[wahern]

Technically you are also violating the patent(s) merely by using an infringing product.

AFAIU, normally the patent rights holder couldn't recover damages from an infringer if the infringer didn't have notice. But I suppose it's possible that you now have notice, and therefore could be liable for statutory damages if you continued using the product, presuming Apple hasn't already updated your device.

(Also possible there's some other technicality saving you. I-am-not-a-patent-lawyer. But I know that with copyright such a scenario is possible even without actual notice. Copyright makes infringers out of everybody all the time. Not that people generally care or even should care. And not that it justifies automated systems that "helpfully" intervene. ;)