prosecuted patent and trademark infringement claims involving shoe design and logo.

Martin Engineering Company (D. Colo.). Defended Martin from patent infringement claims directed to industrial dust control systems.

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

Constar International, Inc. v. Ball Plastic Container Corp. (W.D. Wis.). Defended Ball from 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 from patent infringement and trade dress claims in district court and International Trade Commission cases.

Gennie Shifter, LLC v. Lokar, Inc. (D. Colo.). Prosecuted trademark and copyright infringement claims against competitor.

Copyright

Sportsman's Warehouse v. LeBlanc v. Fair (D. Colo.). Defended wildlife artist from 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 Microsoft Dynamics AX source code. Defeated motion for temporary restraining order.

Ischemia Technologies, Inc. v. DMI BioSciences, Inc. (District Court, Denver, Colorado). Defended biotechnology company from misappropriation of trade secret claims directed to biomarker for ischemia. Defeated motion for preliminary injunction after week-long trial.

Commercial

Grynberg v. Ernst & Young LLP (D. Wyo.). Defended auditor from False Claims Act allegations that it should have detected 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.