The failure of an infringer to obtain the advice of counsel with respect to any allegedly infringed patent, or the failure of the infringer to present such advice to the court or jury, may not be used to prove that the accused infringer willfully infringed the patent or that the infringer intended to induce infringement of the patent.
Pub. L. 112–29, § 17(a)125 Stat. 329(Added , , .)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 112–274, § 1(a)126 Stat. 2456
Pub. L. 112–2935 U.S.C. 1section 298 of title 35“Notwithstanding section 35 of the Leahy-Smith America Invents Act [] ( note), , United States Code, shall apply to any civil action commenced on or after the date of the enactment of this Act [].”
, , , provided that:
Pub. L. 112–29section 35 of Pub. L. 112–29section 1 of this titleExcept as otherwise provided in , section effective upon the expiration of the 1-year period beginning on , and applicable to any patent issued on or after that effective date, see , set out as an Effective Date of 2011 Amendment note under .