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Listing shut down due to patent infringement, rejected appeals even with a court order of non-infringement
A competitor has filed a patent claim against my listing and my listing was shut down by Amazon. I was informed the competitor used an injunction court order with another company regarding trade secrets (not patent infringement) to file this claim with Amazon. Such court order has nothing to do with my company and is also not a patent complaint
I fought this competitor in court for over 2 years and on February 2nd 2024 he dropped the case completely. I have a court order the case was dropped. I have no lawsuits or pending patent issues with this competitor
I have been appealing with Amazon for over 12 days and I have received zero help from anyone even after (no joke) over 100 phone calls to account health and seller support
The appeal has been rejected and when it was escalated to the legal team it was rejected
I received a copy paste message that I need a court order...... I sent a court order countless times
When I ask Amazon for additional information they said they will not provide information
I'm begging for help/escalation here from a mod if that is possible, this has been an absolute nightmare and we have no idea what to do now as my business is getting completely destroyed. I am getting my lawyer to prepare a a letter of non-infringement, Amazon said this is another form of appeal. I just don't know if this will help because I already sent a court order that was denied
If anyone has experienced this in the past or has any suggestions please let me know
Also I've been a serious FBA seller since 2017. Never experienced anything like this before even though I deal with Amazon headaches/nightmares all the time
Complaint ID: 14910828661
14 replies
Emet_Amazon
Hello @Seller_WZTNXiwblCudf,
Thank you for posting your concerns with a patent infringement.
A competitor has filed a patent claim against my listing and my listing was shut down by Amazon. I was informed the competitor used an injunction court order with another company regarding trade secrets (not patent infringement) to file this claim with Amazon. Such court order has nothing to do with my company and is also not a patent complaint
I fought this competitor in court for over 2 years and on February 2nd 2024 he dropped the case completely. I have a court order the case was dropped. I have no lawsuits or pending patent issues with this competitor
I have been appealing with Amazon for over 12 days and I have received zero help from anyone even after (no joke) over 100 phone calls to account health and seller support
The appeal has been rejected and when it was escalated to the legal team it was rejected
I received a copy paste message that I need a court order...... I sent a court order countless times
I appreciate you providing all this information, typically in this scenario you will need to resolve this issue externally with your legal council and provide updated documentation or information of non-infringement.
Per the intellectual property policy for sellers help page, we will ask that you initially provide documentation, but if not acceptable or available, you need to work with your legal council they should be able to advise on next steps in the process to show proof of compliance.
Here's our section on patents from the help page:
Reply to the notification you received, with specific reasons as to why you believe a mistake was made. You may also provide a court order demonstrating that your product is non-infringing or that the asserted patent is invalid or unenforceable.
As patents are a legal mater, thus these reviews and reasons are extremely confidential, so additional information may not be provided.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
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