effect of discussion on legal procedings

I haven't seen anyone say that whether or not one says things changes whether the code infringes the patent. The FAQ says that it can change whether or not the judge can give a summary judgement that there's no infringement: it influences the decision of whether or not there's anything that needs to be looked at more carefully to decide the matter. The FAQ says that judging on all the relevant facts is time-consuming and expensive; and that the aim is to avoid there being enough doubt that the judge decides it's necessary to do that.

Someone else in these LWN comments also suggested (without citing any evidence) that such discussions can change whether or not one is found to have knowingly ("willfully") infringed the patent.