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The article noted that Mark has represented several parties in Amazon’s new Utility Patent Neutral Evaluation program, which seeks to resolve the issue whereby a utility patent owner and accused seller on Amazon can have their case investigated by a neutral third-party evaluator with expertise in law and utility patents. Mark noted that “not only is the current litigation option expensive, there is a high likelihood that the patent owner will file a counterclaim for infringement and damages based on the sales of the accused product.”
Mark noted that not all claims are made in good faith under the current process and “unscrupulous patent owners are aware of the undesirable chain of events that kicks off with a patent infringement assertion, and use this to their advantage by making meritless claims, resulting in the competitor’s product being taken down and no desirable recourse.”