Allapattah Servs., Inc., 545 U.S. Penguin Books Usa, Inc., 109 F.3d 1394 (9th Cir. In other text, the actual know-how provision turns on regardless of whether the company basically or subjectively knew of distinct infringement, even though the red flag provision turns on irrespective of whether the supplier was subjectively mindful of info that would have built the specific infringement objectively apparent to a sensible particular person.