Patent infringement claims can derail an FBA business quickly, and repeated claims from different accusers — even after a successful appeal — add complexity and uncertainty. This post covers a real scenario: a seller with an actual patent on their product faced removal, won an appeal, and then faced a second claim from a different party using a different patent number. Understanding your options when this happens is critical to protecting your listing and account.
The Scenario: Removal → Appeal Win → New Claim
- First claim: Product removed for alleged patent infringement; seller submitted an appeal backed by legal counsel
- Appeal outcome: Approved after ~1.5 months; product reinstated
- Second claim: Same product, new claim from a different company, citing a different patent number
- Current status: Listing still live, but uncertainty about next steps
Key Considerations When Facing Recurring Claims
- Each claim is independent. A second patent number from a second accuser is a separate legal assertion, not an escalation of the first. You’ll likely need to respond to each claim individually.
- You cannot file APEX claims as the accused party. APEX (Amazon’s Procedurally Expedited XReview) is for brand/IP owners filing against infringers, not for defending against claims. Your remedy is to submit appeals with supporting legal documentation.
- Document everything. Keep records of all claim emails, patent numbers cited, your legal counsel’s responses, and timestamps. This creates a clear trail if patterns emerge or if you need to escalate to Amazon Seller Performance.
- Consider a broader IP review. If you’re being hit repeatedly on the same product, consult with a patent attorney to understand whether your product truly clears the cited patents, or whether design modifications might be necessary.
- Removal of accuser’s products is notable but not your defense. If the company making the claim had their own listings removed, it may indicate Amazon’s investigation found merit on both sides — but it doesn’t automatically invalidate their claim against you.
Next Steps
- Have your legal counsel review the second patent number immediately and compare it to the first claim.
- Prepare a detailed appeal response addressing the specific second patent — do not rely on your first appeal’s language.
- If claims become habitual from different parties, consider whether a product redesign, utility patent of your own on novel features, or clearance letter from a patent attorney would strengthen your defensibility.
- Monitor your Seller Performance notifications closely for any account-level warnings.
How Squatio helps
While Squatio does not provide legal guidance, Prospect (Product Database) and Cortex (AI niche & category analysis) can help you research competing products in your category and understand the competitive landscape before you launch a redesigned or modified version. Knowing what similar products are live, their listing health, and any patterns in removal or suspension can inform whether your market segment has known IP friction — allowing you to make informed decisions about design and defensibility upfront.
Have you faced repeated IP claims on a single product, or witnessed patterns of claims in your category? What approach did your legal team recommend?
Source: Reddit