Jawzrsize is a manufacturer of unique athletic gear that helps individuals improve the strength and appearance of their jawline. After significant success selling their products directly through www.jawzrsize.com and through online marketplaces such as Amazon.com, several foreign manufacturers started offering “knock off” products on Amazon.com that infringed patents that Brient IP had obtained for Jawzrsize. Jawzrsize requested assistance in having listings for these “knock off” products removed from Amazon.com.
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.
In our case, the neutral patent professional agreed that the competing product infringed Jawzrsize’s patent, took down the listing for the infringing product, and returned our client’s processing fee. Jawzrsize was then able to use this holding to have other, similar products taken down without an additional hearing.