It is infringement if you make, use, and sell a patented invention in the US.
Should that read make, use, OR sell?
Making and using without selling would otherwise make that legal, as your statement demonstrates doing all three by using the and modifier...
Not being a grammar hammer, just curious, as I see a distinction there. Can you please clarify?
Also something that wasn't addressed anywhere in the thread is that their patent is to grow marine organisms, it never states reef aquariums, or even hobbyists as their intended end consumers at the time the patent was requested.
Their patent could have been for lighting in a place that has heat and electrical limitations (think space station, considering this is an aerospace company) where their previous invention and technological work make more sense.
Scientists do all sorts of growth experiments in space, where a tank mounted light that can be exposed to water, with a built in cleaning device would be useful (if you didn't want water everywhere).
Before I get flamed, I am not claiming this to be true, I am simply thinking outside of the confines of our own use...
The fact that they had the foresight to patent an emerging technology, and that we as a community have taken ownership of that concept after the fact, does not make it legally any less theirs. Maybe their initial invention idea didn't pan out and they saw an opportunity to earn some money, maybe it is still in development and they wanted to stop further development by a future competitor, or maybe they really did want to build home aquarium lights as they claim... that doesn't change the fact that they were the first to LEGALLY file a patent for a commercially viable product.
I have what I think will be the next million dollar idea all the time, in fact, I dream of becoming rich inventing something, but I actually take the time to RESEARCH the filed patents with each of them before I consider putting any further effort and cost into developing the idea... a crucial step that wasn't mirrored by PFO apparently.
If I have a great idea and tell everyone I can think of before writing it up and applying for a patent, it is only my fault if someone else beats me to it.
Do I think it sucks to be PFO? Yes. Do I blame anyone other than them for their predicament? No. I don't mean to seem insensitive, but this makes sense to me, and I don't see the crime or grey area that most others seem to think exists.