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1. 17.18 Copyright Infringement—Copying—Access Defined

   ... Defined               [As part of its burden in Instruction [ insert cross reference to the pertinent ...

2. 17.25 Copyright—Affirmative Defense—Implied License

   ... [retain] the work.  In order to show the existence of an implied license, the defendant has the burden of proving that: First, the defendant requested that the ...

3. 15.27 Trademark Damages—Plaintiff's Actual Damages (15 U.S.C. § 1117(a))

   ... that the defendant had statutory notice or actual notice of the plaintiff’s registered trademark], you must determine the ... damages.              The plaintiff has the burden of proving that [he][she][other pronoun] sustained actual damages by a ...

4. 7.12 Maintenance and Cure—Willful or Arbitrary Failure to Pay

   ... was due.   On this issue, the plaintiff must prove each of the following elements by a preponderance of the evidence:  ... has proved each of the elements on which [he] [she] has the burden of proof, you should answer “yes” on the verdict form where ...

5. 12.12 ADA—Defenses—Direct Threat

   ... the plaintiff posed a direct threat to the health and safety of others [or if the requirements of the job would pose a direct threat to the ... that each of the elements on which the plaintiff has the burden of proof has been proved, your verdict should be for the plaintiff, ...

6. 12.13 ADA—Defenses—Good Faith in Interactive Process

   ... the alleged discriminatory practice involves the provision of a reasonable accommodation.                To prevail ... that each of the elements on which the plaintiff has the burden of proof has been proved, your verdict should be for the plaintiff, ...

7. 15.3 Definition—Trade Dress (15 U.S.C. § 1125(a))

   ... Trade dress is the non-functional physical detail and design of a product or its packaging, which [indicates] [or] [identifies] the ...   Instruction 15.7 (Infringement–Elements and Burden of Proof–Trade Dress).               Trade ...

8. 11.3 Age Discrimination—Retaliation (Comment only)

   ... , 79 F.3d at 763 ("Section 623(d) is the ADEA equivalent of the anti-retaliation provision of Title VII, 42 U.S.C. § 2000e-3(a), and ... (Civil Rights—Title VII—Retaliation — Elements and Burden of Proof.) should be given in a form modified to take into account that ...

9. 19.5 Obstruction of Justice—Official Proceeding (18 U.S.C. § 1512(c))

   19.5 Obstruction of Justice—Official Proceeding (18 U.S.C. § 1512(c)) Comment ... because it, ‘if anything, . . . placed a higher burden of proof on the government than [ § ] 1512(c) demands.’”   Lonich , ...

10. 9.9A Sale of Unregistered Securities

    9.9A SALE OF UNREGISTERED SECURITIES The defendant is charged in [Count _______ ... the registration provisions, the defendant then has the burden of proof in showing entitlement to an exemption.’" CMKM Diamonds, Inc., 729 F.3d ...

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