DCT

2:24-cv-02814

Evergreen Telemetry LLC v. Fieldpiece Instruments Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:24-cv-02814, D. Ariz., 10/17/2024
  • Venue Allegations: Plaintiff alleges venue is proper in the District of Arizona because Defendant has committed acts of infringement in the district and maintains a regular and established place of business through its in-district sales representative and distributors.
  • Core Dispute: Plaintiff alleges that Defendant’s Job Link System of wireless tools for HVAC professionals infringes three patents related to systems and methods for wirelessly collecting and displaying environmental data.
  • Technical Context: The technology involves wireless sensor networks for the heating, ventilation, and air conditioning (HVAC) industry, which allow technicians to monitor conditions at multiple points in a system in real-time on a remote display, aiming to improve the efficiency and accuracy of system testing and balancing.
  • Key Procedural History: The complaint details extensive pre-suit communications, beginning with a notice letter and claim chart for two patents sent in June 2022. Following notice of a third patent in March 2023, the parties disputed whether the accused products perform "simultaneous" measurements as required by a key claim. The complaint alleges that Defendant subsequently removed the word "simultaneously" from its product manual, only to reinsert it in a later version, a sequence of events Plaintiff presents as evidence of willful infringement.

Case Timeline

Date Event
2010-08-11 Priority Date for ’857, ’466, and ’798 Patents
2015-01-01 Accused "Job Link" System Launch
2017-03-28 U.S. Patent No. 9,605,857 Issues
2020-11-10 U.S. Patent No. 10,830,466 Issues
2022-06-01 Plaintiff provides Defendant with notice of the ’857 and ’466 Patents
2022-09-13 U.S. Patent No. 11,441,798 Issues
2023-03-08 Plaintiff provides Defendant with notice of the ’798 Patent
2023-04-20 Defendant responds to Plaintiff, denying infringement of the ’798 Patent
2024-01-04 Plaintiff responds to Defendant's denial of infringement
2024-04-08 Defendant provides a "Final Response" to Plaintiff
2024-10-17 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,605,857 - "WIRELESS SENSORS SYSTEM AND METHOD OF USING SAME"

  • Patent Identification: U.S. Patent No. 9,605,857, issued March 28, 2017.

The Invention Explained

  • Problem Addressed: The patent describes conventional HVAC testing as inefficient and prone to inaccuracy. Technicians often work in teams and must physically move between a measurement point (e.g., an air diffuser in a ceiling) and a control point (e.g., a fan or damper control), a process described as "wasteful back and forth travel" that leads to approximations rather than precise adjustments (’857 Patent, col. 3:41-52; Compl. ¶15). Prior tools were also described as unwieldy and lacking the ability to display concurrent measurements from different locations (Compl. ¶15).
  • The Patented Solution: The invention is a system of distributed wireless sensor modules that can be placed at various locations of interest within an HVAC system. These modules collect environmental data (e.g., temperature, pressure) and transmit it wirelessly to a control module, which can be a wearable device. This allows a single technician to view real-time data from multiple points simultaneously, even while making adjustments at a control point, thereby decoupling the location of measurement from the location of control and adjustment (’857 Patent, Abstract; col. 8:12-25; Compl. ¶16).
  • Technical Importance: This system architecture aims to significantly increase the speed and precision of HVAC "balancing," an iterative process critical for ensuring proper ventilation, energy efficiency, and occupant comfort in a building (’857 Patent, col. 4:10-24).

Key Claims at a Glance

  • The complaint asserts independent claim 1 and dependent claims 4 and 6 (Compl. ¶105).
  • Independent Claim 1 requires:
    • Two or more wireless sensor modules removably coupled to remote locations of an HVAC system.
    • A control module wirelessly coupled to the sensor modules.
    • Each sensor module comprising a sensor for parameters like air pressure, velocity, flow, temperature, or humidity.
    • The control module being configured to "simultaneously display" measurements from the multiple sensor modules on a screen.

U.S. Patent No. 11,441,798 - "WIRELESS SENSORS SYSTEM AND METHOD OF USING SAME"

  • Patent Identification: U.S. Patent No. 11,441,798, issued September 13, 2022.

The Invention Explained

  • Problem Addressed: As a continuation of the earlier patents, the ’798 Patent addresses the same fundamental problems of inefficiency and inaccuracy in HVAC testing caused by the spatial separation of measurement and control points (’798 Patent, col. 2:41-51). The background highlights the "laborious and error-prone operation" of procedures like a duct velocity traverse, which requires numerous measurements at different points within a duct (’798 Patent, col. 5:49-51).
  • The Patented Solution: The patent describes a system comprising at least two wireless sensor modules, each equipped with an air pressure sensor and a sensing probe. A key feature is that the sensor modules are "configured to simultaneously obtain air pressure measurements" and transmit them to a control module, which is "configured to simultaneously display" the measurements (’798 Patent, Claim 1). This allows a technician to see, for example, pressure before and after a component like a filter or coil in real-time.
  • Technical Importance: By enabling simultaneous acquisition and display of multiple pressure readings, the invention is designed to simplify and improve the accuracy of diagnosing HVAC system performance, such as determining pressure drops across components without repetitive, sequential measurements (’798 Patent, col. 3:9-24).

Key Claims at a Glance

  • The complaint asserts independent claim 1 and numerous dependent claims (Compl. ¶121).
  • Independent Claim 1 requires:
    • Two or more wireless sensor modules with air pressure sensors and probes, removably coupled to an HVAC system.
    • An attachment mechanism (e.g., clip, magnet).
    • A control module wirelessly coupled to the sensors.
    • The sensor modules are configured to "simultaneously obtain air pressure measurements."
    • The control module is configured to "simultaneously display the air pressure measurements" on a screen.

Multi-Patent Capsule: U.S. Patent No. 10,830,466 - "WIRELESS SENSORS SYSTEM AND METHOD OF USING SAME"

  • Patent Identification: U.S. Patent No. 10830466, issued November 10, 2020.
  • Technology Synopsis: The ’466 Patent, a continuation of the ’857 Patent, claims a method of performing an HVAC test and balance operation. The method involves removably coupling wireless sensors to an HVAC system, measuring parameters, wirelessly transmitting the measurements to a control module, and simultaneously displaying the results on the module's screen to allow a user to observe the real-time effects of adjustments (’466 Patent, Abstract; col. 2:35-53).
  • Asserted Claims: Claims 1, 2, and 5 are asserted (Compl. ¶113). Claim 1 is independent.
  • Accused Features: The complaint alleges that Defendant’s marketing and user manuals instruct and encourage users of the Job Link System to perform the patented method of placing sensors, taking measurements, and viewing real-time results on the app while making adjustments (Compl. ¶¶82, 101).

III. The Accused Instrumentality

Product Identification

The accused instrumentality is the "Job Link System" marketed and sold by Fieldpiece Instruments, Inc. (Compl. ¶¶17, 19). This system includes a family of wireless testing tools (e.g., manometers, pressure probes, pipe clamps) that operate in combination with the "Job Link" software application running on a smartphone or other computing device, which serves as the central controller and display (Compl. ¶¶18-19).

Functionality and Market Context

The Job Link System allows HVAC technicians to use various wireless probes to take measurements at different locations within an HVAC system and view the data in real-time on the Job Link app (Compl. ¶18). The complaint includes a marketing image from Defendant's website illustrating various tools communicating wirelessly with a central smartphone display. (Compl. p. 6, Example of the Fieldpiece Job Link System). The system is designed to "receive multiple measurements from varying locations in real-time and make adjustments on the spot" (Compl. ¶18). The complaint alleges the Job Link system was first launched in 2015 (Compl. ¶20).

IV. Analysis of Infringement Allegations

The complaint provides a detailed narrative infringement analysis for claim 1 of the ’798 Patent, but references external exhibits (not provided) for the ’857 and ’466 Patents. The following chart summarizes the narrative allegations for the ’798 Patent.

’798 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
two or more wireless sensor modules removably coupled to two or more locations of a heating, ventilation, and air conditioning system. Fieldpiece's JL3MN Manometer Probes are wireless sensor modules shown in product manuals being removably coupled to various locations on an HVAC duct system. Fig. 1e in the complaint depicts probes inserted into a duct wall. ¶75-76 col. 25:45-50
each of the two or more wireless sensor modules comprise an air pressure sensor and a sensing probe coupled to the air pressure sensor. The complaint alleges that a teardown of a JL3MN Manometer revealed a "Unisense US-9111-006S Semiconductor Pressure Sensor coupled to a sensing probe." Fig. 1d in the complaint shows photos of the disassembled product and sensor component. ¶85-87 col. 18:54-58
wherein the two or more wireless sensor modules are removably coupled... through two or more attachment mechanisms, each attachment mechanism comprising one of a clip, magnet, hook and loop fasteners, or adhesive dot. The JL3MN Operator's Manual is quoted as stating the device has a "powerful rotating magnet" for hands-free mounting to equipment. ¶91-92 col. 33:3-6
a control module wirelessly coupled to the two or more wireless sensor modules... The Job Link System uses a smartphone running the Job Link app as the control module, which wirelessly couples to the sensor probes. Fig. 1c in the complaint shows a graphic of the "Job Link Family of Tools" communicating with a central smartphone. ¶80-81 col. 12:35-39
wherein the two or more wireless sensor modules are configured to simultaneously obtain air pressure measurements... Defendant’s product manual and website literature for the JL3MN probe are quoted as stating it can "Measure real-time inlet and manifold pressures simultaneously with 2 Job Link manometers." ¶93-95 col. 3:9-24
wherein the control module is configured to simultaneously display the air pressure measurements from the two or more wireless sensor modules on a screen control module. Defendant's marketing material states the Job Link app provides "Live Measurements" and allows users to "[r]eceive multiple measurements from varying locations in real-time." Fig. 1j in the complaint shows a screenshot of the app displaying multiple readings. ¶99-100 col. 14:44-49
  • Identified Points of Contention:
    • Scope Questions: The central dispute, evidenced by the pre-suit correspondence, concerns the term "simultaneously obtain." A key question for the court will be whether this term requires literal, synchronous data acquisition by the sensors at the exact same instant, or if it can be read more broadly to cover a system that acquires and presents data from multiple sensors so rapidly that it is functionally simultaneous from a user's perspective.
    • Technical Questions: A factual question will be how the Job Link System's sensors and software actually operate. Does the system's protocol trigger multiple sensors to measure at the same time, or does the app poll them sequentially? The complaint's allegations regarding Defendant's changing product literature on the word "simultaneously" suggest this is a technically and legally sensitive point (Compl. ¶¶26-30).

V. Key Claim Terms for Construction

  • The Term: "simultaneously obtain" (’798 Patent, Claim 1)
  • Context and Importance: The definition of this term appears to be the core of the infringement dispute for the ’798 Patent. The complaint alleges that Defendant specifically denied infringement based on this limitation and then altered its product literature concerning "simultaneous" measurements, indicating its perceived importance (Compl. ¶¶26, 29). Practitioners may focus on this term because its construction could be dispositive of infringement.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: Language in the specification of the parent ’466 Patent, discussing the need to "measure all four of these temperatures concurrently, and provide them in real time to the technician," could support a functional interpretation focused on the user's ability to see and act on multiple data points at once, rather than on the underlying clock-cycle timing of the hardware (’466 Patent, col. 4:63-66).
    • Evidence for a Narrower Interpretation: The specification also describes a system where "Results arrive regularly to a location where a technician can easily view" them (’466 Patent, col. 8:59-61). The use of "regularly" rather than "simultaneously" in this context could be used to argue that when the patentee did use "simultaneously," a more literal, technically precise meaning was intended, potentially requiring a single trigger for data acquisition across multiple sensors.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges both induced and contributory infringement for all asserted patents (Compl. ¶¶106, 114, 122). The inducement allegation is based on Defendant providing user manuals, technical documents, and a website that allegedly "actively encourage its users to download the Job Link software" and use it with the sensors in an infringing manner (Compl. ¶¶82, 101). Contributory infringement is alleged on the basis that the Job Link sensors and software have no substantial non-infringing uses when taken alone (Compl. ¶83).
  • Willful Infringement: Willfulness is alleged for all asserted patents. The claim is based on alleged pre-suit knowledge via notice letters with infringement claim charts sent as early as June 1, 2022 (Compl. ¶¶23-24). The allegations are further supported by the claim that Defendant, after being notified of the patents and the specific "simultaneously obtain" limitation, temporarily removed the word "simultaneously" from its product manual before later reinserting it, which Plaintiff characterizes as "wanton, malicious and/or bad-faith conduct" (Compl. ¶¶29-32).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of definitional scope: can the term "simultaneously obtain," as used in the ’798 Patent, be construed to cover a system that presents multiple real-time measurements to a user, or does it require proof of a specific, synchronous data acquisition architecture at the hardware level?
  • A key question of intent will determine willfulness: what was Defendant's motive for allegedly altering its technical manual to remove, and later reinsert, the word "simultaneously" after receiving Plaintiff's infringement allegations? This narrative will likely be central to any potential award of enhanced damages.
  • The case also raises a question of system liability: does the combination of Defendant's wireless hardware tools and a customer's own general-purpose smartphone running Defendant's app constitute the claimed "system" and "control module," and how will the court analyze infringement and damages in this distributed context?