Brian W. Hayes


Phone: (612) 436-9613

Brian W. Hayes
Rated by Super Lawyers

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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 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 works with innovative companies in a variety of market sectors relating to medical devices, computer software and hardware, and agricultural businesses.

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 attorneys were successful in maximizing the recovery of stolen funds for more than 900 investors.

“Minnesota Super Lawyers has named Brian to the Minnesota Super Lawyers® list for 2019 through 2023. 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.


Harvard Law School

Harvard College
A.B., cum laude, History


Minnesota Supreme Court
U.S. District Court for the District of Minnesota
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Eighth Circuit