DCT

1:25-cv-01469

Thermasense Corp v. Omega Engineering Inc

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Amended Complaint
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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 1:25-cv-01469, D. Del., 05/14/2026
  • Venue Allegations: Venue is alleged to be proper in the District of Delaware because all three defendants are corporations organized and existing under the laws of Delaware, and thus are residents of the district.
  • Core Dispute: Plaintiff alleges that Defendants' High Accuracy Non-Invasive (HANI) sensor products infringe two patents related to non-invasive thermal interrogation technology.
  • Technical Context: The technology concerns non-invasive sensors that determine the internal temperature of an object, such as fluid in a pipe, by simultaneously measuring heat flux and temperature from the object's exterior surface, aiming to replace costly and risky invasive probes.
  • Key Procedural History: The complaint details extensive pre-suit communications, alleging that Plaintiff first put Defendant Omega on notice of its technology via a PCT application in July 2021. It further alleges specific notice of the '626 Patent upon its issuance in 2023 and the '477 Patent upon its issuance in 2025, as well as continued infringement after the filing of the original complaint on February 27, 2026.

Case Timeline

Date Event
2019-07-01 Priority Date for '626 and '477 Patents
2021-05-01 Omega launches HANI product line
2021-07-15 ThermaSENSE first contacts Omega regarding its PCT Application
2022-12-20 Omega expands HANI product line for plastic pipes
2023-05-01 ThermaSENSE receives Notice of Allowance for the '626 Patent
2023-06-07 Omega launches HANI product line for tanks
2023-06-27 U.S. Patent No. 11,686,626 issues
2023-08-01 ThermaSENSE notifies Omega of '626 Patent issuance and infringement
2023-10-24 Omega launches new versions of HANI product lines
2024-01-04 DwyerOmega representative responds to ThermaSENSE
2025-05-27 U.S. Patent No. 12,313,477 issues
2025-06-01 ThermaSENSE notifies DwyerOmega of '477 Patent issuance
2026-02-27 Original complaint in the case filed
2026-05-14 Amended Complaint filed

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

U.S. Patent No. 11,686,626

  • Patent Identification: U.S. Patent No. 11,686,626 ("Apparatus, systems, and methods for non-invasive thermal interrogation"), issued June 27, 2023 (the "'626 Patent"). Compl. ¶30

The Invention Explained

  • Problem Addressed: The patent describes the problems with traditional methods for measuring the internal temperature of an object like a pipe, which are either invasive (requiring drilling and insertion of probes) or inaccurate if based only on non-invasive temperature readings. Compl. ¶15 '626 Patent, col. 8:25-58 Invasive methods are costly, complex, and can introduce inaccuracies or structural risks. Compl. ¶15 '626 Patent, col. 8:45-58
  • The Patented Solution: The invention is a system that uses a non-invasive sensor placed on the surface of an object to simultaneously measure both surface temperature and surface heat flux (the rate of heat transfer) Compl. ¶17 '626 Patent, abstract Circuitry then processes these two distinct signals-temperature and heat flux-using thermal models to determine the internal temperature distribution of the object accurately and rapidly. '626 Patent, col. 1:52-2:14 Figure 8 of the patent illustrates the system architecture, showing signals from a "Temperature Sensor" and "Heat Flux Sensor" being fed into a "Data Acquisition System" and processed by "Control Circuitry." '626 Patent, Fig. 8
  • Technical Importance: This technology allows for accurate, real-time measurement of internal process temperatures without the cost, downtime, and contamination risks associated with physically penetrating industrial equipment. Compl. ¶21 Compl. ¶37

Key Claims at a Glance

  • The complaint asserts independent Claim 76. Compl. ¶59
  • The essential elements of independent Claim 76 are:
    • A system for non-invasive sensing of a pipe or tank object containing a fluid.
    • A temperature sensor for providing a temperature signal.
    • A heat-flux sensor for providing a heat-flux signal indicating thermal energy transfer.
    • Circuitry coupled to the sensors.
    • The circuitry is adapted to determine the temperature of the fluid based on at least the temperature signal and the heat-flux signal.
  • The complaint does not explicitly reserve the right to assert other claims but states infringement of "at least claim 76." Compl. ¶59

U.S. Patent No. 12,313,477

  • Patent Identification: U.S. Patent No. 12,313,477 ("Apparatus, systems, and methods for non-invasive thermal interrogation"), issued May 27, 2025 (the "'477 Patent"). Compl. ¶31

The Invention Explained

  • Problem Addressed: As a continuation of the application leading to the '626 Patent, the '477 Patent addresses the same technical problem: the shortcomings of invasive probes and prior non-invasive techniques for measuring internal temperature in industrial and other applications. '477 Patent, col. 8:25-58
  • The Patented Solution: The patented solution is an apparatus comprising a non-invasive sensor that combines a temperature sensor and a heat-flux sensor. '477 Patent, abstract Circuitry receives signals from both sensors and uses them in combination to determine the internal temperature of a fluid within a pipe or tank. '477 Patent, col. 1:52-2:4 The simultaneous measurement of both temperature and heat flux is key to providing an accurate, non-invasive reading. Compl. ¶17 '477 Patent, col. 2:25-34
  • Technical Importance: The invention enables industries such as food and beverage, pharmaceuticals, and others to monitor critical process temperatures without invasive hardware, improving safety, efficiency, and accuracy. Compl. ¶53 '477 Patent, col. 13:25-56

Key Claims at a Glance

  • The complaint asserts independent Claim 1. Compl. ¶70
  • The essential elements of independent Claim 1 are:
    • An apparatus for non-invasively sensing a fluid temperature inside a pipe or tank object.
    • A temperature sensor with one or more output terminals.
    • A heat-flux sensor with one or more output terminals.
    • Circuitry coupled to the terminals to:
      • receive a temperature signal.
      • receive a heat-flux signal indicating thermal energy transfer.
      • determine the fluid's temperature based on at least the temperature and heat-flux signals.
  • The complaint states that Defendants infringe "at least claim 1 of the '477 Patent." Compl. ¶70

III. The Accused Instrumentality

  • Product Identification: The accused products are Defendant Omega's High Accuracy Non-Invasive ("HANI") product line, which includes sensors for sanitary and industrial metal pipes, plastic pipes, and tanks. Compl. ¶35 Compl. ¶43
  • Functionality and Market Context: The HANI products are described as "clamp-on" sensors that can be installed on the exterior of a pipe or tank to measure the internal temperature of the fluid inside. Compl. ¶37 Compl. ¶38 The complaint alleges that the HANI products achieve their function by using a "thin-film heat flux sensor to assist in the temperature calculation" in conjunction with a temperature sensor and a "proprietary algorithm." Compl. ¶22 The products are marketed as a "game-changer" that provides the accuracy of an invasive probe without the associated costs, risks, and downtime for installation or relocation. Compl. ¶37 Compl. ¶38 The complaint notes the HANI product line has received industry awards. Compl. ¶35

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

'626 Patent Infringement Allegations

Claim Element (from Independent Claim 76) Alleged Infringing Functionality Complaint Citation Patent Citation
A system for non-invasive sensing of a pipe or tank object having a volume with a surface and an internal region, the system comprising: The HANI product line is a system of non-invasive sensors for use on pipes and tanks. ¶35; ¶43 col. 78:59-61
a temperature sensor having one or more output terminals; The HANI products are alleged to incorporate a temperature sensor to measure surface temperature. ¶36 col. 78:62-63
a heat-flux sensor having one or more output terminals; The HANI products are alleged to use a "thin-film heat flux sensor to assist in the temperature calculation." ¶22 col. 78:64-65
and circuitry coupled to the output terminals and adapted to: ... determine the temperature of the fluid contained within the pipe or tank object ... based on at least the temperature signal and the heat-flux signal; The HANI products allegedly use a "proprietary algorithm" (circuitry) that processes signals from both the temperature and heat-flux sensors to determine the internal temperature. ¶22; ¶36 col. 78:66-79:10

'477 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
An apparatus for non-invasively sensing a temperature of a fluid contained within a pipe or tank object, the apparatus comprising: The HANI product line is described as an apparatus for non-invasively sensing the temperature of fluids in pipes and tanks. ¶35; ¶43 col. 67:27-30
a temperature sensor having one or more output terminals; The HANI products are alleged to use a temperature sensor. ¶36 col. 67:31-32
a heat-flux sensor having one or more output terminals; The HANI products are alleged to use a "thin-film heat flux sensor." ¶22 col. 67:33-34
and circuitry coupled to the output terminals and adapted to: ... determine the temperature of the fluid ... based on at least the temperature signal and the heat-flux signal. The HANI products are alleged to use a "proprietary algorithm" (circuitry) to calculate the internal temperature using inputs from both the temperature and heat-flux sensors. ¶22; ¶36 col. 67:35-43
  • Identified Points of Contention:
    • Scope Questions: The complaint preemptively raises a potential claim construction issue by distinguishing between a "heat flux sensor" as claimed in the patents and prior art "heat flux devices" that merely calculated heat flux from spaced-apart temperature sensors. Compl. ¶¶18-20 A dispute may arise over whether the "thin-film heat flux sensor" in the HANI product falls within the scope of the claimed "heat-flux sensor," which the patent describes as providing benefits like a fast response time. '626 Patent, col. 12:15-22
    • Technical Questions: The infringement allegation hinges on the operation of the accused "proprietary algorithm." Compl. ¶22 A central evidentiary question will be whether this algorithm performs the function of "determin[ing]" the internal temperature "based on at least the temperature signal and the heat-flux signal" as required by the claims. The specifics of this determination, and whether it aligns with the thermal models disclosed in the patent specifications, will be a key focus for the court.

V. Key Claim Terms for Construction

1. "heat-flux sensor"

  • The Term: "heat-flux sensor"
  • Context and Importance: This term is central to the asserted claims of both patents. The complaint alleges that the novelty of the invention lies in using a specific type of heat-flux sensor, not just any device that can derive a heat flux value. Compl. ¶¶18-20 Practitioners may focus on this term because its construction could either broaden the claims to cover a wider range of technologies or narrow them to the specific embodiments described in the patent.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claims broadly recite a "heat-flux sensor having one or more output terminals." '626 Patent, cl. 76 The specification defines it functionally as a sensor "designed to measure heat transfer (e.g., heat flux) using differential voltage output signals that are a consequence of the heat transfer...flowing through the sensor." '626 Patent, col. 11:66-12:3
    • Evidence for a Narrower Interpretation: The specification states that a "heat flux sensor is typically thin and has a fast response time as a result of its design," which provides benefits like "increased accuracy, a smaller form factor, and robust measurement capability." '626 Patent, col. 12:15-20 The complaint itself emphasizes these characteristics. Compl. ¶19 A party could argue these descriptions limit the term to sensors with such properties, distinguishing them from prior art.

2. "circuitry ... to ... determine ... based on"

  • The Term: "circuitry ... adapted to: ... determine the temperature of the fluid ... based on at least the temperature signal and the heat-flux signal"
  • Context and Importance: This limitation defines the core processing step of the invention. The infringement analysis will depend on whether the defendant's "proprietary algorithm" Compl. ¶22 performs this function. The scope of "based on" is critical-it will define what relationship must exist between the sensor inputs and the determined temperature output for infringement to occur.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The plain language "based on" could be interpreted broadly to mean simply "using as an input." This would suggest that any algorithm that uses both signals to calculate the temperature would meet the limitation, regardless of the specific mathematical technique.
    • Evidence for a Narrower Interpretation: The specification provides extensive detail on specific "thermal mathematical models" for calculating internal temperature, including partial differential equations and solutions that use the heat flux measurement as a direct "boundary condition." '626 Patent, col. 23:55-62 '626 Patent, Table 1 A party could argue that "determine...based on" requires the use of such a physics-based model, rather than a simple empirical correlation or black-box machine learning algorithm.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges both induced and contributory infringement, asserting that Defendants distribute and market literature that teaches customers to use the HANI products in an infringing manner. Compl. ¶61 Compl. ¶72 It further alleges that there are "no non-infringing uses of the HANI devices." Compl. ¶60 Compl. ¶71
  • Willful Infringement: The complaint alleges willful infringement based on a detailed timeline of pre-suit knowledge. It alleges Plaintiff first notified Omega of its pending patent rights in July 2021. Compl. ¶41 It further alleges specific notice of infringement upon the issuance of the '626 Patent in August 2023 Compl. ¶45 and the '477 Patent in June 2025 Compl. ¶49 The complaint also asserts that Defendants continued to sell the accused products even after the original complaint in this action was filed. Compl. ¶51

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

  • A core issue will be one of definitional scope: does the term "heat-flux sensor", as used in the patents, require the "thin-film," "fast response" characteristics described in the specification and emphasized by the Plaintiff, or does it cover any device that outputs a heat-flux signal? The answer will determine the universe of relevant prior art and the breadth of the claims.
  • A second central question will be one of operational infringement: does the accused HANI "proprietary algorithm" function in a way that meets the claim limitation "determine... based on at least the temperature signal and the heat-flux signal"? This will likely involve a deep evidentiary dive into the Defendants' trade-secret algorithm and a legal battle over whether "based on" requires the implementation of the physics-based thermal models disclosed in the patents or if any algorithmic use of the two signals suffices.
  • Finally, a key factual question for damages will be one of timing and willfulness: given the extensive pre-suit notice alleged in the complaint, did Defendants' conduct following the issuance of each patent rise to the level of willful infringement, potentially exposing them to enhanced damages?
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