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Tuesday, August 29, 2017 3:33:56 PM
For this to happen the court has to say whether the adjudged infringer's litigating positions were objectively reckless. If true then they have to determine if the were subjectively willful.
If the opposition can prove they developed this to use but was not aware of a patent this would not apply. Treble damages are used when property was outright stolen intentionally and used. Seeing as a lot of people apparently use this (based on the infringer list) I would say it does not meet the criteria.
Your knowledge of terms is impressive. But I suggest you look up when and how they are actually used in the courts.
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