I have heard about of couple of cases this week involving farmers abused by patent owners. I am sure that the lawyers involved looked at this: “Except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice”.
That is from: This Cornell Law Posting
So where on that seed was Pat. nnnnnnnn?
I am not alwyer and do not aspire to be but lawyers and judges are expected to be able to read.
Oh, if the infringer had made best efforts to avoid buying the “falsly unmarked” product, how can he/she be an infringer? Is he/she entitled to compensation for frivolous suit?