35 U.S.C. 298 Advice of counsel. (Sept. 16, 2012)
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.
(Added Sept. 16, 2011, Leahy-Smith America Invents Act, Public Law 112-29, sec. 17, 125 Stat. 284.)
[*End Editor's Note: 35 U.S.C. 298 (Sept. 16, 2012)]