Banosser
I think the Jury can see claim 6 is easy. So then they found out claim 7 or 9 confused the issue and need a clearer picture in how to move forward, now that they have clarity, i doubt they will throw away 6, but have to recollect the trial again in light of clarity and 6 and make sure the other infringe. IMO
As far as by preponderance, if they find claim 6 does infringe, but were confused on 7,9. Then they hold onto 6 in their minds, eventually, attrition and all the other presentation of the trial, and maybe peer,time pressure's, will turn into preponderance, in my mind!
Best to all