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Re:AskPatents.com: A Stack Exchange To Prevent Bad Patents by d2vid on Thursday September 20, 2012 @12:58PM (#4549481)
Regarding the treble damages for having read a patent - since these are patent applications, not granted patents, perhaps one could argue that one didn't know it was actually granted?
Re:AskPatents.com: A Stack Exchange To Prevent Bad Patents by macchina on Thursday September 20, 2012 @09:37PM (#4551770)
That wouldn't matter.

If you read an application, then you know the invention exists

If the application is rejected – it implies the invention is not novel. Whereas if it is granted, it implies the invention is novel.

Either way, you should not be seeking a patent on that particular invention — because you know that you're not the first to invent.

Re:AskPatents.com: A Stack Exchange To Prevent Bad Patents by jacalata on Thursday September 20, 2012 @10:56PM (#4551985)
It matters a lot in whether or not you should /implement/ your design, not whether you should try and patent it.