11th Cir. Pattern Jury Instr. (Civil) 9.31

[Name of plaintiff] is entitled to recover any actual damages suffered

because of the infringement found. “Actual damages” means the amount of money

adequate to compensate [name of plaintiff] for any losses cause d by the

infringement. In this case, [name of plaintiff] claims [his/her/its] actual damages

are measured by:

1. a reasonable license fee that [name of defendant] should have paid

for the use found to be an infringement;

2. the profits [name of plaintiff] should have received for sales lost

because of the infringement; or

3. other measure specific to the case.

[Name of plaintiff] has the burden of first proving to a reasonable

probability a causal connection between [name of defendant]’s alleged act(s) of

infringement and any loss claimed . If [name of plaintiff] does so, [name of

defendant] must show that the claimed loss would have occurred even if there had

been no infringement by [name of defendant].

SPECIAL INTERROGATORIES TO THE JURY

1. Do you find to a reasonable probability that [name of plaintiff]

suffered a loss?

Answer Yes or No _____________

If you answered “No,” you don’t need to answer the remaining

questions.

2

5.13

2. Do you find to a reasonable probability that the loss suffered by

[name of plaintiff] was caused by [name of defendant]’s alleged act[s] of

infringement?

Answer Yes or No _____________

If you answered “No,” you don’t need to answer the remaining

questions.

3. Do you find to a reasonable probability that this loss would have

occurred even if there had been no infringement by [name of defendant]?

Answer Yes or No _____________

If you answered “Yes,” you don’t need to answer the following

question.

4. What amount of money do you determine is adequate to

compensate [name of plaintiff] for the actual damages caused by the

infringement?

$_______________________