Have you received a notice from Amazon alleging that you are infringing on someone's patent, like the one below?
Amazon's Utility Patent Neutral Evaluation Program is designed as a low cost, out of court, program where both sides present their arguments to a third-party neutral evaluator. Here's how the program works:
The patent owner submits an Amazon Utility Patent Neutral Evaluation Agreement identifying the disputed product. Amazon invites each seller offering the product for sale to participate in the program.
If they agree, each party submits a $4,000 deposit to the evaluator. The evaluator then sets a briefing schedule with the following rules:
|Patent Holder||Opening Brief||21 days from initiation|
|Amazon Seller||Response Brief||14 days from initial brief|
|Patent Holder||Reply Brief (Optional)||7 days from response brief|
|Neutral Evaluator||Decision||14 days after closing of arguments|
If the evaluator finds in favor of the patent holder, the seller's product is removed. If, however, the evaluator determines no infringement, then the seller continues to sell the product. The winning party gets their $4,000 refunded. The evaluator keeps the fee submitted by the losing parties. Although, there is no mechanism to appeal the evaluator's decision, the program does not prohibit any party from initialing legal action in court.
If you are alleged of infringement or believe someone is infringing on your patent, contact us immediately for a free initial consultation.