First of all, I'm over the Scott USA/ON3P thing. I maintain that it was a bit of a dick move, especially since a cease and desist order was issued before any sort of informal request/communication between Scott USA and ON3P. But, in the long run, not a big deal.
As for Armada/Rossignol, reading through the Rossignol (plaintiff) vs. Armada (defendant) suit, Armada first issued a cease and desist order September 7th, 2010. I quote:
"In a letter dated September 7, 2010, sent to Rossignol (Exhibit C hereto), Armada
asserted that sales of Rossignol's S7 and BC110W skis "constitute patent infringement under
U.S. law. As such, Armada requests that you immediately cease and desist your unlawful sale of these models."
It contines:
"a patent owner may obtain injunctive relief against infringers…and may recover up to three times the amount of damages found adequate to compensate for the infringement," and further that "the prevailing party in a patent infringement suit may be entitled to recover its attorneys fees from the other side…and in some cases the attorneys fees will exceed the amount of the infringement damages." The September 7 letter continues: "We reiterate, Rossignol, is selling skis (at least the S7 and BC110W models) that fall within the claims of Armada's U.S. Patent. Absent an arrangement with Armada, we must insist that Rossignol immediately cease selling such skis or others that fall within the patent."
I'm not a lawyer, but that language is pretty cut and dry. Armada was demanding that Rossignol cease selling the S7/BC110W models immediately (and account for past sales to potentially assess further damages) unless they enter into some sort of licensing (ie, paying a fee) agreement with Armada.
While Armada may believe that the S7/BC110W violate a patent they hold legal rights to, I maintain that it is a dick move for Armada to issue a cease and desist order and threaten to sue for damages for a design that is very similar to a ski Rossignol already had a patent for as well as a ski that DPS already had a patent for. Rossignol and DPS already patents dating 2006 and 2008 and had pursued no legal action. Armada was granted their patent April 6, 2010 and was the first to lawyer-up.
I won't be as juvenile as I was before, but I believe Armada should not have done what they did. I believe their reputation should suffer for it and I will continue to encourage people do not purchase their products.