APEX (Amazon Patent Express Program) and False Patent Infringement Claims

I am reposting this because the original thread was locked and I cannot respond.

@Josh_Amazon you responded and asked follow up questions. This issue is still going on. It has been 5 months. I have opened multiple seller support case ID on this issue trying to get answers but to no avail. I have contacted account Health too many times and no one can help me. Here is the original Complaint ID: 16509328131 from the first policy violation I received. ASIN: B0DB9Q5GDJ.

These questions are still relevant and will help me greatly if you can answer them.

[Original Message]

Is there a way to tell if the patent infringement violation that was filed against me was through APEX? The patent owner is claiming that it is through APEX and they have an APEX ID. I know there is the normal APEX process where the owner files and both sides put up $4,000. But I received no notification from APEX to enter into this process and I have not been asked to put up $4,000. I only received a policy violation warning from Amazon.

1. Can I confirm whether the complaint against me went through the APEX process, even if I didn’t receive a notification or was not asked to contribute $4,000?

The patent owner is claiming they have no power to retract the complaint. I have seen in a couple of articles that mention that if a patent owner won a case through APEX before and was issued an APEX ID, then they can use that to remove infringing products without the need for an additional APEX evaluation.

2. Is it possible for a patent owner to use a previously issued APEX ID to remove my product without going through a full evaluation for my specific case?

The patent owner is simply no longer responding even though I have a patent attorney who wrote a letter of non-infringement, and I’ve contacted two other patent attorneys who state the patent owner’s case is indefensible.

3. If my listing was taken down without a proper evaluation and solely based on the patent owner having an APEX ID, how can I get someone from Amazon’s internal team to review my case thoroughly to verify non-infringement?

I keep calling support, and they say my case is still under review, but they can’t provide a timeline. It has been over two months, and there is no indication in my account that my case is still being reviewed. It says my appeal evaluation is complete, and my letter of non-infringement was denied.

4. How can I escalate this case to ensure it is reviewed by a human (ideally someone with expertise in patent law) instead of relying on Amazon’s automated systems?

5. Are there specific steps or contacts within Amazon’s legal team that I can pursue to ensure transparency and a fair review of my case?

I feel like Amazon’s inability to provide me with any information is forcing me to my only option at this point which is to sue the patent owner, but that is a costly and complex process. The simplest solution would be for Amazon’s internal team to actually look at my case.