Have you identified and made any attempt to make direct contact with the other seller that you believe is violating your patent?
A shot across the bow might work, and would also show (in any future proceeding) that you’d already made a good faith effort at resolving. If the other seller ignores you or gives you the stiff-arm after notification, their behavior is then presumed to be willful infringement rather than accidental.
Something along the lines of:
“We have taken notice of your offering under Amazon ASIN nnnnnnnnn. Please be informed that this item is protected under US Patent #nnnnnn, which is owned by us. We have not licensed our product or patent to any third-parties, and are the exclusive manufacturer and distributor. Accordingly, your offering would seem to constitute an infringement on our patented product, as well as our other intellectual property (“IP”) assets. We are contacting you directly both to provide notice of your violations, and to give you an opportunity to cease and desist your infringing activities. Please provide your response to this notice at your earliest convenience, but no later than 48 hours from your receipt of this message. If we receive no response, or no indication of your complying with this request, we will have no alternative but to pursue any and all legal remedies available to us, so as to protect our patents and IP.”
(You should also be in contact with Amazon legal via certified mail, as suggested previously by others.)
Edited by: SCID_Mark on Sep 22, 2017 3:21 PM
