by Freed
I'm going to patent natural lighting, the light coming from the sun, eminating to from and forthwith and also any range of light from said source including visual and non visual and any make believe light from said source.
<a href=showthread.php?s=&postid=14582066#post14582066 target=_blank>Originally posted</a> by Kengar
The patent is NOT that broad and is NOT going to prevent all LED lights over tanks (e.g., moonlights) as the sensationalistic post states. All claims require the LED's to put out light in specific wavelengths; a controller that controls the on/off status AND intensity of the LED's; and cooling system in the housing. Additionally, the claims require and open-topped habitat. Does that mean you don't infringe if the light system is put over a tank with a glass canopy closing the tank? If so, it can be said that PFO does not contributorily infringe by selling its system because the one that has to make the claimed COMBINATION is the end user, and there would then be substantial non-infringing use available. Also, the housing has to be connectable to the rim of the tank. Don't want to infringe? Fine, don't provide any features by means of which the housing sits on the edge of the tank and only configure it for suspended applications. Don't put a cooling system into the housing; tell the customer to put a fan on the side/back of the tank and blow air at it. H-E-double hockey sticks, the cooling system limitation was put in by amendment; they Festo'ed the snot out of themselves with that one. Why PFO would lay off people over this is a mystery; this one is a cake walk.
<a href=showthread.php?s=&postid=14585197#post14585197 target=_blank>Originally posted</a> by wayne in norway
Does the presence of similar technologies in a non LED fixture make a difference. If I get a T5 fixture with incanopy cooling that can sit on the sides of my opentopped tank does that have relevance in demonstrating they are hardly new idea. I can change the lighting colour by chaning bulbs.
It seems that it's LED's rather than tubes outputting the light is a rather minor detail compared to larger design features.
<a href=showthread.php?s=&postid=14582365#post14582365 target=_blank>Originally posted</a> by teesquare
Which "sensationalistic" ( is that really a word?) post? Take your pick, we have a wide variety and our selection is deep.....Looks like appropriate timing for PFO to shutter the place. I suspicion that the number of returns on LED units was very high, and perhaps high enough to drain the coffers... Perhaps Orbitec's action is as much good timing (for Orbitec) as it is bad descision after bad product for PFO.
Frankly, I am not familiar with the "cakewalk" defense - enlighten me would you? When one participant in the proceeding is flat broke - I figure even if they are innocent - they LOSE. Time and again, we all witness that "a man (or company) will recieve what justice they can afford". Sounds jaded? Nope just experienced. Not my first rodeo.
When PFO eliminated all of their product line to dedicate themselves to produce an LED light system - that was risky.
As for "Festo'ed"...I am not sure that this is about "the arguement/ equivication of equivalents" - or said more simply: What the definition of IS, is. (Thank you - Bill CLinton for further parsing the meaning of a 2 letter single syllable word that none of US would dare to argue <G>).
I am confident we will see more LED systems in the near future. I am just not confident they will continue to be made by American companies. Partially due to our patent system.
T
<a href=showthread.php?s=&postid=14586043#post14586043 target=_blank>Originally posted</a> by Kengar
The sensational posting I was referring to was a blog-type posting someone on the local aqaurium club had linked to. I simply cut and pasted my posting there over here; the sensationalist posting wasn't referring to anything here. Pardon the confusion.Also, my post was very, very off the cuff/hasty and didn't explain things clearly (e.g., Festo) for others on the board.
Re defenses, I agree with mcliffy2 that the claims very well may be invalid. I only took a very quick look at the independenst claims last night while taking a break from the Reply to Examiner's Answer from Hell I've been working on for the last 25-30 hours! Perhaps a run at reexamination would be in order! Also, you make the exact same point I was going to follow up with today: if a lawsuit in its beginning stages forced them to close shop, then they probably weren't in good financial shape to begin with.
I'll take a look more closely now at the patent, its file history, and prior art and see what stands out!