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© 2012 Dorsey & Whitney LLP

  • Who’s Who In America
  • Who’s Who In American Law
  • Who’s Who In Denver Law; Denver Business Journal
  • Colorado Lawyer Representative to Tenth Circuit Advisory Committee, 1997-2000 (appointed by the active judges of the United States District Court for the District of Colorado)

  • George Washington University Law School (J.D., 1976), with Honors, Law Review
  • University of Florida (M.S., Electrical Engineering, 1973)
  • Case Western Reserve University (B.S., Electrical Engineering, 1968)

  • United States Patent and Trademark Office
  • Colorado
  • United States District Court for the District of Colorado
  • United States Courts of Appeals for the Sixth and Tenth Circuits
  • United States Supreme Court

Steven J. Merker

Partner
Denver
P: (303) 628-1514
F: (303) 629-3450
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Steve Merker is a Partner in Dorsey’s Trial, Regulatory and Technology Group and its Intellectual Property Litigation Group.  His practice focuses on patent litigation and other complex commercial litigation including class action, trade secret, and technology matters.  He has almost thirty years of jury trial experience, representing individuals and corporate clients ranging from start-ups to the largest corporations in the world.  He is admitted to practice before the United States Supreme Court, various Circuit Courts of Appeals and District Courts, and the United States Patent and Trademark Office.

Representative Litigation


Intellectual Property Litigation
  • Represent plaintiff in an action against several defendants alleging that graphics processor chips infringe patents covering microprocessors, parallel processing computers, and related software.
  • Represent defendant in an action in which the plaintiff alleges that several devices infringe a patent covering handheld recording and playback devices which incorporate flash memory.
  • Represented defendant in an action alleging infringement of patent relating to water treatment and purification method and apparatus, and theft of trade secrets.  Patent infringement claims dismissed on motion for summary judgment, jury verdict and judgment in favor of defendant on trade secret claims.
  • Represent plaintiff in an action alleging infringement of a patent relating to various valves, and trade dress infringement.
  • Represent defendant in an action alleging infringement of patent relating to plaque removing toothbrushes.
  • Represented plaintiff in an action for theft of trade secrets involving the manufacture of power thermisters and breach of covenants not to compete; settled after bench trial for relief sought by plaintiff.
  • Represented plaintiff in an action for theft of trade secrets involving the manufacture of insulating panels; settled on favorable terms.
Class Action and Complex Commercial Litigation
  • Represent one of the world’s largest retailers in 60,000 member wage and hour class action alleging that retailer failed to pay hourly employees for off the clock work, breaks and meal periods.
  • Represent defendant retailer in Fair Labor Standards Act opt-in collective action in which 950 salaried pharmacists claim non-exempt status and entitlement to overtime pay.   
  • Represented defendant in 3,000 plaintiff class action seeking recovery of allegedly underpaid royalties on gas production; settled on favorable terms.  
  • Represent retailer in class action in which plaintiffs purport to represent a nationwide class of 9,000 employees seeking compensation for allegedly improper salary docking and unpaid overtime.
  • Represented defendant computer manufacturer in nationwide Title VII class action arising out of downsizings; judgment of dismissal on all claims entered in favor of defendant.
  • Represented defendant in a collective action under the Age Discrimination in Employment Act; jury verdict for defendant against all plaintiffs, affirmed on appeal.

Professional Activities

  • Colorado Bar Association, Intellectual Property Section
  • Colorado Software and Internet Association
  • American Bar Association, Intellectual Property Law Section