Aquarium LED Lighting under siege

[TimberTDI]

This is a valid lawsuit and Orbitec will mostly likely win. Did everybody forget when Blackberry had to shut down for a bit because of the patent troll company NTP. This is the almost the exact same problem. NTP ended walking away with well over $600 million of RIM's money.

Steven

 

[TimberTDI]

What I don't understand is how PFO was sleeping at the helm? How could they not have protected their investments from the beginning and patented it? There has to be a way around this; the same way AGA changed a few specs and called the Durso Overflow mod the AGA MegaFlow System.

 

[ellebelle]

What I don't understand is how PFO was sleeping at the helm? How could they not have protected their investments from the beginning and patented it? There has to be a way around this; the same way AGA changed a few specs and called the Durso Overflow mod the AGA MegaFlow System.

Exactly.

 

[ellebelle]

Am I off base or is that a bullsh!t patent. They have patented the idea of using a light source they did not invent for the specific application of growing marine life. How does that get by the USTPO ? All they did was make an enclosure and controller for LEDS, they did not 'invent' anything new.

Because it is still a new idea and there is more to it than taking simple LEDs and mounting them close together. If that were the case, then people would have been using this technology a lot longer. Oribitel has been in the process of developing this technology since 1996 - building on what is available and using it in novel ways.

 

[dickenscd]

Wow. So what can we do as reefers to help??

One effective way to challenge/nullify the patent is evidence of usage or application prior to the patent filing date. If anyone knows that the LED had been used in aquarium prior to the patent filing date Dec. 2003, it will be helpful if you can pass the information to PFO.

I hope PFO can win the case.

James

 

[prattreef]

I can't speak for PFO, but the reality seems to be that none of the Aquarium LED manufacturers are protected. I doubt many, if not most of the aquarium products that aren't from the truly big companies are protected patent wise.

 

[aznt1217]

That is ridiculous.

 

[dickenscd]

What I don't understand is how PFO was sleeping at the helm? How could they not have protected their investments from the beginning and patented it? There has to be a way around this; the same way AGA changed a few specs and called the Durso Overflow mod the AGA MegaFlow System.

PFO did filed a patent on April 27, 2006, see the following link,

http://www.freshpatents.com/Led-aquarium-light-dt20071101ptan20070253196.php

If it is approved, all the other manufacturers and hobbiests using LED in aquarium can also be blocked and sued.

James

 

[Domboski]

PFO did filed a patent on April 27, 2006, see the following link,

http://www.freshpatents.com/Led-aquarium-light-dt20071101ptan20070253196.php

If it is approved, all the other manufacturers and hobbiests using LED in aquarium can also be blocked and sued.

James

The patent application number is no longer valid. The request was probably denied by the USPTO. Furthermore, the filing may have been the catalyst behind the lawsuit.

The application has expired: http://portal.uspto.gov/external/po...mckNIZGgvN18wXzE4TC8xNS9zYS5nZXRCaWI!#7_0_18L

Sorry the link does not take you straight there. You have to search by application number. In any case, the application expired April, 29th, 2007.

 

[Killerdrgn]

I wonder if orbitel even has a prototype. They really need to tighten up the patent granting process.

 

[dickenscd]

I dont know about you guys but i sent an email to bob and marty like it suggested. Here are there emails again in case anyone else would like to voice there opinion [email protected] bob [email protected] marty. Lets fill there inbox!

Usually this strategy will not work. The more emails or letters the patent holder receive, the more valuable they know about their patent, and the more they will defend their patent.


James

 

[dickenscd]

Question now is for those interested in LED lighting if it is worth buying a current fixture on the market or waiting till this issue is resolved.

Emotionally you can buy a Solaris fixture now to support PFO, in reality you'd better wait until this issue is resolved.

I spent almost $4,000.- and bought a 6 feet Solaris "I" in Dec. 2007, I had to contact PFO for defectives and sending replacement parts 3 times in the past one year, and I don't know what I can do for the fixture if PFO can not keep their support.


James

 

[18oreefer]

Usually this strategy will not work. The more emails or letters the patent holder receive, the more valuable they know about their patent, and the more they will defend their patent.


James

Your probably rite, but i already shot of an email and this was the response from marty.


"Dear Aquarium Enthusiasts,

Thank you for your passionate emails and phone calls regarding the recent inaccurate and negative information regarding our company. Due to our ongoing litigation we can not discuss the facts of the case, however, we would like to introduce you to ORBITEC, our people, our products, and our commitment to the aquarium lighting industry.

We have prepared a statement attached above, which will also be posted on our website, www.orbitec.com. We invite your continued comments, and look forward to sharing more information with you on our journey to introduce high quality, reliable LED lighting systems for all marine habitats.

Sincerely,

Tom Crabb
President, ORBITEC"

Perhaps its bull dookie or perhaps there is a future for LED lighting. All we can do is watch the crap roll.

 

[Chiefmcfuz]

Annyone know tom that well? I would love to demo that brush truck.

 

[ellebelle]

Here is the statement that they released, from their website, for reference:

February 4, 2009

Orbital Technologies Corporation, a small business with 70 employees located in Madison, Wisconsin, has recently been the target of inaccurate, negative publicity regarding its patent for a Marine LED Lighting System and Method.

As ORBITEC's president, I am an avid aquarium enthusiast. Back in 2003, the company combined my new-found passion for aquariums with our decade-long experience in LED lighting systems for plant growth, science research, underwater bioreactors and aerospace applications to create a new design for a complete LED system for marine environments. Working together with aquarium industry partners, our engineering team began developing high-quality, effective LED lighting systems for small and large marine applications, including aquariums.

ORBITEC's ability to launch its product line was delayed due to internal resource limitations and a challenge to its intellectual property. We take our intellectual property rights very seriously, and expect others to do so as well. We look forward, however, to working together with our aquarium partners to release a growing series of reliable, exciting products later this year. My excitement is most felt at home, when I experience the benefits of these units in my own aquarium systems.

We continually welcome any comments or input that you may have regarding these products and future capabilities and you are welcome to email us at [email protected].

Most Sincerely,
Tom Crabb, President

 

[jhale]

I'd say orbitec played the system. They did not do anything wrong, I see the blame resting with the USPTO. To issue a broad sweeping patent to one lighting source to be used over any marine aquarium is ridiculous.

 

[Thatguy96]

This really sucks!

 

[Marteen]

Didn't Tullio Del Aquila talk about the use of LEDs as a light source for marine aquariums in MACNA in August of 2002? Doesn't that make it public knowledge? I suppose Orbitec could argue that they had their LEDs adjustable in their patent so it's a different idea.

 

[Keith P]

I can't see how a good lawyer wouldn't be able to find a loophole. Either a past denied application (due to it being to broad) or something...

 

[prattreef]

Perhaps a good lawyer can, but good lawyers cost a lot of $$$$ and that is part of the game. No one knows how this is going to turn out, but there is a completely plausible scenario where the case is winnable by PFO , but they run out of $$$ before they can successfully complete the suit. That would leave Orbitec with a weak patent, but a patent none-the-less and no one else currently in the game with enough resources to challenge them---PFO is the largest Aquarium LED company currently.

So, these guys could win simply by having deeper pockets and playing the game well. If this happens we'll see if they actually intend to enter the aquarium market or not.