DCT
2:25-cv-09685
Eight Sleep Inc v. Orion Longevity Inc
Key Events
Amended Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Eight Sleep Inc. (Delaware)
- Defendant: Orion Longevity Inc. (Delaware) and Blue Fuzion Group Ltd. (Hong Kong)
- Plaintiff’s Counsel: Wilson Sonsini Goodrich & Rosati
- Case Identification: 2:25-cv-09685, C.D. Cal., 12/16/2025
- Venue Allegations: Venue for Orion is based on its alleged regular and established place of business within the Central District of California, coupled with alleged acts of infringement. Venue for Blue Fuzion Group, a foreign entity, is asserted as proper in any judicial district.
- Core Dispute: Plaintiff alleges that Defendant’s temperature-regulating mattress cover system infringes patents related to gathering users' biological signals and using that data to control bed temperature.
- Technical Context: The technology lies in the "sleep fitness" market, which integrates biometric sensors and active thermal regulation into bedding products to dynamically manage the sleep environment and improve sleep quality.
- Key Procedural History: This First Amended Complaint follows an original complaint that Plaintiff alleges put Defendants on notice of the asserted patents. A central dispute previewed in the complaint is whether the accused product was functional and being offered for sale when the original suit was filed, or whether it was merely an "incomplete" prototype still under development, as Defendant Orion has allegedly asserted.
Case Timeline
| Date | Event |
|---|---|
| 2014-06-05 | Earliest Priority Date ('461, '240, '339 Patents) |
| 2020-10-06 | '461 Patent Issued |
| 2025-10-01 | Orion allegedly conducting testing in U.S. (approximate date) |
| 2025-11-11 | Orion Instagram post advertising accused product |
| 2025-11-18 | Orion CEO Reddit post promoting accused product |
| 2025-12-11 | Orion press release announcing launch of accused product |
| 2025-12-12 | Orion website states accused product is "Ready to ship" |
| 2025-12-16 | First Amended Complaint Filed |
| 2025-07-29 | '339 Patent Issued |
| 2025-08-05 | '240 Patent Issued |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,792,461 - *"Methods and Systems for Gathering and Analyzing Human Biological Signals"*
The Invention Explained
- Problem Addressed: The patent's background section describes the different stages of sleep (e.g., non-REM, REM) and notes that existing technologies like electric blankets are simplistic, requiring manual operation and offering no functionality beyond basic warming (’461 Patent, col. 1:31-57; col. 1:65-2:4). The implicit problem is the lack of a system that can intelligently and automatically manage the sleep environment in response to a user's biological state.
- The Patented Solution: The invention is a system for a bed device that uses embedded sensors to gather biological signals (e.g., heart rate, temperature, motion) from multiple users. A processor analyzes these signals to identify each user and then regulates the temperature of different zones of the bed based on each user's specific identity and associated data (’461 Patent, Abstract; col. 7:5-15). This allows the system to correctly apply personal preferences even if users switch sides of the bed (’461 Patent, col. 7:5-9).
- Technical Importance: The technology enables a shift from static, manual bed warming to automated, dynamic, and personalized thermal regulation based on real-time biometric feedback and unique user identification (’461 Patent, col. 18:1-8).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶50).
- Essential elements of Claim 1 include:
- At least one sensor as part of a bed device, configured to detect a user's biological signal.
- A temperature control device coupled to the bed device to regulate its temperature.
- A processor coupled to the sensor and temperature control device.
- The processor is configured to identify the user from a plurality of users based on the biological signal and regulate the temperature based on the user's identity.
- Biological signal data used for identification is stored for processor access.
U.S. Patent No. 12,377,240 - *"Methods and Systems for Gathering and Analyzing Human Biological Signals"*
The Invention Explained
- Problem Addressed: The claims recited in the complaint address the technical challenge of providing distinct, personalized thermal environments for two individuals sharing the same bed.
- The Patented Solution: The patent claims a method and system for operating a dual-zone bed device. The system obtains a first biological signal from a first user in a first zone and a second biological signal from a second user in an adjacent second zone (Compl. ¶64). It then generates separate control signals to heat or cool each zone to a different temperature, with each temperature being based at least in part on a "user-specified preference" for the user in that zone (Compl. ¶64). Asserted claim 29 is a system claim comprising a processor and memory with instructions to implement this method (Compl. ¶65).
- Technical Importance: This approach provides a technical framework for independent, preference-driven, dual-zone climate control within a single sleep surface.
Key Claims at a Glance
- The complaint asserts independent claim 29, which incorporates the method of claim 1 (Compl. ¶¶ 64-65).
- Essential elements of Claim 29 (incorporating Claim 1) include:
- A sleep system with a processor and memory to implement a method.
- The method involves obtaining separate biological signals from a first user (first zone) and a second user (second zone).
- Generating control signals to set the first zone to a first temperature and the second zone to a different, second temperature.
- The first instruction is based in part on a first user-specified preference, and the second instruction is based in part on a second user-specified preference.
- Sending the signals to heat or cool the zones differently.
U.S. Patent No. 12,370,339 - *"Methods and Systems for Gathering and Analyzing Human Biological Signals"*
Technology Synopsis
This patent claims a method and system for timed and responsive temperature regulation. The invention first determines and sends an initial control signal to turn a bed device on and set a first temperature based on factors like a user's bedtime or presence. While the device is on, it obtains a second, different biological signal (e.g., sleep stage data) and uses it to determine a second control signal to adjust the temperature to a new level (Compl. ¶79). This covers a sequence of pre-conditioning the bed and then dynamically adjusting it based on real-time sleep monitoring.
Asserted Claims
Claim 29 (a system claim depending on method claim 1) (Compl. ¶¶ 79, 80).
Accused Features
The complaint alleges that Orion's "AI-powered smart temperature adjustment," "custom bedtime schedules," and technology that "kicks in to cool or heat your body to your personal perfect temperature" infringe this patent (Compl. ¶¶ 83, 86).
III. The Accused Instrumentality
Product Identification
The "Orion Sleep System" (the "Accused Product"), which consists of a "Smart Cover" mattress pad, a "Control Tower" hydro-cooling unit, and a "Smart Mode" software feature (Compl. ¶28).
Functionality and Market Context
- The Accused Product is a mattress cover equipped with sensors that fits over an existing mattress to provide active temperature regulation (Compl. ¶¶ 28, 34).
- It is alleged to use "embedded smart sensors" to monitor a user's biological signals, including sleep patterns and biometrics, to enable "AI powered thermoregulation" throughout all sleep stages (Compl. ¶¶ 31, 52). A screenshot provided in the complaint shows Orion advertising "Embedded smart sensors track your sleep pattern and biometrics" (Compl. p. 25).
- A key advertised feature is "dual-zone temperature control" that allows two partners to "enjoy your ideal sleep climate individually" (Compl. ¶34). Another screenshot shows a user interface depicting personalized temperature settings for "Caroline" on the left and "Alex" on the right side of the bed (Compl. p. 24).
- The complaint alleges that Orion explicitly positions itself as a direct competitor to Eight Sleep, providing a side-by-side feature comparison on its website that highlights functionalities like "Embedded sleep sensors" and "Thermoregulation mode" (Compl. ¶33, p. 16).
IV. Analysis of Infringement Allegations
'461 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| at least one sensor that is a part of said bed device... configured to detect a biological signal of a user of said bed device... | The Orion "Smart Cover" is alleged to contain "embedded smart sensors" that track user biometrics and sleep patterns. | ¶52 | col. 5:11-14 |
| a temperature control device operatively coupled to said portion of said bed device... configured to regulate said temperature... | The Orion Sleep System includes a "Control Tower" and heating/cooling elements in the Smart Cover to regulate the bed's temperature. | ¶53 | col. 2:20-22 |
| a processor... configured to identify said user from a plurality of users of said bed device based on said biological signal, and regulate said temperature... based on said user's identity | The Orion system allegedly provides "Personalized cooling for each sleeper" and is "truly personalized to you based on your sleep data," which is alleged to require identifying the user to apply their specific data and preferences. | ¶55 | col. 20:1-6 |
| wherein biological signal data to identify each user of said plurality of users is stored for access by said processor... | The system's personalization based on a user's "sleep data and comfort profile" is alleged to require the storage of that biological data and its association with a specific user for access by the system's processor. | ¶56 | col. 20:7-12 |
- Identified Points of Contention:
- Scope Questions: A central question may be the scope of the term "identify said user from a plurality of users." The analysis may focus on whether the accused system’s alleged function of associating biometric data with a specific side of the bed is sufficient to meet the claim's requirement of identifying a user, who could potentially switch sides.
- Technical Questions: A key factual dispute, as framed by the complaint, is whether the Accused Product was functional and offered for sale at the time of the original lawsuit. The complaint presents user testimonials and CEO statements as evidence of use and offers to sell (Compl. ¶¶ 43-45), while noting Orion’s position that the product was "incomplete" (Compl. ¶46).
'240 Patent Infringement Allegations
| Claim Element (from Independent Claim 29 via Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| obtaining at least one first biological signal from a first user...on a first zone... and... at least one second biological signal from a second user... on a second zone... | The Orion system allegedly uses "embedded sensors" across its dual-zone cover to obtain biological signals and sleep cycle data independently from two users. | ¶¶ 67, 68 | col. 5:48-53 |
| generating a plurality of control signals... comprising (1) a first instruction to set the temperature of the first zone... and (2) a second instruction to set the temperature of the second zone... that is different... | The system allegedly adjusts temperatures for two users "independently," enabling "Personalized cooling for each sleeper" with different temperature settings for each zone. | ¶69 | col. 20:28-34 |
| wherein the first instruction is based at least in part on a first user-specified preference... and the second instruction is based at least in part on a second user-specified preference... | The system is advertised as being personalized to each user based on their "sleep data and comfort profile," which the complaint alleges constitutes a user-specified preference. | ¶69 | col. 20:34-39 |
| sending the... control signals... such that the first and second zones are heated or cooled differently according to the plurality of control signals. | Orion's advertised "dual-zone temperature control" allegedly allows each partner to enjoy their "ideal sleep climate individually," which requires heating or cooling the zones differently. | ¶70 | col. 5:53-58 |
- Identified Points of Contention:
- Scope Questions: The term "user-specified preference" may be a focus of claim construction. The question may arise whether this term requires a direct, manual input from the user (e.g., setting a specific temperature) or if it can also cover preferences that are learned or inferred by an "AI-powered" system over time based on a user's "comfort profile."
- Technical Questions: What evidence does the complaint provide that the system generates instructions for different temperatures based on distinct user preferences, as required by the claim? The complaint relies on marketing statements like "dual-zone temperature control" and screenshots showing different temperatures for each side (Compl. ¶34, p. 24).
V. Key Claim Terms for Construction
The Term: "identify said user from a plurality of users" (’461 Patent, Claim 1)
Context and Importance: This term is critical to the infringement analysis for the '461 Patent, as it distinguishes the claimed invention from a system that merely controls two independent bed zones without linking the control logic to the identity of the specific person in that zone. Practitioners may focus on this term because the accused product’s alleged personalization for "each sleeper" (Compl. ¶55) raises the question of what technical actions constitute "identification."
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification suggests identification is robust, stating the system can "correctly identify which user is sleeping in which zone by identifying the user based on any of the following signals alone, or in combination: heart rate, breathing rate, body motion, or body temperature associated with said user," even if users switch sides (’461 Patent, col. 7:5-15). This supports a reading where identification is about linking a biometric signature to a stored user profile, regardless of location.
- Evidence for a Narrower Interpretation: Claim 1 requires biological signal data for identification to be "associated with said bed device" (’461 Patent, col. 20:9-10). A defendant could argue this ties the identification process to the physical device and its zones, potentially supporting a narrower view that associating data with a "side" of the bed does not constitute identifying a specific "user" from a plurality of users.
The Term: "user-specified preference" (’240 Patent, Claim 1)
Context and Importance: The definition of this term is central to whether the accused "AI powered thermoregulation" meets the claim limitation. The case may depend on whether a "preference" must be an explicit command from the user or can be a profile learned by an algorithm.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent lists "user-specified preferences" as one of several inputs for determining a control signal, alongside historical data and exercise data (’461 Patent, col. 5:1-5). This grouping may suggest that a "preference" can be a complex input derived from user data over time, not just a static setting.
- Evidence for a Narrower Interpretation: The specification provides examples of user specifications that are explicit, such as a "user-specified wake-up time" or a "desired temperature" (’461 Patent, col. 7:12, 7:42-43). This could be used to argue that a "preference" requires a direct, conscious input from the user.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced infringement (35 U.S.C. § 271(b)) and contributory infringement (35 U.S.C. § 271(c)) for all asserted patents. The inducement claim is based on Defendants' alleged actions of advertising, instructing, and encouraging customers to use the Accused Product in an infringing manner through user manuals and marketing materials (Compl. ¶¶ 57, 72, 89). The contributory infringement claim is based on the sale of the Accused Product, which is alleged to be a material part of the invention, especially made for infringement, and not a staple article of commerce (Compl. ¶¶ 58, 73, 90).
- Willful Infringement: The complaint alleges willful infringement based on two theories. First, it alleges willful blindness pre-suit, arguing that a reasonable company performing a direct product comparison, as Orion allegedly did, would have investigated Eight Sleep's patent portfolio (Compl. ¶36). Second, it alleges actual knowledge post-suit, based on the service of the original complaint (Compl. ¶¶ 59, 74, 91).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central factual issue will be the timing and operability of the accused technology: can the Plaintiff prove that Defendants were "making," "using," or "offering for sale" a product that practiced the claimed inventions prior to its official launch date, or will Defendants succeed in arguing the product was an "incomplete" non-infringing prototype at the time of the initial complaint?
- A core issue of claim construction will be one of definitional scope: can the term "identify said user," which implies distinguishing between specific people, be construed to cover a system that associates biometric data with a fixed physical zone (i.e., a side of the bed)?
- A key evidentiary question will be one of functional operation: what technical evidence will demonstrate how the accused "AI powered thermoregulation" functions, and does that operation rely on a "user-specified preference" as required by the claims, or does it utilize a different, non-infringing logic?