Peter A. Gergely | Attorney

Peter is a trial attorney focusing on complex intellectual property and business disputes including patent, trademark, copyright, trade secret, commercial, securities, accounting and franchise litigation. He has represented clients in a wide variety of industries, including software, wireless, semiconductor, telecommunications, accounting, consulting, energy, packaging, biotechnology, pharmaceutical, and healthcare. Peter also has a firm commitment to pro bono work, having won a federal jury trial for an individual wrongfully charged with violations of federal firearms laws.

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

Notable Cases

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

Constar International, Inc. v. Ball Plastic Container Corp. (W.D. Wis.). Defended Ball against patent infringement claims directed to its plastic beverage bottles allegedly containing oxygen scavenging polymers. Case settled favorably.

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. Case settled favorably.

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. Cases settled favorably.

Copyright
Sportsman's Warehouse v. LeBlanc v. Fair (D. Colo.). Currently defending prominent sculptor against copyright infringement claims.

Trade Secret
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. Case settled favorably after 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 Rule 12(b)(6) 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 by jury verdict for individual wrongfully charged with possession of firearms, notwithstanding that client allegedly confessed verbally and in writing and that charges carried 89% conviction rate in prior cases.

Speaking Engagements

"Drafting Mistakes Litigators Love," 4th Annual Rocky Mountain Intellectual Property and Technology Institute, 2006.