Question
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
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 suses Lillian in federal 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 doses not nfringe 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 and market shares.
Question
a- What the standards are in determining whether to issue such an injunction.
b- Whether the judge must issue the injunction fi she agrees with Lisa's claims or whether the judge still has discretion as to whether to issue the injunction.
c-What burden of proof Lisa will have to meet before the judge should issue the injunction.
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