Tesla, Marconi, And the Great Radio Controversy: Awarding Patent Damages Without Chilling a Defendant's Incentive to Innovate (Great Inventor Nikola Tesla‪)‬

I. INTRODUCTION Advocates of the patent system generally see it, in one shape or another, as a way to encourage an inventor to innovate. (1) They might argue that no less than the United States Constitution supports this lofty goal by granting the inventor a monopoly over an invention for a number of years. (2) And should others trespass upon the metes and bounds of the plaintiff's monopolistic intellectual property, (3) surely the trespass should lead to an injunction (4) and damages (5) against the infringer, and possibly attorneys' fees. (6)