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One could argue that you shouldn't code around patents in the first go round. Because if you demonstrate that you knew about the patent and then proceeded to infringe on it, you could be liable for 3X the amount.

If you don't know about the patent, then you're only liable for 1X the amount.

Moral of the story: don't read patents, you can only get into trouble. If you get sued after the fact, then you can change your code to work around it.

Yup. The quasi-official policy at some places I've worked is that engineers are not to browse the patent database, for exactly that reason.

Ironic, given one of the original primary reasons for the patent system.

I'm not sure if that really lowers your overall risk. Finding out afterward that you accidentally broke some patent which you could have avoided easily isn't necessarily better even if you don't have to pay treble damages.

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