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Old 08-09-2013, 07:06 PM
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nitewatchman nitewatchman is offline
Join Date: May 2013
Location: Birmingham
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Originally Posted by Majorlk View Post
The can advertise, they can't manufacture or actually sell them.
Actually, they can although it may not be wise. Any activies would figure into damages assesed IF S&W were to win.

The suit was filed in April 2013, at this point it is unlikely that anything has happened other than the filing and initial exchange and I don't see any evident of an injunction.

There are several paths this could take with the least likely being a lengthy and costly trial. This could be settled by license, mediation or a one time payment of damages all of which would allow them to continue with manufacturing and selling.

They are not necessarily infinging just because S&W says they are. If this went to trial after discovery, Markman Hearing and trial this could likely go on for 4 or 5 years. In these cases the deepest pockets, right or wrong, usually win.

It may make economic sense for them to "Cease and Desist" and negociate a settlement.

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