Layering "objective recklessness" on top of showing factors that overall support willfulness of the infringement has set the standard for treble damages very high. Too high IMO, given that the infringer is essentially stealing the property of the patent holder and making the thief return the stolen goods is an inadequate deterrent. This is a meaningful erosion of patent values.
Thanks to those who contributed to my education.
ij
It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes