Patent complaint defense

Received an Amazon APEX Notice? Flat-Fee Patent Evaluation Defense

Amazon Patent Evaluation Express (APEX) lets a utility patent owner ask a neutral evaluator to decide whether your listings infringe. If you do nothing before the deadline in the notice, the listings come down. We help you decide quickly whether to participate, settle, or take a different path — and build the non-infringement case if you participate.

Send your APEX notice All e-commerce IP fees

ZYL Law Firm defends cross-border sellers in Amazon APEX patent evaluations for flat professional fees: $500 for an initial evaluation, $1,500 for a non-infringement claim chart, or $3,000 for full representation, with earlier tiers credited. APEX applies only to U.S. utility patents. Each participating party posts a $5,000 deposit, which is returned to the prevailing party. The evaluator decides infringement only; invalidity arguments are generally not considered unless a court or the USPTO has already held the claim invalid or unenforceable.

Claim analysis by Xinyu Zhang, Ph.D., USPTO Reg. No. 83,930 · legal review by Yaling Zhou, Attorney (CT, NY) · Rules reviewed:

APEX in brief

  • Who starts itA patent owner who asserts a U.S. utility patent against specific ASINs.
  • Who decidesA neutral third-party evaluator, not Amazon and not a court.
  • What is decidedWhether the accused products likely infringe the asserted claim. Validity is generally out of scope, except where a court or the USPTO has already found the claim invalid or unenforceable.
  • What it costsEach participating party posts a $5,000 deposit. The prevailing party's deposit is returned; the other covers the evaluator. Our professional fees are separate.
  • What happens if you loseThe accused listings are removed from Amazon. APEX does not award damages and is not a court judgment.
  • What happens if you do nothingIf you do not respond by the deadline in the notice, Amazon removes the listings.

Your options after an APEX notice

ParticipateBest when you have a clear non-infringement position on the asserted claim — a missing element, a different structure, or a narrower claim meaning.
Resolve with the patent ownerA license, a design change, or a sell-off period may cost less than the deposit and protect the ASIN.
Design aroundIf the claim reads on the product, changing the feature that meets the claim can let you relist. See patent design-around.
Take it to courtWhere invalidity is your strongest defense, APEX is the wrong forum. A court action can address validity; it costs far more and needs litigation counsel.

How we handle an APEX matter

  1. Initial evaluation — $500Patent status and term, the asserted claim, the accused ASINs, and your product features. Written recommendation on whether to participate.
  2. Claim chart — $1,500Element-by-element comparison of the claim against the product, with photos, drawings, and specifications as evidence.
  3. Full representation — $3,000We prepare and submit the evaluation papers, respond to the patent owner's arguments, and follow the matter to decision.
  4. After the decisionRelisting steps if you prevail; design-around or settlement options if you do not.

What to send us

The APEX noticeThe full email from Amazon, including the patent number, asserted claim, ASINs, and response deadline.
Product evidencePhotos, drawings, specifications, bill of materials, and the production version sold under each ASIN.
HistoryWhen you began selling, prior complaints, and any contact with the patent owner.

Fees

ServiceProfessional feeIncludesNot included
Infringement notice triage
Copyright, trademark, or patent complaint on any marketplace		$250One notice (up to 3 ASINs or listings); rights and ownership check; written memo with next steps within 2 business days. Credited in full if you engage us within 14 days.Formal response documents
Amazon APEX · initial evaluation$500Patent status, asserted claim, accused ASINs, and product features reviewed; recommendation on whether to participate.APEX deposit ($5,000 per party)
Amazon APEX · non-infringement claim chart$1,500Element-by-element claim comparison, non-infringement arguments, and evidence package. Initial evaluation fee credited.APEX deposit ($5,000 per party)
Amazon APEX · full representation$3,000Preparation of the evaluation submissions, written briefing, procedural follow-up, and communications. Earlier tiers credited.APEX deposit ($5,000 per party)
Patent complaint written response
Including design patents		From $800Patent status check; claim or design comparison; written non-infringement statement.Invalidity search (quoted separately)
Pre-launch patent risk screeningScreening $800; targeted analysis $1,800; FTO opinion from $3,500Search, screening, and claim comparison within a defined product and technology scope.Design-around work

The $5,000 APEX deposit is paid to the program, not to ZYL Law. Confirm the current amount in your notice.

Frequently asked questions

How much is the Amazon APEX deposit?

Each participating party posts $5,000. The prevailing party's deposit is returned. Our professional fees are separate.

Does APEX apply to design patents?

No. APEX covers U.S. utility patents only. Design patent complaints follow Amazon's ordinary patent infringement reporting process.

Can I argue the patent is invalid in APEX?

Generally no. The evaluator decides infringement. Invalidity is considered only where a court or the USPTO has already held the claim invalid or unenforceable.

What happens if I ignore the APEX notice?

If you do not respond by the deadline stated in the notice, Amazon removes the accused listings.

If I lose, do I owe the patent owner damages?

No. APEX only determines whether the listings stay on Amazon. It does not award damages, but the patent owner could still sue separately.

Who works on my APEX matter?

Technical claim analysis is led by Xinyu Zhang, Ph.D., a USPTO-registered patent agent. Legal positions and submissions are reviewed by attorney Yaling Zhou.

Primary sources

Platform rules, deposits, and fees change; confirm against your notice and the current platform rules before acting.

Attorney Advertising. This page is general information, not legal advice, and does not create an attorney–client relationship. Listed amounts are professional fees only and exclude government fees, APEX deposits, court costs, and other third-party charges; the written quote controls. No lawyer can guarantee how a platform, evaluator, or court will decide, and prior results do not guarantee a similar outcome. Engagement is subject to a conflict check. Federal court matters are handled by counsel admitted to the relevant court, with local counsel where required.

Send the APEX notice before the deadline

Forward the full APEX email, the affected ASINs, and product photos or drawings to patent@zyllaw.com. We confirm the conflict check and quote the initial evaluation before any work begins.

Start intake Email patent@zyllaw.com

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