Advice of counsel
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
Frequently CitedTop 11% most-cited · cited by 25 decisions
25
Citing decisions
6+
Courts citing
Citations by decade
11
14
2010s2020s
Courts citing this statute
Most recently cited by10
- 2024DMF Inc v. AMP Plus Inc C.D. Cal.
- 2024Provisur Technologies, Inc. v. Weber, Inc. Fed. Cir.
- 2024Wirtgen America, Inc. v. Caterpillar, Inc. D. Del.
- 2023PureWick Corporation v. Sage Products, LLC D. Del.
- 2022Dali Wireless, Inc. v. Corning Optical Communications LLC N.D. Cal.
- 2022Board of Regents, The University of Texas System v. Boston Scientific Corporation D. Del.
- 2022Teva Pharmaceuticals International GmbH v. Eli Lilly and Company D. Mass.
- 2022Summer Infant (USA), Inc. v. TOMY International, Inc. D.R.I.
- 2021SHERWIN-WILLIAMS COMPANY v. PPG INDUSTRIES, INC. W.D. Pa.
- 2021Avanos Medical Sales, LLC v. Medtronic Sofamor Danek USA, Inc. W.D. Tenn.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
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. (Source: (Added Pub. L. 112–29, § 17(a), Sept. 16, 2011, 125 Stat. 329.))