Peter is a trial attorney who leads teams in patent, trademark, copyright, trade secret, and commercial litigation in federal and state courts throughout the United States. He has also successfully represented clients in inter partes review trials before the Patent and Trial Appeal Board. He also advises clients in licensing matters, including managing their enforcement and licensing programs and defending them from non-practicing entities. He represents clients in the electronics, software, medical device, automation, pharmaceutical, biotechnology, energy, engineering, water resources, packaging, semiconductor, telecommunications, fashion, outdoor equipment and clothing, hardware, venture capital, private equity, hospitality, and healthcare industries.

Peter is 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

Patent

Currently defending outdoor clothing retailer from patent infringement claims asserted against breathable material products. All asserted claims held unpatentable in inter partes review. Defending appeal.

Led trial team in three consolidated inter partes review proceedings resulting in invalidation of the two listed Orange Book patents at issue for FDA-approved antifungal drug.

Successfully defended brewer and beverage can manufacturer from patent infringement claims asserted against beer cans.

Defended medical device manufacturer from patent infringement claims asserted by competitor against stent-grafts. Patent held not infringed. Affirmed on appeal.

Defended manufacturer of radio-frequency (RF) networked devices from 48 asserted patent infringement claims. Case dismissed.

Enforced patent and trademark infringement claims involving shoe design and logo against distributor and celebrity promoter.

Defended manufacturer of industrial dust control systems from patent infringement claims. Patents held not infringed, invalid, and procured by inequitable conduct.

Defended software company from patent infringement and breach of license agreement claims involving database software.

Defended manufacturer from patent infringement claims involving oxygen scavenging polymers for use in beverage containers.

Represented semiconductor company in large case involving numerous patents directed to semiconductor circuitry and processing.

Trademark

Represented mortgage company in several trademark litigation enforcement cases.

Defended recreational vehicle component manufacturer from trade dress infringement claims.

Defended importer of casual footwear from patent infringement and trade dress claims in district court and International Trade Commission (ITC) cases.

Enforced trademark and copyright infringement claims against competitor in aftermarket automotive products.

Copyright

Defended wildlife artist from copyright infringement claims. Case dismissed on summary judgment.

Trade Secret

Successfully defended window hardware manufacturer in two-week trial. Plaintiffs claimed $72 million in damages, plus punitive damages. Judgment entered in favor of client on all claims.

Represented software developer in three trade secret cases involving customized Microsoft software. Defeated motion for temporary restraining order.

Defended biotechnology company from misappropriation of trade secret claims directed to biomarker for ischemia. Defeated motion for preliminary injunction after week-long trial.

Commercial

Defended auditor from False Claims Act allegations that it should have detected alleged underreporting of gas royalties to federal government. Case dismissed.

Defended successful bidder on airport concessions contract from antitrust and related claims brought by competitor. Case dismissed and currently on appeal.

Prosecuted and defended claims arising from ERP software implementation project.

Criminal

Obtained jury verdict acquittal of individual charged with felony carrying mandatory five year prison term, notwithstanding 89% conviction rate of United States Attorney’s Office in similar cases and alleged written and verbal confessions of defendant.

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

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
New York State Bar

Professional Affiliations

Colorado American Intellectual Property Inn of Court
Intellectual Property Owners Association
Colorado Bar Association
Denver Bar Association

Awards & Recognition

The Best Lawyers in America© for Litigation – Patent, and Litigation – Intellectual Property, 2010 - 2021
The Best Lawyers in America, Lawyer of the Year, Litigation – Patent, Denver, 2014 & 2019
Chambers USA, Intellectual Property, 2010-present
Colorado Super Lawyers, 2011-present
IAM Patent 1000 - The World’s Leading Patent Practitioners, Colorado, 2012-present
IP Stars by Managing IP, 2013-2019

MEDIA CENTER

All Media

Peter A. Gergely

Practices

Industries