Malicious patent infringement
Hi
Another seller complained about a patent infringement on their product, and Amazon immediately suspended my listing.
But I have a patent on my product, provided by my manufacturer.
I have a "letter from a legal counsel" as required by Amazon, showing the evidence that these 2 patents are different and have different patent numbers, and therefore that there is no patent infringement since it's 2 different products.
Amazon constantly rejects these documents without giving any reason, even by phone.
What can I do?
4 replies
Seller_eAGB6DstVa9Dh
Been in the exact same boat. STRONGLY recommend Amazon Sellers Lawyer. I tried on my own for 5 months with constant rejections from Amazon. Once I hired them, my ASIN was back up in less than a week. marisoll @ amazonsellerslawyer.com
Troy_Amazon
Hi @Seller_IkJ7HgNC36RkB,
Thank you for your post. I understand you are dealing with a patent infringement. Based off information you have provided, it seems as though you have chosen to dispute the violation, but have had your appeals rejected so far.
Prior to my reply here, I did learn that your case is currently under a secondary review by one of our internal teams. You will need to let that review be completed prior to taking further action. The review process typically take 3-7 business days, but can take longer. It should be noted we do not guarantee a time frame for the completion of a review.
While the investigation is underway, please consider the following if a new appeal is needed:
From where did this letter originate? Please keep in mind Amazon will verify all documents submitted to determine their validity.
What additional information did you share? In this case, I would recommend a very detailed written explanation showing in very clear terms the fundamental differences between the patent for which the complaint was created and the patent you say that you are selling. I would also recommend screenshots (and any corresponding URLs) of BOTH patent numbers within your dispute to further show the differences between the two items.
You will want to provide answers to these question within your next dispute, should one be needed. While no new submission is required at this time due to the in progress review, you can begin gathering the materials needed in the event a new dispute is required.
While the dispute process is underway, you may also request a retraction from the rights owner. Within the performance notification your received, the rights owner's information would have been given to you. You may contact them directly to request the retraction. It should be noted that any retraction will need to come from the rights owner directly to Amazon.
While waiting for the review to be completed, please continue to monitor both your Account Health and Performance Notification pages for further details as they become available.
Regards,
Troy
