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Mark Rosenberg Quoted in Bloomberg Law Article on How Amazon Judges IP Infringement Claims from Sellers

February 17, 2020

Mark Rosenberg, Intellectual Property partner and co-chair of the firm’s Reputation Management practice, was quoted in the Bloomberg Law article, “Amazon’s Judging of IP Claims Questioned in Seller Lawsuits.” The article discusses Amazon’s policy and process in determining claims of copyright, trademark, design patent and utility patent infringement against third-party marketplace sellers following a recent court complaint by an Amazon seller alleging that Amazon frequently removes products or sellers without reviewing infringement complaints in depth.

In handling IP issues relating to Amazon, Mark explains that he has not recently seen this “quick trigger” in utility patent cases but has seen it in design patent cases. He discusses a case in which he represented a legitimate gray-market bookseller that was banned under the policy and was never able to return to Amazon’s marketplace.

Mark notes that Amazon’s new Patent Neutral Evaluation program is beneficial as “Federal court litigation to get a finding of noninfringement or infringement can take years and $1 million or more. This cost a tiny fraction of that and took 4 months.” He also highlights that the attorney appointed as an evaluator has no relationship to Amazon and that the proceeding isn’t binding; a ruling in the program can’t stop you from also going to court.

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