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Mr. Brett Trout

Mr. Brett Trout

  • Intellectual Property, Patents, Trademarks
  • Iowa
Claimed Lawyer ProfileQ&ABlawg Search

Brett J. Trout, P.C. is an AV-rated Midwest law firm, offering its clients the global perspective on Intellectual Property and Information Technology issues. Based in Des Moines, Iowa, Brett J. Trout has serviced clients across Iowa and throughout the country for over a decade.Brett's latest book, CyberLaw: A Legal Arsenal for Online Business, is available now on Mr. Trout offers a free 30 minute new-client consultation.

Practice Areas
Intellectual Property
Patent Appeals, Patent Litigation, Patent Prosecution
Trademark Litigation, Trademark Registration
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
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  • English: Spoken, Written
Professional Experience
Gunderson, Sharp, Trout & Rhein
Senior Patent Attorney
Brown, Winick, Graves, Gross, Baskerville & Schoenebaum, P.L.C.
Shearer, Templer & Pingel
Patent Attorney
Davis, Wine, Brown, Koehn & Shors P.C.,
Grinnell College
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University of Iowa
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Martindale-Hubbell Peer Review ratings
Professional Associations
Iowa Academy of Trial Lawyers
- Current
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Blackstone Inn of Court
- Current
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Iowa State Bar
- Current
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Iowa State Bar Association - Technology Committee
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Iowa Intellectual Property Law Association
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Articles & Publications
The Ethical Lawyer and the Tao of Technology
Creighton Law Review
Cyber Law: A Legal Arsenal For Online Business
World Audience Publishers
The E-Business Legal Arsenal: Practitioner Agreements and Checklists
American Bar Association
A Patient Seeks a Portion of the Biotechnological Patent Profits in : Moore v. Regent's of the University of California
The Journal of Corporation Law
Speaking Engagements
Intellectual Property Law, Iowa Academy of Trial Lawyers 2013 Annual Meeting, Des Moines, IA
The Ethical Lawyer and the Tao of Technology, Creighton Law Review 2015 Symposium - Ethics and Electronics: Navigating Legal Ethics and New Technology, Omaha, NE
Keeping Your Blog Out of Court, BlogWorld Expo, Las Vegas, NV
The Upcoming Onslaught of Online Regulation, 140 Character Conference, Los Angeles, CA
Patent Attorney
United States Patent and Trademark Office
Websites & Blogs
Legal Answers
1 Questions Answered
Q. Regarding US 20160206031 A1, does this mean all magnetic eyelashes would be an infringement?
A: Assuming this patent application issued as a patent with only its existing claim, not all magnetic eyelashes would be an infringement. However, to avoid infringement of a hypothetically issued patent, you would have to examine all of the claims in the patent to make sure you were NOT doing at least one element of every claim. For instance, assume a patent issued with claim 1 reading as follows:

A false eyelash comprised of:

a substrate strip having a first surface and a second surface, said substrate strip having a generally elongated shape and a longitudinal axis, said first surface and said second surface located on opposing sides of said substrate strip;

a plurality of hairs affixed to, and extending from, said substrate strip, said hairs oriented substantially perpendicularly with respect to said longitudinal axis; and

one or more flat metallic elements affixed to said substrate strip.

To avoid infringement, your product would have to NOT have one of those items to avoid infringement. Even if your product eliminates one of the elements, if the element your product does have performs substantially the same function, in substantially the same way, to yield substantially the same result your product may still infringe. You would then repeat the process for every other claim in the hypothetically issued patent.

MOST IMPORTANTLY, determination of what or what does not infringe a patent claim can be an extremely complicated process, involving the analysis of the proceedings before the Patent and Trademark Office and mountains of other patents and documents. DO NOT move forward on the assumption you do not infringe a patent without a formal written legal opinion from a patent attorney well-versed in drafting patent infringement opinions.
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Contact & Map
Brett J. Trout, P.C.
516 Walnut St
Des Moines, IA 50309
Telephone: (515) 280-1939
Fax: (515) 280-7114