The LED market is finding ways to proceed here -- mostly in the form of offsetting the controls of the LED's to controllers (how AquaIllumination has escaped suit so far, or so the assumption goes)... the Orbitec patent specifically deals with timing and finite controls of the LED's in conjunction with a marine environment, but does not limit the use of LED's in general over a marine environment..

Other companies, like this one, are just proceeding in other markets instead of the US..

-Justin