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Non-Infringment Opinions for Amazon Reinstatement

 

How to Remove Infringing Competitor Products

There are multiple ways to take a competitor down through Amazon. The first way is through the conventional complaint option available on Amazon. This is the cheapest option and a good place to start attempting to take down infringing products. But it isn’t easy to achieve, so don’t be surprised if this is unsuccessful even after a few attempts.

What do you do once the generic Amazon complaint doesn’t work? You sign up for Amazon’s APEX program. This is a great and often times cost-effective way to get your average competitor down without much risk.

All situations and alleged infringers are different, so we would need to review the presented facts to find the best solution.  Call us today for a free consultation to strategize your case.

How to Reinstate Product Listings on Amazon

Was your product taken down from Amazon for patent infringement? Don’t panic.

The best courses of action to reinstate product listings on Amazon are:

  1. Obtain a suitable non-infringement opinion from a registered patent attorney for submission to Amazon;
  2. Reach out directly to the seller to see if a resolution can be achieved, or;
  3. Consider invalidating the patent via a number of post-patent issuance procedures at the USPTO.

Options 1 and 2 are likely the most cost effective solutions, but this may only work for a short amount of time if the patent holder decides to initiate an APEX complaint against you on Amazon or sue you directly in court for patent infringement. This can cost hundreds of thousands of dollars to defend, if not more. 

Every situation is different and should be assessed before moving forward. Notable considerations include the seller’s finances and future risk exposure, the patent holder’s size and reputation, cost-effectiveness, and the best and most streamlined chances of success.

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