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  1. 18.4 Securities—Forward-Looking Statements

    ... 10b-5 only if the plaintiff proves by a preponderance of the evidence that, at the time the forward-looking statement was made, (1) the ...

  2. 8.19 Receiving Illegal Gratuity by Witness

    ... (Illegal Gratuity to Witness). Depending on the facts in evidence, it may be appropriate to amend this instruction with language ...

  3. 5.12 Mere Presence

    ... presence may be considered by the jury along with other evidence in the case. Comment ...

  4. 15.28 Trademark Damages—Actual or Statutory Notice (15 U.S.C. § 1111)

    ... has the burden of proving by a preponderance of the evidence that the defendant had [either statutory or] actual notice that the ...

  5. 17.34 Copyright—Damages (17 U.S.C. § 504)

    ... preponderance of the evidence.   Comment               Give ...

  6. 6.28 Readback or Playback

    ... isolation but must be considered in the context of all the evidence presented.               In United States ...

  7. 15.20 Expressive Works

    ... only if the plaintiff proves by a preponderance of the evidence that the defendant’s use of the plaintiff’s mark is explicitly ...

  8. 23.14 Economic Espionage (18 U.S.C. § 1831)

    ...             Use this instruction “when there is evidence of foreign government sponsored or coordinated intelligence ...

  9. 2.3 Stipulations of Fact

    ...   The parties have agreed to certain facts [to be placed in evidence as Exhibit __ ] [that will be read to you]. You must therefore treat ...

  10. 15.22 Derivative Liability—Contributory Infringement

    ... of proving each of the following by a preponderance of the evidence:              First, the defendant [sold] ...

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