After 24 days, the product links of Amazon US store have been restored to shelves, and the appeal of non infringement defense of US invention patents has been successful!

Recently, products sold by customers on Amazon US have been complained by US patent holders, resulting in the removal of product links. After receiving the case materials, we immediately conducted an in-depth analysis of the US patent holder's patent and predicted that our product did not fall within the scope of the US patent claims and did not infringe on the patent rights of the US patent holder. Therefore, the team quickly organized non infringement defense appeal materials and communicated with Amazon customer service several times. Finally, the Amazon platform determined that our product did not infringe on the patent rights of the rights holder and restored the product sales link.

Figure 1 Claim 1 of the US Patent

Figure 2 Comparison between US Patent and Complaint Product

Firstly, in the event of a complaint and link removal on Amazon, one can choose to contact the rights holder and request them to withdraw the complaint and restore the link by obtaining permission authorization. But in most cases, this method is not effective, and often after sending an email, it will sink into the sea, and this case is no exception. In addition, you can also submit a complaint to the Amazon platform, and if the Amazon platform determines that it does not constitute infringement, you can directly restore the link.

Subsequently, our legal team wrote a detailed non infringement comparative analysis opinion and retrieved similar US precedents to support our viewpoint. Despite Amazon's initial promise to respond within 2-3 business days, the platform has yet to provide a definitive conclusion after a week has passed. Our lawyer directly contacted Amazon customer service personnel, stating the special and urgent nature of the case and hoping to handle it as soon as possible to avoid further losses to our side.

Figure 3 Non infringement comparison appeal opinion section

However, without providing specific reasons, the Amazon platform rejected our first appeal request and still requested us to continue contacting the rights holder. As soon as we received the message, our team contacted Amazon customer service again and reiterated that contacting the rights holder was unsuccessful. From a professional analysis, our product did not fall within the scope of patent protection of the rights holder. We requested that the Amazon platform transfer the appeal opinion to a professional team for review and evaluation, and make a new decision.

After the team's unremitting persistence and efforts, the Amazon platform finally confirmed and determined that our product did not infringe the rights holder's US patent, and immediately restored the product sales link. Throughout the 24 day process, our professional services have prevented losses for our clients and once again demonstrated our expertise and efficient service in the field of intellectual property.

Figure 4: Amazon platform sends email notification to restore product links for listing

In recent years, overseas cross-border e-commerce platform sellers have repeatedly encountered the problem of products being forced to remove links due to infringement of third-party intellectual property rights. Among them, a large proportion of sellers' products do not actually infringe, but due to lack of experience or inability to determine whether they infringe, they can only passively respond. Through this case, our team has demonstrated their full professional ability to provide professional analysis in the face of complex intellectual property disputes, respond quickly and firmly to maximize the rights and interests of customers, and ensure that overseas sellers' legitimate rights and interests on cross-border e-commerce platforms are supported and respected.