PRESUMPTION IN CERTAIN INFRINGEMENT ACTIONS.

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.”.