Eight Sleep Acquires Span Health, Who Has No Patents. We Have A Better Idea…

In late March of 2022, Eight Sleep acquired Span Health as part of Eight Sleep’s plan to improve its health-coaching services. Span Health provides personalized health insights relating to sleep, nutrition, and exercise.  While this acquisition may improve Eight Sleep’s technology, it did not improve Eight Sleep’s patent position and has potentially left Eight Sleep at risk.

Span Health has zero patent documents related to its data-driven health coaching. Although Eight Sleep does not have any published patent assets related to the coaching services, it does have brief descriptions in its patent applications relating to “recommending a bedtime” to a user. It’s possible that Eight Sleep has an unpublished patent application related to its sleep coaching services. However, this patent application may have a difficult prosecution path as there are companies that already have market and patent activity relating to sleep coaching. 

Two of the companies ahead of Eight Sleep are Resmed and SleepScore. Resmed and SleepScore have acquired some patent assets from Zeo Inc. The Zeo assets acquisition has enabled Resmed to maintain a priority date back to 2008 relating to a “data-driven sleep coaching system” and a priority date back to 2011 relating to a “multi-modal sleep system.”  In addition, Resmed also has a pending patent application for a sleep management system that provides sleep advice to promote good sleep habits and a patent for a fatigue monitoring system that provides recommendations including “an ideal time for the user to go to sleep.” Eight Sleep advertises “ideal bedtime recommendations” when describing its sleep coaching, so Resmed’s ‘633 patent could be a problem for Eight Sleep. Additionally, SleepScore offers a sleep improvement system (SleepScore Max) that provides “personalized, science-based advice.” Therefore, both Resmed and SleepScore have patent and/or market activity that appear to predate Eight Sleep’s coaching services, as Eight Sleep was founded in 2014.

Here are other companies Eight Sleep might have considered instead, for they have market and patent activity related to sleep coaching:

  1. Koninklijke Philips N.V.’s patent asset for providing a contextualized personalized therapy recommendation and optimizing insomnia therapy and its patent asset for coaching for correcting behaviors that can trigger the sleep disorder’s occurrence and suggest interventions to mitigate the problem.
  2. Huawei Technologies’ patent assets (US Patent No. 11,116,934 and US Patent Pub. No. 20210402133) for providing a recommendation for a sleep aid based on the sleep state of a user.
  3. Sleepspace’s coaching functionality and its synchronization with Oura Ring and other wearables.  

It is not clear why Eight Sleep chose to acquire Span Health. It is clear that Eight Sleep has plenty of competition that will make pursuing patent protection difficult. 

Check out the Consumer Sleep Patent Forecast® to see what other companies are ahead of Eight Sleep.