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Old 02-03-2010, 03:50 AM
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Sorry but I have to disagree. There is no invention in that patent. Aquarists have been using light sources to light reef tanks and grow corals for long before Orbitec came along. Jsut because a new type of light comes along does not mean that it is a novel invention to use that light for aquariums. Has anybody been able to patent LEDs as replacements for home light bulbs? If somebody invents a new type of light tomorrow; say a bioluminescent film of some sort should we patent that for use in aquariums? In order to patent there should be some invention. They would have to show that the LEDs surprisingly did something that other light sources don't for coral growth etc. and it does not look like they have done that. It is an inappropriately issued patent as far as I can tell and if challenged in court would likely be invalidated? Why have Orbitec not gone after Aquailluminations? They probably just smelled blood with PFO who were in financial difficulties due to poor products and returns and warranty claims etc. and are using that to try to scare others since they "defeated" PFO (pretty much financially rather then legally). That's my take on it anyhow. There is no invention in that patent as the use of LEDs for aquariums is obvious to anyone skilled in the art. It HAS to be non-obvious to be patentable.

In fact take a look at this old post at glassbox design; particularly the last part. perhaps we should get some people together and send a submission to the USPTO asking to have the patent invalidated.

http://glassbox-design.com/2009/pate...ults-recourse/
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