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What I was told is that if you research the patent and aware of its existence then you may be guilty of willful enfringement with treble the normal penalties:

https://www.jonesday.com/en/insights/2016/06/supreme-court-u...

https://www.ip-watch.org/2016/07/26/us-high-court-restores-t...



More precisely, a standing policy that researching patents is forbidden is prima facie evidence that your employees couldn't have possibly known about an existing patent. That means that a plaintiff suing for willful infringement will need to find evidence that someone went out of their way to ignore the policy. That might be quite difficult.

(Of course: not a lawyer, this is not legal advice)


Wow, I'm amazed that this would hold up. That's like saying that if I drive with a blindfold on, I couldn't possibly have willfully caused an accident because, as a matter of policy, I couldn't have been aware of the other cars on the road.


A more accurate analogy is a company policy that strictly prohibits driving.




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