Patent Infringement on Amazon: Successful Case Resolution

We understand how unpleasant getting complaints about your product for patent infringement is. It’s even more frustrating to be accused of something you didn’t commit. Amazon’s “nature” is amazing, so it’s important to know how you should behave to avoid accidentally making things worse for your account and sales. Let’s look today at a successful example and strong evidence of innocence in patent cases.

The first thing we had to do was make sure the product being sold was in compliance with Intellectual Property Law. Through Legal Patent research we were able to compare the 2 products and find the distinctions. Next was the email to the patent holder as a mandatory step which is required by Amazon. Usually, the patent holder is reluctant to respond or immediately offer to resolve the issue with money. So we sent an email, but we chose to go a different way.

To appeal, the seller collected the Invoices for his product and An Authorization Letter. 

At this time, we prepared an Ordinary observer test (a survey among the average population about the similarity of two products based on the photo) and a Letter of non-infringement (a more detailed description of the differences between the products and arguments, referring to the legal acts).

When the full package of documents was collected, we wrote the whole situation in the appeal. Not in a PoA form, as PoA is something you write when you admit guilt. The result was rather a letter with explanations and facts, without corrective and preventive measures. 

After several submissions, our case was properly reviewed, and the listing was reinstated.