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.

nitewatchman