Patent infringement is a strict liability offense. Even if the infringer honestly did not know about the patent, the infringer is still liable for damages. If the infringer DID know about the patent and intentionally infringed, there can be enhanced damages.
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."