572. Partially valid patents.

572.     Partially valid patents.

If in proceedings for infringement in which validity is in issue it is found that the patent is only partially valid, the court1 or the comptroller2 may grant relief in respect of part of the patent found to be valid and infringed3. Where it is so found, the court or the comptroller, when awarding damages, costs or expenses or making an order for an account of profits, must take into account:


    (1)     whether at the date of the infringement the defendant or defender knew, or had reasonable grounds to know, that he was