Bad news for solaris owners

[GreenSpottedPuffer]

Originally Posted by mark

not bothering to read the patent but what's so unique about putting a light fixture full of LED over a marine tank that it would be patentable?

Well thats the thing. Anything is patentable. Any idea can be retained as intellectual property no matter how broad or absurd but the chance of solely keeping that "idea" without ever producing/manufacturing a product is slim to none. In this case the patent was applied for in 2004 and granted in 2007. In the meantime, PFO shipped they're first fixtures in 2006. So although they were selling this technology before any patent went through, they knew this could happen and this is 100% they're fault. Bad business IMO. Whether right or wrong, another company had a patent pending on this technology and PFO took a huge risk--either blowing off US patent laws or assuming the patent may not go through. They did apply for patent on they're fixtures/technology in 2006 and it has yet to be approved. Most likely will not be after all this mess.

Now if the patent holder had no intention of producing LED lights sold for marine aquarium growth, PFO would most likely have ended up getting their patent granted. Basically if you have a patent but do not act on it within 2-3 years and other companies DO produce similar products, the producing company will be allowed to patent their products. There is a lot more to it including often still paying the original patent company a percentage but thats kind of off topic.

PFO did try to sell the Solaris division of they're company to the new patent holder but they were not interested and filed the lawsuit instead. My feeling is this is just to stop them from selling anymore LED fixtures and ultimately put PFO under. Again, PFO took a huge risk when put they're entire company into one product that was already under patent pending. They really have no to blame but themselves.