IP-2022-000067 - [2025] EWHC 399 (IPEC)

The claimant (‘Prevayl’) is the owner of UK Patent GB 2 589 947 (‘the Patent’). It relates to a type of bra which incorporates technology that measures biosignals produced by the wearer, sometimes called a ‘smart bra’. (A biosignal is any signal emitted by a living being which can be measured and monitored.) For instance, electrodes can be used to measure the heart’s electrical activity during exercise, which may be informative of the health and fitness of the wearer.

Prevayl alleges that the defendant (‘Whoop’) has infringed the Patent. Whoop counterclaims, seeking a declaration that the Patent is invalid due to lack of novelty or inventive step over the cited prior art.