How we Win PATENT DISPUTES for Amazon Sellers Facing Suspension
Breaking news with Amazon Sellers’ Lawyer. Winning patent cases on Amazon.com.
Before we get to the huge breaking news, there’s a question online that’s really popular. How many patents does Amazon own? Well, there’s a website called Insights and they report that Amazon owns 24,355 patents around the world. Okay, so enough about Amazon, let’s talk about you, the Amazon seller and how you can mimic us and win patent disputes in Amazon.
Well, Declan is one of our remarkable paralegals. He’s off to law school. I suspect he’s going to go to like Harvard or Yale or Columbia, some top notch school because the guy is just brilliant. He was working on a patent complaint case for one of our sellers. Amazon reached out and in Amazon’s response, they asked for a non-infringement legal analysis. This is really great news because you know what? We gave it to them.
I’m going to discuss with you today, some of the different types of analysis that you need to do when evaluating a patent.
Non-infringement comes in many forms and that’s what you’re trying to show Amazon. There is absolutely no infringement.
So, one type is called an invalidity analysis.
You can win an invalidity analysis or create winning arguments by showing that the patent is invalid because of what’s called prior art, meaning it existed before the patent was filed or you can win by showing a lack of novelty. Meaning, there’s nothing new. The patent should never have been issued. So that’s part of an invalidity analysis.
A second type of analysis is the non-infringement analysis.
When you’re doing that, the lawyer wants to show that your product doesn’t violate the patent. And the way you do that is first reading the patent and finding the limited scope of the patent’s issuance and comparing it to your product.
Number three, unenforceable.
Now, many people don’t know this, but the United States patent and trademark office issues tens of thousands of patents and trademarks that are just unenforceable and invalid because they made a mistake. Our government is, as you might know, not perfect. So the fact that it was issued doesn’t mean that it is enforceable.
And fourth, independent development.
Sometimes you can win one of these cases by showing that your product was developed independently from that other product. It’s a little more robust than that, but that’s the basic gist of it.
So there’s the four different factors that should be in your non-infringement legal analysis; invalidity, non-infringement, unenforceable or independent development of your product.
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