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129 1 not be joined in one action as defendants or counterclaim 2 defendants, or have their actions consolidated for trial, 3 based solely on allegations that they each have infringed 4 the patent or patents in suit. 5 ‘‘(c) WAIVER.—A party that is an accused infringer 6 may waive the limitations set forth in this section with 7 respect to that party.’’. 8 (2) CONFORMING AMENDMENT.—The table of 9 sections for chapter 29 of title 35, United States 10 Code, as amended by this Act, is further amended 11 by adding at the end the following new item: ‘‘299. Joinder of parties.’’. 12 (e) EFFECTIVE DATE.—The amendments made by 13 this section shall apply to any civil action commenced on 14 or after the date of the enactment of this Act. 15 SEC. 20. TECHNICAL AMENDMENTS. 16 (a) JOINT INVENTIONS.—Section 116 of title 35, 17 United States Code, is amended— 18 (1) in the first undesignated paragraph, by 19 striking ‘‘When’’ and inserting ‘‘(a) JOINT IN- 20 VENTIONS.—When’’; 21 (2) in the second undesignated paragraph, 22 by striking ‘‘If a joint inventor’’ and inserting 23 ‘‘(b) OMITTED INVENTOR.—If a joint inven- 24 tor’’; and 25 (3) in the third undesignated paragraph— •HR 1249 EH