After much trial and error, Lisa invents a super water filter that can successfully remove 99.99% of contaminants from tap water, making it the most effective filter on the market. lISA duly patents her invention. Soon, she sets out to market her products. Unfortunately, after a few weeks, she discovers that Lillian is marketing a similar filter under her own name.

Lisa sues Lillian in federal district court, seeking an injunction against Lillian for infringement of her patent. She asks for an injunction preventing Lillian from marketing her product and for monetary damages. Lillian claims that her filter is different enough from Lisa's so that her product does not infringe on Lisa's patent. During the initial stages of the trial, Lisa seeks a temporary injunction against Lillian, to prevent her from marketing her filter during the trial. Lisa claims that having a second product on the market that is so similar to hers will severely damage her reputation in the marketplace and that later monetary relief from Lillian will not suffice to make up for this loss of reputation and market share.

You are working as a clerk for the federal judge assigned to this case.

Please draft an essay for the judge explaining to her:

a) What the standards are in determining whether to issue such an injunction;

b) Whether the judge must issue the injunction if she agrees with Lisa's claims or whether the judge still has discretion as to whether to issue the injunction; and

c) What burden of proof Lisa will have to meet before the judge should issue the injunction.

As the assignment does not specify the jurisdiction, you may use federal case law from any federal court (and/or of course, federal statutes) in this assignment.