Wave Neuroscience v. Brain Frequency: Neuro-EEG Patent Dispute Ends in Dismissal
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📋 Case Summary
| Case Name | Wave Neuroscience, Inc. v. Brain Frequency, LLC et al. |
| Case Number | 5:23-cv-00626 (W.D. Tex.) |
| Court | U.S. District Court for the Western District of Texas |
| Date Filed | May 15, 2023 |
| Date Closed | August 14, 2025 |
| Duration | 822 days Approx. 27 months |
| Outcome | Dismissed with Prejudice |
| Patents at Issue | |
| Accused Products/Methods | Neuro-EEG synchronization therapy systems & methods; rTMS delivery at harmonics of biological signals. |
Case Overview
Introduction: A Quiet Resolution in a High-Stakes Brain Stimulation Patent Battle
When Wave Neuroscience, Inc. filed suit against Brain Frequency, LLC and Windmill Wellness Ranch, LLC in May 2023, the neurotechnology IP community took notice. Four patents covering neuro-EEG synchronization therapy and repetitive transcranial magnetic stimulation (rTMS) were at stake — technologies sitting at the intersection of neuroscience innovation and a rapidly expanding mental health treatment market.
After 822 days of litigation before Judge Xavier Rodriguez in the Western District of Texas, the case closed on August 14, 2025, with a joint stipulation of dismissal with prejudice under FRCP Rule 41(a)(1)(A)(ii). Each party agreed to bear its own attorneys’ fees and costs — a resolution that raises as many strategic questions as it answers.
For patent attorneys, IP professionals, and R&D teams operating in the neurostimulation and digital therapeutics space, this case offers critical lessons about assertion strategy, venue selection, and the commercial dynamics driving settlement in emerging medical technology patent litigation.
The Parties
⚖️ Plaintiff
A neurotechnology company developing brain stimulation therapies targeting psychiatric conditions like depression and PTSD, using personalized rTMS protocols synchronized with patient EEG.
🛡️ Defendants
Operates in the mental health treatment space, focusing on neuro-EEG synchronization therapy and rTMS treatment systems.
📍 Co-Defendant
A Texas-based treatment facility using the accused neuro-EEG synchronization therapy systems.
The Patents at Issue
Four U.S. patents formed the core of Wave Neuroscience’s infringement claims, covering key aspects of neuro-EEG synchronization therapy and rTMS:
| Patent Number | US8465408B2 |
| Application No. | US12/850547 |
| Technology Focus | Neuro-EEG synchronization therapy systems and methods |
| Patent Number | US8870737B2 |
| Application No. | US12/944549 |
| Technology Focus | Depression treatment via neuro-EEG synchronization |
| Patent Number | US8926490B2 |
| Application No. | US12/944591 |
| Technology Focus | Brain electrical activity modulation via neuro-EEG |
| Patent Number | US10029111B2 |
| Application No. | US15/093151 |
| Technology Focus | rTMS at harmonics of biological signals |
These patents collectively protect systems and methods for modulating brain electrical activity by synchronizing therapeutic stimulation with a patient’s own EEG-derived biological signals — a differentiated approach within the broader rTMS market.
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The Verdict & Legal Analysis
Outcome
The case concluded on August 14, 2025, via a Joint Stipulation of Dismissal with Prejudice filed pursuant to Federal Rules of Civil Procedure Rule 41(a)(1)(A)(ii). All claims and counterclaims were dismissed. Critically, each party agreed to bear its own attorneys’ fees, costs of court, and expenses — meaning no fee-shifting award was granted or sought under 35 U.S.C. § 285.
Analysis of Dismissal
The stipulated dismissal with prejudice is a bilateral, negotiated resolution — not a court-ordered judgment on the merits. The “with prejudice” designation means Wave Neuroscience cannot re-file the same infringement claims against these defendants in federal court. The mutual fee-bearing provision suggests a negotiated settlement where neither party felt empowered to seek fee-shifting from the other.
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⚠️ Freedom to Operate (FTO) Analysis
This case highlights critical IP risks in the neuro-EEG synchronization and rTMS market. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications from this litigation for the neurotechnology sector.
- View all related patents in neuro-EEG synchronization technology
- See companies active in brain stimulation patents
- Understand claim construction patterns in this area
🔍 Check My Product’s Risk
Run a comprehensive FTO analysis for your own neuro-EEG therapy or rTMS technology.
- Input your product description or technical features
- AI identifies potentially blocking patents
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High Risk Area
EEG synchronization methods
4 Patents Involved
In neuro-EEG synchronization and rTMS
IP Landscape Evolving
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✅ Key Takeaways
For Patent Attorneys & Litigators
A Joint Stipulation of Dismissal with Prejudice under Rule 41(a)(1)(A)(ii) with mutual fee-bearing indicates a negotiated settlement, not an adversarial outcome on the merits.
Search related case law →Wave Neuroscience’s four patents covering neuro-EEG synchronization therapy and rTMS remain valid and enforceable, having not been invalidated via PTAB review in this action.
Explore patent validity →For R&D Leaders & IP Professionals
FTO clearance for neuro-EEG synchronization therapy and rTMS products must specifically address patents like US8465408B2, US8870737B2, US8926490B2, and US10029111B2.
Start FTO analysis for my product →Companies developing next-generation personalized stimulation platforms should be aware of IP risks around rTMS delivery at harmonics of biological signals (US10029111B2).
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