After much trial and error, Jane 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. Jane duly patents her invention. Soon, she sets out to market her products. Unfortunately, after a few weeks, she discovers that Paul is marketing a similar filter under his own name. Jane sues Paul in federal district court, seeking an injunction against Paul for infringement of her patent. She asks for an injunction preventing Paul from marketing his product and for monetary damages. Paul claims that his filter is different enough from Jane’s so that his product does not infringe on Jane’s patent. During the initial stages of the trial, Jane seeks a temporary injunction against Paul, to prevent him from marketing his filter during the trial. Jane 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 Paul 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 Jane’s claims or whether the judge still has discretion as to whether to issue the injunction; and c) What burden of proof Jane will have to meet before the judge should issue the injunction.
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