11th Cir. Pattern Jury Instr. (Civil) 9.29

[Name of defendant] claims that [name of plaintiff]’s copyright claim is

barred by the statute of limitations, which is a time limit for bringing a claim.

To establish that the statute of limitations bars [name of plaintiff]’s

copyright claim, [name of defendant] must prove by a preponderance of the

evidence that [name of plaintiff] failed to file [his/her/its] lawsuit within three

years after [he/she/it] knew or, in the exercise of reasonable diligence, should have

known about the infringement.

Each act of infringement is a separate harm that creates an independent

claim for relief. The statute of limitations only prevents [name of plaintiff] from

recovering remedies for infringing acts that occurred more than three years before

[name of plaintiff] filed [his/her/its] lawsuit.

SPECIAL INTERROGATORIES TO THE JURY

1. Did [name of plaintiff] fail to file [his/her/its] lawsuit within three

years after [he/she/it] knew or, in the exercise of reasonable diligence,

should have known about the infringement?

Answer Yes or No _____________

2. If the answer to the above question is “Yes,” do you find that the

statute of limitations bars [name of plaintiff]’s copyright -infringement

claim?

Answer Yes or No _____________

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