DCT
1:25-cv-01469
Thermasense Corp v. Omega Engineering Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: ThermaSENSE Corp. (Virginia)
- Defendant: Omega Engineering, Inc. (Delaware), et al.
- Plaintiff’s Counsel: Fish & Richardson P.C.
- Case Identification: 1:25-cv-01469, D. Del., 12/04/2025
- Venue Allegations: Venue is alleged to be proper for Delaware-incorporated defendants as they reside in the district, and for foreign defendants as venue is proper in any judicial district.
- Core Dispute: Plaintiff alleges that Defendant’s non-invasive temperature sensors infringe patents related to non-invasive thermal interrogation technology.
- Technical Context: The technology uses surface-mounted heat flux and temperature sensors to determine the internal temperature of an object, a capability significant for process control in industries such as food and beverage manufacturing.
- Key Procedural History: The complaint alleges an extensive history of pre-suit communications, beginning in July 2021 with notice of a pending PCT application. Plaintiff alleges it subsequently notified Defendant of the issuance of both the ’626 Patent (in August 2023) and the ’477 Patent (in June 2025), but Defendant allegedly continued its conduct, forming the basis for Plaintiff’s willfulness allegations.
Case Timeline
| Date | Event |
|---|---|
| 2019-07-01 | Patent Priority Date for ’626 and ’477 Patents |
| 2021-05-01 | Accused Omega HANI Product Line Launched |
| 2021-07-15 | ThermaSENSE first contacted Omega regarding its PCT Application |
| 2021-10-01 | ThermaSENSE invited Omega to licensing discussions |
| 2022-12-20 | Omega expanded HANI product line for plastic pipes |
| 2023-06-07 | Omega launched HANI product line for tanks |
| 2023-06-27 | U.S. Patent No. 11,686,626 Issued |
| 2023-08-01 | ThermaSENSE notified Omega of ’626 Patent issuance |
| 2023-10-24 | Omega launched improved versions of HANI products |
| 2024-01-04 | ThermaSENSE followed up with new DwyerOmega leadership |
| 2025-05-27 | U.S. Patent No. 12,313,477 Issued |
| 2025-06-01 | ThermaSENSE followed up regarding ’477 Patent coverage |
| 2025-12-04 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,686,626 - "Apparatus, systems, and methods for non-invasive thermal interrogation"
- Patent Identification: U.S. Patent No. 11,686,626, titled “Apparatus, systems, and methods for non-invasive thermal interrogation,” issued on June 27, 2023 (’626 Patent). (Compl. ¶47).
The Invention Explained
- Problem Addressed: The patent background describes the limitations of existing temperature measurement techniques. Invasive probes, such as thermowells inserted into pipes, are noted to be complicated, costly, slow to respond, and potentially inaccurate. (’626 Patent, col. 8:26-55). Alternative non-invasive methods that rely solely on surface temperature are also described as being typically slow and inaccurate. (’626 Patent, col. 9:15-30).
- The Patented Solution: The invention is a system for non-invasively sensing the internal properties of an object by using a sensor placed on its surface. This sensor simultaneously measures both surface temperature and the heat flux (heat transfer) at the surface. Control circuitry processes these two distinct signals to determine internal characteristics, including the internal temperature distribution of the object. (’626 Patent, Abstract; col. 1:52-2:12).
- Technical Importance: This approach enables the accurate and rapid determination of an object's internal temperature without the need for physical penetration, thereby addressing the drawbacks of both invasive probes and traditional surface-only temperature measurement. (Compl. ¶54).
Key Claims at a Glance
- The complaint asserts at least independent claim 76. (Compl. ¶73).
- The essential elements of claim 76 include:
- A non-invasive sensor comprising a heat flux sensor and a temperature sensor, adapted to be placed on the surface of a pipe.
- Circuitry coupled to the sensor outputs.
- The circuitry is configured to receive measured temperature and heat flux signals.
- The circuitry is further configured to determine an internal temperature distribution of the pipe based on at least the measured temperature and heat flux signals, and to generate information indicating that distribution.
U.S. Patent No. 12,313,477 - "Apparatus, systems, and methods for non-invasive thermal interrogation"
- Patent Identification: U.S. Patent No. 12,313,477, titled “Apparatus, systems, and methods for non-invasive thermal interrogation,” issued on May 27, 2025 (’477 Patent). (Compl. ¶48).
The Invention Explained
- Problem Addressed: As a continuation of the application leading to the ’626 Patent, this patent addresses the same technical problems related to the cost, complexity, and inaccuracy of conventional invasive and non-invasive temperature sensing methods. (’477 Patent, col. 8:26-55).
- The Patented Solution: The patented solution is a system that uses a non-invasive sensor combining a heat flux sensor and a temperature sensor. Circuitry analyzes the signals from these sensors to determine the internal temperature distribution. This patent's claims add a specific intermediate step of first using the sensor data to determine an "indicative quantity" for an internal physical parameter (e.g., thermal conductivity), and then using that quantity to calculate the internal temperature. (’477 Patent, Abstract; col. 1:55-2:14).
- Technical Importance: The invention provides a structured, multi-step analytical method for non-invasively determining an object's internal temperature, potentially enhancing accuracy by first characterizing the object's physical properties. (Compl. ¶54).
Key Claims at a Glance
- The complaint asserts at least independent claim 1. (Compl. ¶85).
- The essential elements of claim 1 include:
- A non-invasive sensor with a heat flux sensor and a temperature sensor, adapted for placement on an object's surface.
- Circuitry coupled to the sensors.
- The circuitry is configured to receive the temperature and heat flux signals.
- The circuitry is configured to first determine an "indicative quantity for one or more of the internal parameters."
- The circuitry then determines an internal temperature distribution based on the sensor signals and the determined "indicative quantity."
- The circuitry generates information indicating the internal temperature distribution.
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are products in Defendant Omega’s “High Accuracy Non-Invasive (‘HANI’)” product line, designed for use on sanitary and industrial metal pipes, plastic pipes, and tanks. (Compl. ¶¶52, 60).
Functionality and Market Context
The HANI products are described as clamp-on sensors that non-invasively determine the internal temperature of a fluid contained within a pipe or tank. (Compl. ¶¶54, 60). Omega's own whitepaper allegedly attributes the HANI products' performance to technology that utilizes measurements from both a heat flux sensor and a temperature sensor to determine the internal temperature. (Compl. ¶53). An Omega marketing publication, referenced as Exhibit M, describes the HANI product as a "game-changer" that can be clamped on to read temperature and relocated in minutes. (Compl. ¶54). The products are allegedly marketed to the food, beverage, dairy, ice cream, life sciences, and semiconductor industries and have received industry awards as an alternative to invasive probes. (Compl. ¶¶52, 55).
IV. Analysis of Infringement Allegations
’626 Patent Infringement Allegations
| Claim Element (from Independent Claim 76) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a non-invasive sensor including: a heat flux sensor having one or more heat flux sensor output terminals; and a temperature sensor having one or more temperature sensor output terminals... | The HANI product is a non-invasive, clamp-on sensor that allegedly uses measurements from a heat flux sensor and a temperature sensor. | ¶¶53-54 | col. 1:55-60 |
| wherein the non-invasive sensor is adapted to be placed on or near the surface of a pipe | The HANI product line is designed for use on "sanitary and industrial metal pipes" and "plastic pipes." | ¶¶52, 60 | col. 45:45-47 |
| circuitry coupled to the one or more heat flux sensor output terminals and the one or more temperature sensor output terminals to: ... determine an internal temperature distribution of the internal region of the pipe... | The HANI products allegedly use the measurements from the heat flux and temperature sensors to "determine the internal temperature of a pipe." | ¶53 | col. 2:1-12 |
’477 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a non-invasive sensor including: a heat flux sensor... a temperature sensor... | The HANI product is a non-invasive sensor that allegedly utilizes measurements from a heat flux sensor and a temperature sensor. | ¶¶53-54 | col. 1:57-61 |
| circuitry... to: ... determine an indicative quantity for one or more of the internal parameters... determine an internal temperature distribution... based on at least... the one or more indicative quantities determined for the one or more internal parameters... | The HANI products allegedly use measurements from the heat flux and temperature sensors to "determine the internal temperature of a pipe." | ¶53 | col. 2:5-12 |
Identified Points of Contention
- Technical Questions: A central question for the ’477 Patent will be whether the accused HANI products perform the specific, two-step process recited in claim 1: first "determin[ing] an indicative quantity for one or more of the internal parameters," and then using that quantity to determine the temperature distribution. The complaint does not provide sufficient detail for analysis of this specific algorithmic step.
- Scope Questions: The infringement analysis may raise questions about the scope of "circuitry," and whether the specific data processing methods used in the HANI products perform the functions of "determin[ing] an internal temperature distribution" in the manner claimed by the patents.
V. Key Claim Terms for Construction
The Term: "internal temperature distribution"
Context and Importance: This term defines the output of the claimed system. Its construction is critical because it will determine whether calculating a single internal temperature point is sufficient to infringe, or if a more complex temperature profile across multiple depths is required.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification suggests the term can encompass a single point, stating it "includes a single temperature at a specific depth in the object at one or more specified times, multiple temperatures as a function of depth... [or] a single average temperature." (’626 Patent, col. 14:12-19).
- Evidence for a Narrower Interpretation: A defendant may argue that the word "distribution" implies a set of multiple data points, not a single value, and that the claim language "internal temperature distribution of the internal region" suggests a profile covering a spatial region.
The Term: "determine an indicative quantity for one or more of the internal parameters" (’477 Patent)
Context and Importance: Practitioners may focus on this term because it is a key limitation in claim 1 of the ’477 patent that is not present in claim 76 of the ’626 patent. Infringement of the ’477 patent will likely depend on whether the accused products are found to perform this specific intermediate calculation step.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification provides a broad, non-limiting list of "internal parameters," including thermal conductivity, density, heat capacity, and steady-state thermal resistance, suggesting "indicative quantity" could cover a wide range of intermediate calculations. (’477 Patent, col. 13:34-45).
- Evidence for a Narrower Interpretation: The claim’s structure suggests a sequential process: first determine the "indicative quantity," then use that quantity to determine the temperature. A defendant may argue this requires an explicit, discrete calculation of a recognized physical property, and that an integrated algorithm that directly calculates temperature from sensor inputs does not meet this limitation.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement and contributory infringement against Omega and DwyerOmega, based on the allegation that they distribute and market materials that instruct customers on how to use the HANI products in an infringing manner. (Compl. ¶¶75, 87). The complaint further alleges that there are no non-infringing uses for the HANI devices. (Compl. ¶¶74, 86).
- Willful Infringement: The complaint alleges knowing, deliberate, and willful infringement based on pre-suit knowledge. It alleges Plaintiff notified Omega of the related PCT application as early as July 2021 and of the issued ’626 and ’477 patents upon their respective issuances in 2023 and 2025, but that Defendants continued to make, use, and sell the accused products. (Compl. ¶¶58-68).
VII. Analyst’s Conclusion: Key Questions for the Case
- A key evidentiary question will be one of algorithmic functionality: Does the software or firmware in the accused HANI products perform the specific, two-step calculation recited in claim 1 of the ’477 Patent—first determining an intermediate "internal parameter" and then using it to find the temperature—or does it use a different method? Resolution will likely require discovery into the accused products' source code and operation.
- A core issue will be one of definitional scope: How will the court construe "internal temperature distribution"? The outcome may determine whether proof of calculating a single core temperature is sufficient for infringement or if Plaintiff must show the accused products calculate a more complex temperature profile.
- A central question for damages will be state of mind: Given the detailed allegations of pre-suit notice dating back several years before the complaint was filed, the willfulness inquiry will likely focus on whether Defendant's continued sales after receiving notice of the patents constituted objectively reckless conduct warranting enhanced damages.