Patents - Prevayl Innovations Ltd v Whoop Inc.

Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) P revayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC) (27 Feb 2025) This was a claim by Prevayl Innovations Ltd ("Prevayl") against Whoop Inc ("Whoop") for the infringement of UK patent GB 2 589 947 ('the patent'). and a counterclaim by Whoop for a declaration of invalidity of the patent on the grounds of anticipation and obviousness. The action and counterclaim were tried by HH Judge Hacon on 20-21 Jan 2025. By para [95] of his judgment in P revayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC) which he delivered on 27 Feb 2025, the learned judge held the patent was invalid for lack of an inventive step. He added that had it been valid it would have been infringed. The Invention The invention for which the patent was granted was a "bra garment and method," Judge Hacon described it as a type of bra which incorporates technology that measures biosigna...