35 U.S.C. 298 Advice of counsel.
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.
Effective Dates for Changes Made to this Section
TEXT OF 35 USC 298
Section 17 of the America Invents Act
No language relating to the effective date. Section 35 covers the effective date:
Except as otherwise provided in this Act, the provisions of this Act shall take effect upon the expiration of the 1–year period beginning on the date of the enactment of this Act and shall apply to any patent issued on or after that effective date.