[d2vid]

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?

[macchina]

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.

[jacalata]

It matters a lot in whether or not you should /implement/ your design, not whether you should try and patent it.