Declaratory Judgment Patent Invalidity Attorney (Amazon Disputes)
Has an Amazon patent complaint led to a product takedown or placed your seller account at risk? When a listing is removed based on an alleged patent infringement, the underlying issue is often not whether your product copied anything—but whether the asserted patent is valid in the first place. We help Amazon sellers evaluate the strength of asserted patents and determine whether challenging patent validity is a viable path to resolving the dispute and restoring listings.
Patent-based Amazon takedowns frequently rely on broad, poorly examined, or outdated patents that may not withstand scrutiny. If a rights owner is using a patent assertion to block competition, a focused invalidity analysis—based on prior art, claim scope, and prosecution history—can shift leverage and create meaningful pressure to resolve the dispute.
Where platform appeals and negotiations alone are insufficient, we counsel on litigation strategies, including filing an intellectual property lawsuit seeking a declaratory judgment of patent invalidity. In appropriate cases, a court determination that an asserted patent is invalid can eliminate the basis for the takedown, support listing reinstatement, and prevent future enforcement against your products.
When patent invalidity may be the right strategy
- Listings removed based on a single asserted utility or design patent
- Overbroad patent claims that appear to cover well-known or long-existing product features
- Prior art concerns suggesting the patented invention was already known or obvious
- Stalled negotiations where the rights owner refuses to retract the complaint
How we help
- Patent triage and validity analysis: review asserted patents, file histories, and available prior art to assess invalidity arguments.
- Amazon dispute alignment: build a record that supports appeals, negotiations, and potential reinstatement discussions.
- Rights-owner engagement: communicate invalidity positions strategically to encourage withdrawal or resolution.
- Declaratory judgment planning: evaluate jurisdiction, timing, and risks of seeking a court ruling on patent invalidity.
- Long-term protection: reduce the likelihood of future patent-based takedowns affecting current or successor products.
Get basic Amazon patent dispute guidance before scheduling a consultation
If you’re still evaluating your options, try our custom (experimental) RAG chatbot for general educational information about patent concepts that often arise in Amazon disputes—such as how patents are evaluated, common invalidity theories, the role of prior art, and how patent disputes can intersect with platform enforcement. The chatbot does not provide Amazon platform-procedure guidance or case-specific legal advice. When you’re ready to discuss your specific situation, risks, and strategy, you can schedule a meeting with Mitchell.
About Mitchell
Mitchell D. West is a litigation attorney with Lowe Graham Jones PLLC, combining expertise in litigation with a deep understanding of Seattle’s startup ecosystem. Mitchell has collaborated with innovative companies in software development, digital assets, decentralized physical infastructure, and legal technology.
Mitchell has represented clients in a range of sophisticated disputes, including trade secret litigation involving silicon-carbon anode technology, patent cases spanning plant varieties to thermoforming products, high-stakes business divorces, and trademark disputes resolved through strategic negotiation. While specializing in litigation, Mitchell also advises emerging technology companies on legal challenges to avoid disputes and ensures they succeed when litigation arises.
As part of his commitment to leveraging technology in legal practice, Mitchell developed Retrieval-Augmented Generation (RAG) chatbots trained on a curated set of legal documents he has developed and relies on in his day-to-day practice.The RAG chatbot is hosted on a hybrid decentralized cloud platform that Mitchell actively contributes to.
Learn more about Mitchell at Lowe Graham Jones PLLC.
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Education:
- J.D., Washington University School of Law (Washington University in St. Louis)
- B.A., Quantitative Economics and Political Science, Indiana University
Bar Admissions:
- U.S. District Courts: Western and Eastern Districts of Washington
- 9th Circuit Court of Appeals
- All Washington State Courts
Memberships:
- Seattle IP Inn of Court
- Seattle Yacht Club
Contact Us
If you have any questions, concerns, or are interested in having a custom RAG chatbot developed for your website, you can reach Mitchell directly by email at west@lowegrahamjones.com or using the form below.