Under Section 111(1) of the Patents Act, 1970, damages or an account of profits shall not be granted…

Section 111(1) bars damages or an account of profits against a defendant "who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed". Legal advice that the patent is invalid, or stopping promptly after notice, is not the test, and an injunction may still be granted under section 111(4).