So, the strategy the lawyers imply is to secretly observe the infringer's sales volume, waiting until accrued damages exceed the 1 million litigation cost, but

So, the strategy the lawyers imply is to secretly observe the infringer's sales volume, waiting until accrued damages exceed the 1 million litigation cost, but not so far as to exceed the infringer's liquidation value, then sue? And expect to forego triple damages, unless in discovery you can turn up an internal memo proving the infringement was knowing? My head begins to spin ...