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Abstract
The first tool is an electronic form that can be completed and submitted online.1 Amazon will typically remove an accused product without further inquiry based on the submission of such a form,2 leaving it to the rights holder and the accused infringer to resolve the dispute between themselves.3 This tool is particularly effective when coupled with a court order finding infringement of the asserted patent,4 or with an infringement finding issued under Amazon's second Brand Registry reporting tool, the Amazon Patent Evaluation Express (APEX) Program.5 THE APEX PROGRAM The APEX Program is ex parte and enlists the guidance of a neutral evaluator to remove Amazon from the process. Otherwise, the rights holder is allotted 20 total pages of briefing, which it may divide between an initial brief and reply brief, while each accused infringer is allotted 15 total pages for a single responsive brief12 A neutral patent attorney then considers the parties' briefing and renders a decision, typically within 14-16 weeks from when the infringement was initially reported to Amazon.13 INVALIDITY Notably invalidity is not a defense available under the APEX Program unless a district court, the International Trade Commission (ITC), or the U.S. Patent and Trademark Office (PTO) has found the asserted patent invalid.14 Also notable is that the neutral evaluator's infringement ruling can be used like a court order at Amazon. Tommy Martin, special counsel in the Washington, D.C., office of Baker Botts LLP., centers his practice around complex patent and trade secret litigation before the International Trade Commission, U.S district courts, and the U.S. Court of Appeals for the Federal Circuit.