Oracle Corporation et al v. SAP AG et al

Filing 1143

Declaration of Tharan Gregory Lanier in Support of 1142 MOTION in Limine Defendants' Motions in Limine filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Related document(s) 1142 ) (Froyd, Jane) (Filed on 4/26/2012)

EXHIBIT 17

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Plaintiffs’ Proposed Final Instruction No. 18
COPYRIGHT DAMAGES—WILLFUL INFRINGEMENT
An infringement is considered willful when Oracle has proved both of the
following elements by a preponderance of the evidence:

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1.

Defendants engaged in acts that infringed Oracle’s copyrights; and

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2.

Defendants knew that those acts infringed Oracle’s copyrights.

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Authority: Ninth Circuit Manual of Model Jury Instructions, Instruction 17.27 (Civil) (modified)

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