We just completed a full APEX proceeding where the patent evaluator found in our favor. This was the third submission in our favor and the first where an infringing seller put up the bond to engage a neutral patent evaluator for the full APEX proceeding. As expected, the evaluator quickly found in our favor. We were elated until Amazon sent us a note stating they were refusing to issue an APEX ID, despite previous statements asserting that the successful outcome of an APEX proceeding would result in the issuance of an APEX ID.

Amazon’s response from back in May, with the relevant portion highlighted for reference. You will see that Amazon’s wording below (from May) has changed from what they said today:

"We do not provide an APEX ID for such patent claims without a full APEX proceeding, meaning a proceeding in which a neutral evaluator makes a decision"

The Amazon's note from today:

"Please note that although the evaluator in Case 15606278071 has decided in your favor, we will not be granting you an APEX ID at this time. This means that to accuse other ASINs of infringing your patent, you will need to initiate a new APEX case.

Whether patent claims are infringed sometimes is not easily observable. In such circumstances, we do not provide an APEX ID for such patent claims even after a full APEX proceeding where a neutral evaluator makes a decision."

Amazon seems to be changing the rules of the game by creating obstacles to remove infringing products. Our claims are clear cut & our IP is easily observable from the accused product's photographs, so their assertion that our claims are not "easily observable" doesn't hold water.

We have spent significant resources on research and development and patent attorneys all for naught. Any guidance on next steps would be appreciated.