Dear @Seller_5c9h3fsBYHMhx,

Seller_5c9h3fsBYHMhx

I am a new amazon seller, I was only actively selling my product for 2 weeks before my listing was removed due to a design patent complaint placed on my listing.

I am extremely upset with Amazon's lack of due diligence in evaluating my appeal. I have provided a strong defense proving that my product does not infringe on the asserted design patent due to its invalidity and lack of novelty. This is causing great stress for genuine sellers trying to grow their brand. It seems unreasonable that a product, which has been selling on Amazon since March 2021, is being challenged by a patent filed in August 2024, and yet this patent is not deemed invalid. Even with clear examples of different ASINs that invalidate the asserted patent based on prior art, which are still actively selling on Amazon to this day, Amazon has rejected my opinion of non-infringement, despite submitting a statement from my patent attorney. I am requesting urgent assistance and a reevaluation of my case.

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Thank you for reaching out regarding your design patent complaint situation. We understand the significant impact this has on your business, especially as a new seller who was only able to list for two weeks before encountering this challenge. Your frustration with the appeal process and desire to defend your product's legitimacy is completely understandable.

Let's address your specific concerns about the patent filed in August 2024 and the existing ASINs you've identified as prior art. While these are important points you've raised, Amazon must follow specific legal requirements when handling intellectual property disputes.

To successfully resolve this situation, we need to ensure your defense includes one or more of the following required documentation:

1. A retraction statement sent directly to Amazon from the rights owner
2. An invoice issued directly from the rights owner
3. A court order that explicitly demonstrates either:

• Your product does not infringe on the patent, or
• The asserted patent is invalid or unenforceable

Even with a patent attorney's statement, we must receive one of these specific documents to reinstate your listing. While we appreciate the prior art examples and attorney opinion you've provided, these alone don't meet our legal requirements for reinstatement.

For comprehensive information about our intellectual property policies and procedures, please review our Intellectual Property Policy for Sellers. This resource provides detailed guidance on handling IP disputes and the specific documentation required for different situations.

The Amazon Seller Community and I remain available to provide any additional clarification you may need. We recognize how challenging these situations can be and want to ensure you have the correct information to move forward effectively.

Best regards,

-Roxy