Page:United States Statutes at Large Volume 102 Part 2.djvu/562

 102 STAT. 1566

PUBLIC LAW 100-418—AUG. 23, 1988

patent holder's belief, except that the patent holder is not required to disclose any trade secret information. "(C) A person who receives a written notification described in subparagraph (B) or a written response to a request for disclosure described in paragraph (4) shall be deemed to have notice of infringement with respect to any patent referred to in such written notification or response unless that person, absent mitigating circumstances— "(i) promptly transmits the written notification or response to the manufacturer or, if the manufacturer is not known, to the supplier, of the product purchased or to be purchased by that person; and "(ii) receives a written statement from the manufacturer or supplier which on its face sets forth a well grounded factual basis for a belief that the identified patents are not infringed. "(D) For purposes of this subsection, a person who obtains a product made by a process patented in the United States in a quantity which is abnormally large in relation to the volume of business of such person or an efficient inventory level shall be rebuttably presumed to have actual knowledge that the product was made by such patented process. "(6) A person who receives a response to a request for disclosure under this subsection shall pay to the person to whom the request was made a reasonable fee to cover actual costs incurred in complying with the request, which may not exceed the cost of a commercially available automated patent search of the matter involved, but in no case more than $500.". (b) TECHNICAL AMENDMENT.—The item relating to section 287 of title 35, United States Code, in the table of sections for chapter 29 of such title is amended to read as follows: "287. Limitation on damages and other remedies; marking and notice.". SEC. 9005. PRESUMPTION IN CERTAIN INFRINGEMENT ACTIONS. (a) PRESUMPTION THAT PRODUCT MADE BY PATENTED PROCESS.—

Chapter 29 of title 35, United States Code, is amended by adding at the end the following: "§ 295. Presumption: Product made by patented process "In actions alleging infringement of a process patent based on the importation, sale, or use of a product which is made from a process patented in the United States, if the court finds— "(1) that a substantial likelihood exists that the product was made by the patented process, and "(2) that the plaintiff has made a reasonable effort to determine the process actually used in the production of the product and was unable to so determine, the product shall be presumed to have been so made, and the burden of establishing that the product was not made by the process shall be on the party asserting that it was not so made.'. (b) CONFORMING AMENDMENT.—The table of sections for chapter 29 of title 35, United States Code, is amended by adding after the item relating to section 294 the following: "295. Presumption: Product made by patented process.". 35 USC 271 note.

SEC. 9006. EFFECTIVE DATE.

(a) IN GENERAL.—The amendments made by this subtitle take effect 6 months after the date of enactment of this Act and, subject

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