Amazon’s Patent Evaluation Express (APEX) has quietly become one of the most consequential—and perilous—patent enforcement venues in the country. Federal lawsuits tied to APEX have surged more than 200% in three years, and a single misstep can turn a routine Amazon takedown into full federal litigation. This client alert, authored by Brand Management & Protection and Intellectual Property Law Practices partner Barry Greenbaum, breaks down the three pressure points that most often determine APEX outcomes before an evaluator ever rules: the single-claim format that makes claim selection make-or-break, the no-validity-challenge rule that allows weak patents to secure takedowns they might not withstand at the USPTO or in federal court, and the growing use of declaratory judgment actions following SnapRays v. Lighting Defense Group. The client alert examines what is driving the surge in APEX-related enforcement and how both patent owners and sellers can navigate the procedural and strategic risks.
Author
Andrew Lustigman
Olshan Frome Wolosky LLP
alustigman@olshanlaw.com
+1 212 451 2258
www.olshanlaw.com
X: @OlshanLaw
