Free Notice of Filing Proposed Pretrial Order - District Court of Arizona - Arizona

SUPPLEMENT TO EXHIBIT 10 JOINT PARTIES REVISED AND ADDITIONAL PROPOSED JURY INSTRUCTIONS Joint Parties Revised Proposed Jury Instruction No. 14 Substantial Similarity The Court has already found that the Lexcel Software and the Nelcela Software are substantially similar beyond the possibility of random chance and that copying took place. This Court's determination is binding on your decision in this case; you must accept as true that there is copying between the Lexcel and Nelcela Softwares. The Court has not determined, however, which software was created first. Accordingly, the primary fact issue for your determination is whether the Lexcel Software was created before the Nelcela Software, on instead the Nelcela Software was created before the Lexcel Software. Source: Sept. 30, 2006 Order at 27-29; Trans. of Nov. 20, 2006 Hearing at 29, lns. 20-21 ("I think we are at a narrow issue of which came first.").

Case 2:02-cv-01954-MHM

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Joint Parties Additional Proposed Jury Instruction No. 17 Pretrial Instruction on Substantial Similarity The Court has already found that the Lexcel Software and the Nelcela Software are substantially similar beyond the possibility of random chance and that copying took place. This Court's determination is binding on your decision in this case; you must accept as true that there is copying between the Lexcel and Nelcela Softwares. The Court has not determined, however, which software was created first. Accordingly, the primary fact issue for your determination is whether the Lexcel Software was created before the Nelcela Software, on instead the Nelcela Software was created before the Lexcel Software. Source: Sept. 30, 2006 Order at 27-29; Trans. of Nov. 20, 2006 Hearing at 29, lns. 20-21 ("I think we are at a narrow issue of which came first.").

Case 2:02-cv-01954-MHM

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Joint Parties Additional Proposed Jury Instruction No. 18 Copyright Registration Registration of a copyright does not create rights of ownership. Rather, ownership of a copyright automatically exists upon the creation of a work. The purpose of registration of a copyright is not to establish ownership, but rather to enable an owner to bring a lawsuit for infringement of its work. Source: 17 U.S.C. §§ 201(a), 411; Johnson v. Gordon, 409 F.3d 12, 19-20 (1st Cir. 2005) ("Since the Copyright Act of 1976 took effect, registration is no longer a statutory prerequisite to copyright protection. See 17 U.S.C. § 408(a). Withal, registration is a precondition for bringing a copyright infringement suit. See id. § 411(a). It is also a condition precedent for obtaining certain remedies, such as statutory damages and attorneys' fees."

Case 2:02-cv-01954-MHM

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