Last year we discussed the implications of the Supreme Court’s choice not to review the Federal Circuit’s SnapRays decision for patent owners that rely on the Amazon Patent Evaluation Express (“APEX”) program. A recent case out of the Northern District of California illustrates the limits of the SnapRays decision.
As we highlighted, the APEX program offers a streamlined (and less expensive) way for utility patent owners to remove infringing product listings on Amazon.com. Using the program, however, opens the door for the accused seller to file a declaratory judgment action in district court. Which district court a seller can file in was…
