Peter A. Gergely

Partner
Denver
1801 California St., Suite 3300
Denver, CO 80202
D: 303.357.1646
Contact My Assistant
Courtney M. Estell
D: 303.357.1246

Education

University of Denver College of Law
   J.D., 1994
   Order of St. Ives
   Law Review

Bowdoin College
   A.B. Biochemistry and Environmental Studies (coordinate major), 1989

Bar and Court Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Texas
Colorado State Bar
Massachusetts State Bar

Professional Affiliations

Colorado American Intellectual Property Inns of Court
   Board Member
Intellectual Property Owners Association
    Green Technology Innovation Committee
    Damages & Injunctions Committee

Colorado Bar Association
    Intellectual Property Section, Patent Litigation Committee
Denver Bar Association
 

Awards & Recognition

Selected for inclusion in The Best Lawyers in America© for Litigation – Patent & IP, 2010-2017
Listed as a Top IP Lawyer in Chambers USA: America's Leading Lawyers for Business, 2010-2015
Selected for inclusion in Colorado Super Lawyers, 2011-2017
Listed in IAM Patent 1000 - The World’s Leading Patent Practitioners, Colorado, 2012-2017
2014 Lawyer of the Year, Litigation – Patent, Denver, by The Best Lawyers in America
IP Stars by Managing IP, 2013-2014
AV peer review rating by Martindale-Hubbell

As a trial attorney, Peter knows that intellectual property enforcement and defense helps clients successfully compete in the marketplace.

Peter focuses on patent, trademark, copyright, trade secret, and commercial litigation as well as contested matters before the U.S. Patent and Trademark Office, including inter partes reviews. He has also successfully advised clients in portfolio analysis and licensing matters. He represents clients in the electronics, software, medical device, pharmaceutical, biotechnology, energy, engineering, water resources, packaging, semiconductor, telecommunications, fashion, and healthcare industries.

Peter also serves as the firm’s Assistant General Counsel and performs pro bono trademark and litigation work for nonprofit organizations. He enjoys outdoor activities, skiing, and spending time with his family.

     

 

Representative Cases

Peter has successfully represented clients in patent, copyright, trademark, trade secret, commercial, and other disputes. The following are some of his representative cases:

Patent

CML&J, LLC v. MillerCoors LLC (D. Conn.) and Emanuele v. MillerCoors LLC and Ball Metal Beverage Container Corp. (D. Colo.).  Successfully defended MillerCoors and Ball from patent infringement claims asserted against Miller Lite® and Miller Genuine Draft®beer cans having the Punch Top™ can end.

W.L. Gore & Associates, Inc. v. Medtronic, Inc. (E.D. Va.). Defended Medtronic from patent infringement claims asserted by competitor against Medtronic stent-grafts. Patent held not infringed. Affirmed on appeal.

SelfLink, LLC v. BRK Brands, Inc. (D. Colo.).  Defended manufacturer of radio-frequency (RF) networked devices from 48 asserted patent infringement claims.  Case dismissed.

City of Aurora, Colorado v. PS Systems, Inc. (D. Colo.).  Enforced patent infringement claims against water storage project.

Brooke Hollow, Inc. d/b/a Gwyneth Shoes v. Antebi Footwear Group, LLC and Paris Hilton (W.D. Wash.).  Enforced 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. Patents held not infringed, invalid, and procured by inequitable conduct.

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

Carefree/Scott Fetzer Company v. Lippert Components, Inc. (D. Colo.). Defended recreational vehicle component manufacturer from trade dress infringement claims.

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.). Enforced trademark and copyright infringement claims against competitor.

Copyright

Sportsman's Warehouse v. LeBlanc v. Fair (D. Colo.).  Defended wildlife artist from copyright infringement claims. Case dismissed on summary judgment.

Trade Secret

Junction Solutions, Inc. v. MBS Dev, Inc. (N.D. Ill & D. Colo.). Represented MBS Dev in three trade secret cases involving 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.  Case dismissed.

Mason Companies, Inc. v. DAZ Systems, Inc. (W.D. Wisc.) and DAZ Systems, Inc. v. Mason Companies, Inc. (American Arbitration Association).  Prosecuted and defended claims arising from ERP software implementation project.

Criminal/Pro Bono

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


MEDIA CENTER

All Media
Press Releases
6/6/17
Merchant & Gould Listed in IAM Patent 1000
Three Merchant & Gould offices and fourteen individuals were recognized in the IAM Patent 1000 list of “the world’s leading patent professionals” for 2017.In its rankings of firms and individuals, IAM Patent 1000 includes Merchant & ...
Press Releases
10/17/16
Merchant & Gould Ranked in IAM Patent 1000
Merchant & Gould's patent practice has been recognized in this year's edition of IAM Patent 1000, a publication by Intellectual Asset Management that lists the world’s leading patent professionals. In its 2016 rankings of firms and individuals, ...
Events
2/10/16
IPR CLE in Boston
Staying Current in Inter Partes Review – Developments, Hot Topics, and What's Next? Since its inception as a provision under the America Invents Act, the inter partes review process has continued to evolve before the Patent Trial and Appeal Board. ...
Events
10/8/15
Inter Partes Review CLE & Networking Reception in Denver
Current Developments in Inter Partes Review CLE & Networking Reception Since its inception as a provision under the America Invents Act (AIA), the inter partes review process has continued to evolve before the Patent Trial and Appeal Board (PTAB). Please ...
Events
9/27/15
Merchant & Gould Partners at Chief IP Council Exchange
Merchant & Gould partners Tom Leach and Peter Gergely will be participating in the 2015 U.S. Chief IP Counsel Exchange in Lost Pines, Texas September 27-29. This event is a focused opportunity to learn from corporate IP counsel what challenges they are ...
Press Releases
8/17/15
Merchant & Gould Attorneys Included in The Best Lawyers in America┬ę 2016
Merchant & Gould announces today that thirteen attorneys have been included in The Best Lawyers in America© 2016. Best Lawyers compiles lists of outstanding attorneys by conducting peer-review surveys in which lawyers confidentially evaluate their ...
Press Releases
7/10/15
Tim Scull and Peter Gergely Ranked as Top IP Lawyers in 2015 Chambers USA
Merchant & Gould, a national intellectual property law firm, is proud to announce that Denver partners Tim Scull and Peter Gergely have been ranked as top intellectual property attorneys in the 2015 edition of Chambers USA: America’s Leading Lawyers ...
Press Releases
10/1/12
Twelve Merchant & Gould Attorneys Named 2013 Best Lawyers in America
Merchant & Gould, an intellectual property law firm, today announced that 12 of the firm’s attorneys are named by their peers in The Best Lawyers in America 2013® (Copyright 2012 by Woodward/White, Inc., of Aiken, SC). Merchant & Gould ...
Press Releases
9/3/12
Two Merchant & Gould Attorneys in Denver Named 2013 Best Lawyers in America
Merchant & Gould, an intellectual property law firm, today announced that Timothy B. Scull and Peter A Gergely have been selected by their peers for inclusion in The Best Lawyers in America 2013®.Mr. Scull is recognized in the fields of copyright law, ...
Press Releases
8/22/11
16 Merchant & Gould Attorneys Named 2011 Super Lawyers
Firm Also Recognizes Nine Rising Stars Merchant & Gould, an intellectual property law firm, today announced that 16 of the firm's attorneys are named Super Lawyers in 2011. The attorneys are recognized for excellence in intellectual property law and ...
Press Releases
8/10/10
Eight Merchant & Gould Attorneys Named 2011 Best Lawyers in America®
Merchant & Gould, an intellectual property law firm, today announced that eight of the firm's attorneys are named by their peers in The Best Lawyers in America 2011®. The attorneys, who represent three regional offices, are recognized for intellectual ...
White Papers
8/1/08
Various Alternatives To Markman Hearings
In the wake of Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), many district courts have held separate pretrial hearings on claim construction issues, seemingly in order to comply with the mandate that judges, rather than juries, should determine ...