Our product was first listed in 2021, while the competitor filed the patent in 2023. They have now filed an infringement claim against our new ASIN (launched in 2024), which is only a different color variant of the original product. Since our product was publicly available well before the patent was filed, the infringement claim is invalid.

At the same time, there are numerous sellers on the market offering products identical to the patented design, most of whom have been selling since 2022 or earlier — well before the patent was filed in 2023.

In our appeal letter submitted to Amazon, we included the ASIN and sales order numbers of our product from 2021, and listed other ASINs that feature the exact same design as the patent — all of which were already being sold before the patent was filed, along with their listing dates. Despite providing this evidence, Amazon has still rejected our appeal.

Could you please advise if there are any other options to re-appeal this case, aside from engaging a lawyer (which involves additional costs)?