Extracted Text (may have errors)

119 1 covered that product but has expired is not a violation of 2 this section.’’. 3 (4) EFFECTIVE DATE.—The amendments made 4 by this subsection shall apply to all cases, without 5 exception, that are pending on, or commenced on or 6 after, the date of the enactment of this Act. 7 SEC. 17. ADVICE OF COUNSEL. 8 (a) IN GENERAL.—Chapter 29 of title 35, United 9 States Code, is amended by adding at the end the fol- 10 lowing: 11 ‘‘§298. Advice of counsel 12 ‘‘The failure of an infringer to obtain the advice of 13 counsel with respect to any allegedly infringed patent, or 14 the failure of the infringer to present such advice to the 15 court or jury, may not be used to prove that the accused 16 infringer willfully infringed the patent or that the in- 17 fringer intended to induce infringement of the patent.’’. 18 (b) CONFORMING AMENDMENT.—The table of sec- 19 tions for chapter 29 of title 35, United States Code, is 20 amended by adding at the end the following: ‘‘298. Advice of counsel.’’. 21 SEC. 18. TRANSITIONAL PROGRAM FOR COVERED BUSI- 22 NESS METHOD PATENTS. 23 (a) TRANSITIONAL PROGRAM.— 24 (1) ESTABLISHMENT.—Not later than the date 25 that is 1 year after the date of the enactment of this •HR 1249 EH