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?
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.