Stop an Amazon Takedown with Declaratory Judgment
When repeated Amazon takedowns are driven by a rights owner (or a competitor using IP complaints as a weapon), internal appeals may not be enough. In some cases, the best way to stop the cycle is to bring the dispute into court—seeking a declaratory judgment that you do not infringe (or that the asserted IP is invalid), and using that ruling to cut off ongoing threats.
Declaratory judgment strategy is fact-dependent. It requires evaluating jurisdiction, the strength of non-infringement and invalidity positions, and the business consequences of escalation. We help clients assess whether a declaratory judgment action is a realistic tool, how it fits with settlement leverage, and how to build a clean record for court while still pursuing marketplace reinstatement where possible.
Use the chatbot to understand declaratory judgment basics and when it may help
If you’re still evaluating options, try our custom (experimental) RAG chatbot for general educational information about declaratory judgment in IP disputes—such as what it means to “clear the cloud” of infringement allegations, how demand letters and takedown conduct can create a justiciable controversy, and how declaratory judgment can interact with Amazon reinstatement, negotiation, and PTAB options in patent disputes. The chatbot provides general information only and does not offer case-specific legal advice.
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.
Or click here for a summary of Representative Cases.
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.