Bryte Continues To Grow Its Patent Portfolio

Bryte, Inc. is a known competitor in the Consumer Sleep Patent Forecast®.  First mentioned by Patent Forecast in 2019, Bryte has launched a retail store, received $24 million in funding, has a new CEO, and is partnering with major hotels such as the Park Hyatt in NYC. Luke Kelly, Bryte’s new CEO, previously led the development and growth of Carbon’s DLS technology and helped its market breakthrough include the Adidas 4D shoe. From a business perspective, Bryte seems destined for success because Bryte has found its niche in luxury goods with its smart mattress and has a CEO that has successfully managed a company that was in a similar market position. However, Bryte’s patent activity could be its Achilles’ heel in the long run. 

It appears that Bryte recognized that it needs to continue to grow and develop its patent portfolio because, in March 2022, Bryte had a patent application published relating to its smart mattress. This patent publication is a continuation of its previously issued patent (US Patent No. 11,173,274). Bryte is trying to expand its coverage because the published claims are broader than the issued claims. Surprisingly, in claim 1 of the pending application, Bryte has replaced “wherein the controller is further configured to determine if there is an expected number and expected identities of sleepers on the sleep surface; and wherein the controller is configured to determine the expected number of sleepers on the sleep surface based on location information of a smartphone of a historical sleeper for the bed system” with “the predetermined information regarding at least some of the sleepers comprising at least information of times of day the sleepers previously entered the bed.” The previous language was provided as a reason for allowance by the USPTO, so it appears that Bryte is trying to obtain protection without relying on the previously allowable subject matter. Bryte will need to continue to expand the coverage of its patents, but Bryte has a difficult prosecution path in front of it. Many major consumer sleep companies (e.g., Sleepme, Eight Sleep) have patents related to smart mattresses and monitoring and changing a sleep environment. Most likely, Bryte will have to continue to rely on the “identifying sleepers” component of its invention as it continues to develop its patent portfolio.  

Check out the Consumer Sleep Patent Forecast® to see the patent activity of some of Bryte’s competitors and discover technological areas that have low patent activity.