You seem to assume that a programmer should know about the patent and all other similar patents/patent conditions before he/she implements. I don't think that's so easy to do.
In the past, I have been advised by my employers that I should never read patents. The reasoning is that if I have a policy of never reading patents, then I can never willfully violate a patent. This limits the amount of damage I can cause when I inevitably violate a patent.
When engineers are advised by lawyers to never read patents that pertain to their field, you know the entire system is a fucking joke.
