Brian W. Hayes

Brian W. Hayes

Litigation - Intellectual Property

5.0 (1 reviews)
Minneapolis, Minnesota
26+ years experience
Carlson Caspers
Updated:

Contact Information

Capella Tower, Suite 4200, 225 South Sixth Street, Minneapolis, MN 55402
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Bio

Brian Hayes is a partner at Carlson Caspers who offers successful companies skilled guidance for many complex intellectual property issues. Brian’s expertise includes IP and patent litigation, licensing, monetization, freedom-to-operate, and validity analyses. Brian works with innovative companies in a variety of market sectors relating to medical devices, computer software and hardware, and agricultural businesses. Brian thoroughly understands the business climate of his clients and the importance of safekeeping IP assets. Brian has substantial experience in helping clients avoid litigation through freedom-to-operate and validity analyses. When litigation is necessary, Brian‘s experience includes developing trial strategies for patent infringement, copyright infringement, and trade secret misappropriation. Brian also assists clients in building their patent asset portfolios by conducting due diligence investigations for investments, mergers, acquisitions, and advising clients on patent licensing and sales. Brian worked with a team of Carlson Caspers attorneys from 2009-2020 to repatriate assets in the $190 million Trevor Cook Ponzi scheme, the second-largest fraud in Minnesota history. Carlson Caspers's attorneys were successful in maximizing the recovery of stolen funds for more than 900 investors. Minnesota Super Lawyers named Brian to the Minnesota Super Lawyers® list 2019-2021. He was listed in Rising Stars in 2008 and 2010-2014. Brian has been highlighted/recognized for legal excellence in the 2022 Edition of The Best Lawyers in America. At Carlson Caspers, Brian is co-chairperson of the firm’s recruiting committee and works closely with the firm’s diversity and inclusion committee to recruit top law school graduates who wish to practice intellectual property law in the Twin Cities. Outside of work, Brian enjoys reading, trivia contests, and softball, and once appeared on Jeopardy. Brian Hayes is a partner at Carlson Caspers who offers successful companies skilled guidance for many complex intellectual property issues. Brian’s expertise includes IP and patent litigation, licensing, monetization, freedom-to-operate, and validity analyses. Brian works with innovative companies in a variety of market sectors relating to medical devices, computer software and hardware, and agricultural businesses. Brian thoroughly understands the business climate of his clients and the importance of safekeeping IP assets. Brian has substantial experience in helping clients avoid litigation through freedom-to-operate and validity analyses. When litigation is necessary, Brian‘s experience includes developing trial strategies for patent infringement, copyright infringement, and trade secret misappropriation. Brian also assists clients in building their patent asset portfolios by conducting due diligence investigations for investments, mergers, acquisitions, and advising clients on patent licensing and sales. Brian worked with a team of Carlson Caspers attorneys from 2009-2020 to repatriate assets in the $190 million Trevor Cook Ponzi scheme, the second-largest fraud in Minnesota history. Carlson Caspers's attorneys were successful in maximizing the recovery of stolen funds for more than 900 investors. Minnesota Super Lawyers named Brian to the Minnesota Super Lawyers® list 2019-2021. He was listed in Rising Stars in 2008 and 2010-2014. Brian has been highlighted/recognized for legal excellence in the 2022 Edition of The Best Lawyers in America. At Carlson Caspers, Brian is co-chairperson of the firm’s recruiting committee and works closely with the firm’s diversity and inclusion committee to recruit top law school graduates who wish to practice intellectual property law in the Twin Cities. Outside of work, Brian enjoys reading, trivia contests, and softball, and once appeared on Jeopardy. Brian Hayes is a partner at Carlson Caspers who offers successful companies skilled guidance for many complex intellectual property issues. Brian’s expertise includes IP and patent litigation, licensing, monetization, freedom-to-operate, and validity analyses. Brian works with innovative companies in a variety of market sectors relating to medical devices, computer software and hardware, and agricultural businesses. Brian thoroughly understands the business climate of his clients and the importance of safekeeping IP assets. Brian has substantial experience in helping clients avoid litigation through freedom-to-operate and validity analyses. When litigation is necessary, Brian‘s experience includes developing trial strategies for patent infringement, copyright infringement, and trade secret misappropriation. Brian also assists clients in building their patent asset portfolios by conducting due diligence investigations for investments, mergers, acquisitions, and advising clients on patent licensing and sales. Brian worked with a team of Carlson Caspers attorneys from 2009-2020 to repatriate assets in the $190 million Trevor Cook Ponzi scheme, the second-largest fraud in Minnesota history. Carlson Caspers's attorneys were successful in maximizing the recovery of stolen funds for more than 900 investors. Minnesota Super Lawyers named Brian to the Minnesota Super Lawyers® list 2019-2021. He was listed in Rising Stars in 2008 and 2010-2014. Brian has been highlighted/recognized for legal excellence in the 2022 Edition of The Best Lawyers in America. At Carlson Caspers, Brian is co-chairperson of the firm’s recruiting committee and works closely with the firm’s diversity and inclusion committee to recruit top law school graduates who wish to practice intellectual property law in the Twin Cities. Outside of work, Brian enjoys reading, trivia contests, and softball, and once appeared on Jeopardy.

Practice Areas

Litigation - Intellectual Property

Awards & Recognition

  • Recognized: Litigation - Intellectual Property
  • Practice Area: Litigation - Patent
  • Practice Area: Trade Secrets Law

Recognized in Best Lawyers since 2022

Education

  • Harvard University, J.D., graduated 1999
  • Harvard University, A.B. cum laude, History

Reviews

A

Anna Roberts

2 weeks ago

Indispensable Counsel for Complex IP Litigation

Our company faced a high-stakes patent infringement lawsuit that threatened a core product line. We engaged Brian Hayes based on his reputation and his firm's standing in Minneapolis. From the outset, his 26 years of experience were evident. He possesses a rare combination of deep technical understanding and sharp litigation strategy, which he leveraged to deconstruct the plaintiff's claims. Brian's guidance was not just legally sound but also commercially astute, always aligning his advice with our business objectives. His background from Harvard and recognition in patent and trade secret law were more than just credentials; they translated into a commanding presence in negotiations and court. The matter was resolved favorably, protecting our intellectual property and market position. Brian is the attorney you want in your corner when the stakes are this high.

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