11th Cir. Pattern Jury Instr. (Civil) 9.28

(Advisory Jury)

Name of defendant] claims that [name of plaintiff] is barred from asserting

his copyright -infringement claim against [name of defendant] by the doctrine of

estoppel. To establish estoppel, [name of defendant] must prove each of the

following elements by a preponderance of the evidence:

First, you must find that [name of plaintiff] knew the facts of [name of

defendant]’s infringing conduct.

Second, you must find that [name of plaintiff]’s statement or conduct (either

action or inaction) caused [name of defendant] to believe that [name of plaintiff]

wouldn’t pursue a claim for copyright infringement against [him/her/it].

Third, you must find that [name of plaintiff] intended for [name of

defendant] to act on [his/her/its] statement or conduct, or [name of defendant] had

a right to believe [name of plaintiff] so intended.

Fourth, you must find that [name of defendant] didn’t reasonably believe

that [name of plaintiff] would pursue a claim for copyright infringement against

[him/her/it].

And fifth, you must find that [name of defendant] was injured as a result of

his reliance on [name of plaintiff]’s statement or conduct.

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