The Solution

Our team helped Jawzrsize instigate an action under the Amazon Neutral Evaluation program. Under that program, a patent owner identifies an infringing product on Amazon’s website and pays a fee for a netural patent professional to determine whether the product infringes the patent owner’s patent.  The company offering the competing product is then given an invitation to pay a fee to defend the allegation of infringement.  If they don’t accept the invitation, the listing from their product is removed from Amazon.com.  If they do accept the invitation and pay the fee, the neutral patent professional considers arguments from both sides and determines whether the competing product infringes the patent at issue.  If so, Amazon removes the product listing from Amazon.com and returns the patent owner’s previously paid fee to the patent owner.  On the other hand, if the neutral patent professional determines that no infringement exists, Amazon returns the competing company’s fee and doesn’t take down the listing for the competing product.