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>>... sue the patent clerk?

No, not really. The patent clerk made a mistake in approving the patent, buy they didn't intentionally grant a bad patent to cause trouble or make money. Its really the patent trolls that are at fault for weaponizing the patent clerk's mistake.

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"I was just negligent, I didn't do it for personal gain" isn't enough to absolve you of responsibility in a civil suit. It's a shame that there's no accountability on the government's side when they screw up and cause harm, especially on this scale.

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