Amazon Patent Infringement Response

Hi ****! To provide you with the best guidance, could you please share whether you have any documentation or communication regarding the alleged patent infringement from Amazon? This information would help in understanding the situation better.

****, it sounds like a potentially serious issue. Here are some steps you can take:
- Review the email and any details regarding the alleged patent infringement.
- Contact Amazon's Seller Support for more information.
- Seek legal advice to understand the specifics of the patent claim and your rights.
Would you like more detailed information on how to address a patent infringement claim?

Hi ****, here’s a draft response you can use to address the patent infringement claim:
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[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
Amazon Services
[Amazon Address]
[City, Postcode]
Subject: Response to Patent Infringement Claim
Dear Amazon Services,
I am writing in response to the notification regarding the alleged patent infringement of my Amazon listings (ASIN: B0CW1ZMFFB). I take such matters seriously and wish to address this issue promptly.
*. Review of Claim: I have reviewed the claim made by Mr. Andreas Fraas concerning the patent infringement. My product is a drinking device for retronasal perception of an aroma substance, which may have some similarities with the patented product.
*. Good Faith Efforts: I am willing to work in good faith to resolve this issue. I have contacted the rights owner as advised and am awaiting their response.
*. Request for Retraction: Should the rights owner agree, I request them to submit a retraction of the complaint directly to Amazon.
*. Supporting Documentation: In the event ofa retraction, I am prepared to provide necessary documentation such as invoices, letters of authorization, or licensing agreements to demonstrate the lawfulness of my products.
*. Request for Extension: Considering the complexity of this matter, I kindly request an extension of the deadline mentioned in the "Action Taken" column to allow sufficient time for resolution.
I appreciate your understanding and assistance in this matter. Please confirm the receipt of this response and any further actions I need to take.
Yours sincerely,
[Your Name]
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Would you like guidance on how to contact the rights owner directly?

Hi ****, here's a draft email you can use to contact the patent owner:
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Subject: Resolution of Patent Infringement Claim
Dear Mr. Andreas Fraas,
I hope this message finds you well. I am reaching out regarding the patent infringement claim you submitted to Amazon concerning my product [ASIN: B0CW1ZMFFB].
I take this matter seriously and would like to resolve it promptly and amicably. I would appreciate the opportunity to discuss this issue further and understand how we can address your concerns.
Could we possibly schedule a call or a meeting to explore potential resolutions? Additionally, if you could provide more detailed information about the specific aspects of my product that you believe infringe on your patent, it would be very helpful.
Thank you for your time and understanding. I look forward to your response.
Best regards,
****
[Your Contact Information]
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Would you like more assistance?

Hi ****, here's the updated draft letter for Amazon:
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[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
Amazon Services
[Amazon Address]
[City, Postcode]
Subject: Response to Patent Infringement Claim
Dear Amazon Services,
I am writing in response to the notification regarding the alleged patent infringement of my Amazon listings (ASIN: B0CW1ZMFFB).
*. Review of Claim: After reviewing the claim by Mr. Andreas Fraas, we believe that our product does not infringe on the mentioned patent. The patent in question, Patent No. EP3897305B1, is a design patent, while the description provided by the rights owner is for a utility patent. Therefore, the claim is not valid. Our product is based on a patent that has already expired, a copy of which is attached.
*. Communication with Rights Owner: We have established communication with Mr. Andreas Fraas and are working towards a mutual understanding to resolve this matter.
*. Request for Extension: In light of our ongoing discussions, we kindly request an extension of the deadlinementioned in the "Action Taken" column to allow sufficient time for resolution.
*. Supporting Evidence: Please find detailed images with descriptions attached below, demonstrating how our product does not infringe on the design patent mentioned above.
We appreciate your understanding and assistance in this matter. Please confirm the receipt of this response and any further actions I need to take.
Yours sincerely,
****
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Would you like more assistance on how to proceed with Amazon or the rights owner?

Hi ****! Here's some general information on UK patent law regarding product differences and infringement:
- A product must not infringe on any claims of an existing patent. Small or superficial changes are typically insufficient.
- Infringement occurs if the new product performs substantially the same function in the same way to achieve the same result as the patented product.
- For example, changing the color or size while keeping the functionality and core design similar would still be considered infringement.
Would you like more detailed information on specific patent laws or cases?

Hi ****! In the UK, to not infringe on a design patent, a product must have significant differences from the protected design. Here are some specifics:
- The overall impression must be different to an informed user.
- Minor changes such as color or size are insufficient.
- Example: If a patented design is for a curved bottle, a different shape (e.g., square) with distinct features (e.g., different cap design) may avoid infringement.
Would you like more information on design patents or examples?

Hi ****! According to UK design law, a product must differ significantly from a registered design to avoid infringement. Here are the specifics:
- Designs Act *: Protects the appearance, shape, configuration, and ornamentation.
- Overall Impression: The new design must create a different overall impression on an informed user (Section 7A).
- Substantial Differences: Small changes like color or size are insufficient. The design must have unique, distinct features.
Example:
- Patented Design: A chair with a specific curved backrest and armrest shape.
- Non-Infringing Design: A chair with a straight backrest and no armrests, altering the core design features.
Would you like more information on specific design patent cases or laws?

Hi ****, here's a draft follow-up email to the patent owner:
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Subject: Follow-up on Patent Infringement Claim
Dear Mr. Andreas Fraas,
I hope this message finds you well. I am writing to follow up on our previous correspondence regarding the patent infringement claim you submitted to Amazon concerning my product (ASIN: B0CW1ZMFFB).
As mentioned earlier, I am eager to resolve this issue amicably. After a detailed review, I believe our product does not infringe on your patent (Patent No. EP3897305B1) as it is based on a design patent, while the description provided appears to be for a utility patent. Additionally, our product is based on a patent that has already expired, a copy of which is attached for your review.
I would appreciate the opportunity to discuss this matter further and explore potential resolutions. Could we schedule a call or a meeting to delve into the specifics? Your cooperation in submitting a retraction to Amazon would also be invaluable.
Thank you for your time and understanding. I look forward to your response.
Best regards,
****
[Your Contact Information]
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Would you like more assistance on how to proceed with Amazon or any other aspect ofyour situation?