That isn't the question I'm considering, which is where the apparent disagreement comes from. Someone can intend to use a technique, while not intending to infringe a patent. It is infringing the patent which brings legal problems.
You can be guilty of doing something with intent to do that thing even if you don't know which law is involved.
In that case, yes, you'd have intent to do that thing, but no, you would not have intent to break the law.
The extra penalty is being applied to intent to break the law, to do that you need to know about the law. From the perspective of the person breaking the law, they think they are innocent. They don't intend to be guilty. (Even if they actually are guilty.)
That isn't the question I'm considering, which is where the apparent disagreement comes from. Someone can intend to use a technique, while not intending to infringe a patent. It is infringing the patent which brings legal problems.
You can be guilty of doing something with intent to do that thing even if you don't know which law is involved.
In that case, yes, you'd have intent to do that thing, but no, you would not have intent to break the law.
The extra penalty is being applied to intent to break the law, to do that you need to know about the law. From the perspective of the person breaking the law, they think they are innocent. They don't intend to be guilty. (Even if they actually are guilty.)