McAndrews, Held & Malloy Scores Win for Masontops Using Amazon’s Utility Patent Neutral Evaluation Procedure (UPNEP)
McAndrews secured a victory for its client Masontops, Inc. using Amazon’s recently enacted Utility Patent Neutral Evaluation Procedure (UPNEP). After the submission of evidence and briefing, an independent evaluator appointed by Amazon issued a written opinion ruling in favor of Masontops on its claim that United States Patent 10,501,244 was infringed. The opinion also rejected arguments that the patent was invalid. The accused products, which are valved fermentation lids, competed directly with Masontops’s patented products on Amazon.com. As a result of the UPNEP decision, the accused products have been permanently removed from Amazon.com. Per UPNEP rules, the decision is not appealable. This most recent success for Masontops is part of a larger campaign led by the McAndrews team whereby dozens of infringing valved fermentation lids have been removed from Amazon.com.
“McAndrews expertly navigated the UPNEP framework provided by Amazon,” said Michael Bacher, co-founder of Masontops. “Ultimately, we are pleased that the correct decision was reached and the offending products were removed promptly.”