[georgemcbay]

I don't have a good answer to your direct question but questions like this regarding patents are best asked anonymously and with the details of the patent very vague, because if it can be proven that you knew about a patent and you "willfully" violated it and you come out on the losing end you can be held liable for 3 times the usual damages and this post is pretty good future evidence that you were aware of the patent (which sounds like total bullshit, but such is the state of patents today) and willfully violated it.