Peter A. Gergely

Partner
New York
767 Third Avenue, 23rd Floor
New York, NY 10017
D: 303.357.1646
Denver
1801 California Street, Suite 3300
Denver, CO 80202
D: 303.357.1646
Contact My Assistant
Julie Harting
D: 212.223.6528

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
Press Releases
8/25/20
MERCHANT & GOULD ATTORNEYS NAMED BEST LAWYERS© 2021
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America© 2021.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially ...
Press Releases
8/12/19
Merchant & Gould Attorneys Named Best Lawyers© 2020
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America© 2020.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially ...
Press Releases
8/15/18
Merchant & Gould Attorneys included in The Best Lawyers in America® 2019
Merchant & Gould, a national intellectual property (IP) law firm, is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2019. Peter Gergely, the managing partner of the New York office, ...
Press Releases
8/15/18
Merchant & Gould Attorney Receives Best Lawyers® 2019 "Lawyer of the Year" Award in Denver
Merchant & Gould, a national intellectual property (IP) law firm, is pleased to announce that Peter A. Gergely, managing partner of the New York office, received Best Lawyers 2019 Patent Law "Lawyer of the Year" Award in Denver.Best ...
Press Releases
7/25/18
Merchant & Gould Announces New Managing Partner of New York Office
Merchant & Gould, a national intellectual property law firm, is pleased to announce that its long-time, Denver-based partner  Peter Gergely is now the managing partner of the firm’s New York office where he will lead its rapid growth and innovation.  ...
Events
5/31/18
Ethics & Elimination of Bias for IP Lawyers Series – Part I
IDS Center 3rd Floor, Conference Center 80 S. 8th Street Minneapolis, MN, 55402Agenda 1:00 p.m. - Registration  1:30 p.m. - Presentations 3:45 p.m. - Panel Discussion 4:45 p.m. - Networking Cocktail ReceptionPresenters Johanna Carrane, ...
Press Releases
1/3/18
Merchant & Gould Successfully Defends AmesburyTruth from $72,000,000 Trade Secrets Claim
Merchant & Gould is pleased to announce that Edina, Minn.-based client Amesbury Group, Inc. won one of Minnesota’s biggest defense cases in 2017, by defeating a misappropriation of trade secrets claim that sought over $72,000,000 in damages in Creative ...
Press Releases
8/15/17
Merchant & Gould Attorneys Named Best Lawyers® 2018
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2018.Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate ...
Press Releases
6/6/17
Merchant & Gould Listed in IAM Patent 1000
Merchant & Gould offices and 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 & Gould in the ...
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, ...
Press Releases
9/22/16
Merchant & Gould Attorneys Named 2017 Best Lawyers®
Merchant & Gould is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2017. Best Lawyers compiles lists of outstanding attorneys by conducting peer-reviewed surveys in which lawyers confidentially evaluate ...
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
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 join us for a complimentary CLE to discuss the current state of inter partes ...
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 © 2016
Merchant & Gould, a national intellectual property (IP) law firm, is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2013. Best Lawyers compiles lists of outstanding attorneys ...
Press Releases
7/10/15
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 partner, Peter Gergely has been ranked as top intellectual property attorneys in the 2015 edition of Chambers USA: America’s Leading Lawyers for Business.   Peter ...
Press Releases
10/1/12
Merchant & Gould Attorneys Named 2013 Best Lawyers in America®
Merchant & Gould, a national intellectual property (IP) law firm, is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2013.  Merchant & Gould Best Lawyers Jack Clifford ...
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 Peter A Gergely has been selected by their peers for inclusion in The Best Lawyers in America 2013®. Mr. Gergely is recognized in the fields of intellectual property ...
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
Merchant & Gould Attorneys Named 2011 Best Lawyers in America®
Merchant & Gould, a national intellectual property (IP) law firm, is pleased to announce that the following attorneys have been included in The Best Lawyers in America® 2011. Denver Peter A. Gergely Minneapolis Allen W. Hinderaker Scott ...
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 ...