Are there ever! For example, right against self-incrimination must now be invoked explicitly. Refusing to answer a question (they will say "being evasive") can be used against you unless you affirmatively state you are exercising your right to remain silent. [1]
Whether the clause is triggered or not shouldn't matter if the patents aren't valid in your jurisdiction.
You don't have to state your rights — you just have them (there might be exceptions to this).
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I'd love to get an answer to the bigger question as well.