Interesting difference from the Js. Don't believe the Js invoked 35USC286 and were relying on 35USC287 which states in part
<may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice. >
The Ts are invoking 35USC286 which limits damages to six years prior to notification of infringement. Corrections welcomed. Opty