Hey everyone,
I’ve been dealing with a utility patent complaint for the past month. Three variations in a parent ASIN were taken down. We reached out to the rights owner, and they demanded 10% of annual sales as a licensing fee to continue selling.
We hired a US attorney who confirmed the product does not infringe and prepared a formal non-infringement opinion. I submitted it to Amazon.
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First ASIN: rejected immediately. Second attempt, same thing. Third attempt wasn’t rejected instantly — still pending, but the response said Amazon only accepts court orders or retraction from the complainant.
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Other two ASINs: took a month to get a response — both rejected. One of them mentioned “legal opinion from counsel” as part of the rejection reason. We’ve resubmitted.
These are large, high-inventory products. Time is critical — we can’t afford to wait much longer.
Has anyone successfully restored a listing after a utility patent complaint using a non-infringement opinion? Or should I just accept their extortionate terms and settle?
Would really appreciate insights from anyone who’s been through this.
Answers (7)
Here are some appeal email addresses that can work alongside the regular channels:
Don’t spam — but if you’re not getting traction through standard channels, escalate with clear documentation.
Quick note on timelines:
If you’re sure you don’t infringe, APEX or court is the cleaner long-term path. Settlement just encourages patent trolls.
Why is your non-infringement opinion being rejected? A few common reasons:
What helps:
Whether you settle or fight depends on your timeline and goals.
Settlement path:
Fighting path:
No easy answers, but you’re not out of options.
I’ve restored listings with a non-infringement opinion before. A few things that matter:
The attorney’s credentials:
The opinion itself:
If you keep getting rejected with the same document, it won’t suddenly work on the 10th try. You need to improve the document or switch attorneys.