Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 1 of 12
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`M. Elizabeth Day (SBN 177125))
`eday@feinday.com
`Marc Belloli (SBN 244290)
`mbelloli@feinday.com
`FEINBERG DAY KRAMER ALBERTI
`LIM TONKOVICH & BELLOLI LLP
`577 Airport Blvd., Suite 250
`Burlingame, CA. 94010
`Tel: 650 825-4300/Fax 650 460-8443
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`Brian N. Platt (Admitted pro hac vice)
`bplatt@wnlaw.com
`Brent P. Lorimer (Admitted pro hac vice)
`blorimer@wnlaw.com
`WORKMAN NYDEGGER
`60 East South Temple Suite 1000
`Salt Lake City, UT 84111
`Tel: 801-533-9800/Fax 801-328-1707
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`Attorneys for Defendant Triller, Inc.
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`Plaintiffs,
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`v.
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`BYTEDANCE INC., TIKTOK INC., and
`TIKTOK PTE. LTD.,
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`TRILLER, INC.,
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`Defendant.
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`Case No: 4:20-cv-7572-JSW
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`DEFENDANT’S ANSWER TO
`BYTEDANCE INC., TIKTOK INC., AND
`TIKTOK PTE. LTD.’S SECOND
`AMENDED COMPLAINT
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`JURY TRIAL DEMANDED
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`Triller, Inc. (“Triller”) by and through its undersigned counsel, for its Answer to the Second
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`26
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`Amended Complaint (“SAC” filed by ByteDance, Inc. (“BDI”), TikTok, Inc. (“TTI”), and TikTok
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`27
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`Pte. Ltd. (“TTPL”) (collectively “Plaintiffs”), states as follows:
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`4:20-cv-7572-JSW
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`

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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 2 of 12
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`NATURE OF ACTION
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`1.
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`Triller admits this is an action for patent infringement and declaratory judgment of
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`non-infringement of a patent. Triller also admits that BDI and TTI seek a declaratory judgment of
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`non-infringement and that TTI and TTPL have requested injunctive relief and money damages
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`against Triller. Triller denies that BDI and TTI are entitled to the declaratory judgment they seek,
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`denies that it has in the past infringed any of the TikTok patents-in-suit, and denies that it is
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`currently infringing any of said patents.
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`2.
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`Triller admits that BDI and TTI seek declaratory judgment that they do not infringe
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`the ’429 patent but denies that they are entitled to any such relief. Triller admits that TTI and
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`TTPL have asked for remedies in equity and law for alleged infringement of patents they assert
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`against Triller but denies that it infringes any of the TikTok patents-in-suit and denies that TTI and
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`TTPL are entitled to any such relief.
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`3.
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`Triller admits that the TikTok entities are a collection of related entities who
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`together make, use, and distribute a mobile software application known as the “TikTok” app that
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`millions of Americans use to create and share videos. Triller is without knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations of Paragraph 3 of the SAC
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`and therefore denies them.
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`4.
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`Triller admits that it develops and distributes the Triller application and admits that
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`it alleges that the TikTok application is used to infringe claims 1 and 3-9 of U.S. Patent No.
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`9,692,429 (“the ’429 Patent”). Triller denies that it is liable for infringement of U.S. Patent No.
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`9,648,132 (“the ’132 Patent), U.S. Patent No. 9,992,322 (“the ’322 patent”), or U.S. Patent No.
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`9,294,430 (“the ’430 patent”). Triller is without knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations of Paragraph 4 of the SAC and therefore denies
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`them.
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`5.
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`6.
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`Triller admits the allegations of paragraph 5 of the SAC.
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`Triller admits that the Honorable Alan Albright transferred the Texas Litigation to
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`this Court, that the Texas Litigation has been deemed related to this action, and that the litigation
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`4:20-cv-7572-JSW
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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 3 of 12
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`of issues related to the ’429 patent has been stayed pending resolution of the IPR related to that
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`patent but denies the remaining allegations of Paragraph 6 of the SAC.
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`7.
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`Triller admits that there is a real and immediate controversy between Triller, BDI,
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`and TTI as to whether the TikTok entities infringe claims 1 and 3-9 of the ’429 Patent. Triller
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`denies the remaining allegations of Paragraph 7 of the SAC.
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`8.
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`Triller admits that there is an actual and justiciable controversy as to whether the
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`TikTok entities infringe claims 1 and 3-9 of the ’429 Patent. Triller denies the remaining
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`allegations of Paragraph 8 of the SAC.
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`9.
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`10.
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`Triller denies the allegations of Paragraph 9 of the SAC.
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`Triller denies the allegations of paragraph 10 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`11.
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`Triller denies the allegations of paragraph 11 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`12.
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`Triller denies the allegations of paragraph 12 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`13.
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`Triller denies the allegations of paragraph 13 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`14.
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`Triller denies the allegations of paragraph 14 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`15.
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`Triller denies the allegations of paragraph 15 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`3
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`4:20-cv-7572-JSW
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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 4 of 12
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`16.
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`Triller denies the allegations of paragraph 16 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`17.
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`Triller denies the allegations of paragraph 17 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`18.
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`Triller denies the allegations of paragraph 18 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`19.
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`Triller denies the allegations of paragraph 19 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`20.
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`Triller admits that the ’322 patent includes the quoted language, but otherwise
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`denies the allegations of paragraph 20 of the SAC.
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`21.
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`Triller denies the allegations of paragraph 21 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`22.
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` Triller denies the allegations of paragraph 22 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`23.
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`Triller denies the allegations of paragraph 23 of the SAC because they are not
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`accurate and/or because Triller is without knowledge or information sufficient to form a belief as
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`to the truth of the allegations of said paragraph.
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`24.
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`25.
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`26.
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`27.
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`Triller denies the allegations of paragraph 24 of the SAC.
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`Triller denies the allegations of paragraph 25 of the SAC.
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`Triller denies the allegations of paragraph 26 of the SAC.
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`Triller denies the allegations of Paragraph 27 of the SAC.
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`4
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`4:20-cv-7572-JSW
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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 5 of 12
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`28.
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`Triller admits that the ’132 patent, the ’322 patent, and the ’430 patent appear to be
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`titled “Method of enabling digital music content to be downloaded to and used on a portable
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`wireless computing device.” Triller denies the remaining allegations of paragraph 28 of the SAC
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`because they are not accurate and/or because Triller is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations of said paragraph.
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`29.
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`30.
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`31.
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`32.
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`33.
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`Triller denies the allegations of Paragraph 29 of the SAC.
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`Triller denies the allegations of Paragraph 30 of the SAC.
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`Triller denies the allegations of Paragraph 31 of the SAC.
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`Triller denies the allegations of Paragraph 32 of the SAC.
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`Triller denies the allegations of Paragraph 33 of the SAC.
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`PARTIES
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`34.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 34 of the SAC and therefore denies them.
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`35.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 35 of the SAC and therefore denies them.
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`36.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 36 of the SAC and therefore denies them.
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`37.
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`Triller admits that it is a Delaware corporation having its principal place of business
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`at 2121 Avenue of the Stars, Suite 2320, Los Angeles, California, 90067.
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`38.
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`Triller admits that it is the owner of the ’429 Patent.
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`JURISDICTION AND VENUE
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`39.
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`Triller admits that this action arises under the Patent Laws of the United States, 35
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`U.S.C. § 1 et seq. Triller admits that this Court has subject matter jurisdiction pursuant to 28 U.S.C.
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`§§ 1331 and 1338. Triller denies the remaining allegations of Paragraph 39 of the SAC.
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`40.
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`Triller admits that there is an actual case or controversy between Triller and the
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`TikTok entities regarding infringement of claims 1 and 3-9 of the ’429 patent with respect to the
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`Accused TikTok Products. Triller denies the remaining allegations of Paragraph 40 of the SAC.
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`5
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`4:20-cv-7572-JSW
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`41.
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`Triller admits that there is an actual case or controversy between itself and the
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`TikTok entities regarding infringement of claims 1 and 3-9 the ’429 Patent with respect to the
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`Accused TikTok Products. Triller further admits that it has alleged that portions of the Accused
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`TikTok Products are especially made for use in infringement of claims 1 and 3-9 of the ’429
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`Patent, and are not suitable for substantial, non-infringing use. Triller denies the remaining
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`allegations of Paragraph 41 of the SAC because they are not accurate and/or because Triller is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations of
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`said paragraph.
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`42.
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`Triller admits that there is an actual case or controversy between itself and at least
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`TTI and BDI regarding infringement of claims 1 and 3-9 of the ’429 Patent. Triller denies the
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`remaining allegations of Paragraph 42 of the SAC.
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`43.
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`For the purpose of this action only, and without waiving any rights to object to, or
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`otherwise challenge, personal jurisdiction in other actions, Triller does not contest the Court’s
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`personal jurisdiction for this action only.
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`44.
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`Triller admits that its website lists Los Angeles among the locations of its
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`worldwide offices. Triller denies the remaining allegations of Paragraph 44 of the SAC.
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`45.
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`Triller admits that it has sold and offered for sale its application in this district.
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`Triller denies that it has directly or indirectly infringed any of the patents-in-suit in this district or
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`anywhere else. Triller denies the remaining allegations of Paragraph 45 of the SAC.
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`46.
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`47.
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`Triller denies the allegations of Paragraph 46 of the SAC.
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`For the purpose of this action only, and without waiving any defense of improper
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`venue in connection with any other cause of action or claim, Triller does not contest that venue
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`properly lies in this district. Triller denies the remaining allegations of Paragraph 47 of the SAC.
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`48.
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`Triller admits that its Triller app is distributed through the Apple App Store and
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`Google Play. Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the remaining allegations of Paragraph 48 of the SAC and therefore denies them.
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`6
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`4:20-cv-7572-JSW
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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 7 of 12
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`FIRST CLAIM FOR RELIEF
`Alleged Declaratory Judgment of Noninfringement of the ’429 Patent
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`49.
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`Triller incorporates each of its responses to the preceding paragraphs as if fully set
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`forth herein.
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`50.
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`Triller denies the allegations of paragraph 50 of the SAC. Further, Plaintiffs have
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`agreed that their declaratory judgment claims should be stayed pending resolution of the IPR
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`proceedings related to the ’429 patent.
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`51.
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`Triller has never accused any of the TikTok entities of infringing claims 2 or 10 of
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`the ’429 patent and there is no case or controversy as to those claims. The Court therefore has no
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`subject matter jurisdiction to adjudicate declaratory judgment as to those claims. If the Court at
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`some future date determines that a case or controversy exists with respect to claims 2 or 10 of the
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`’429 patent, Triller will respond to the allegations of paragraph 51 at that time. Further, Plaintiffs
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`have agreed that their declaratory judgment claims should be stayed pending resolution of the IPR
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`proceedings related to the ’429 patent. Triller denies the allegations of paragraph 51 with respect
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`to claims 1 and 3-9 of the ’429 patent.
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`52.
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`Triller has never accused any of the TikTok entities of infringing claims 11-16 of
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`the ’429 patent and there is no case or controversy as to those claims. The Court therefore has no
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`subject matter jurisdiction to adjudicate declaratory judgment as to those claims. If the court at
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`some future date determines that a case or controversy exists with respect to claims 11-16 of the
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`’429 patent, Triller will respond to the allegations of paragraph 52 at that time. Further, Plaintiffs
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`have agreed that their declaratory judgment claims should be stayed pending resolution of the IPR
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`proceedings related to the ’429 patent.
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`53.
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`Triller has never accused any of the TikTok entities of infringing claims 17-19 of
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`the ’429 patent and there is there is no case or controversy as to those claims. The Court therefore
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`has no subject matter jurisdiction to adjudicate declaratory judgment as to those claims. If the
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`court at some future date determines that a case or controversy exists with respect to claims 17-19
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`of the ’429 patent, Triller will respond to the allegations of paragraph 52 at that time. Further,
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`7
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`4:20-cv-7572-JSW
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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 8 of 12
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`Plaintiffs have agreed that their declaratory judgment claims should be stayed pending resolution
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`of the IPR proceedings related to the ’429 patent.
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`54.
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`Triller admits there is a case or controversy between it and the TikTok entities
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`regarding infringement of claims 1 and 3-9 of the’429 patent by the Accused TikTok Products.
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`Triller denies the remaining allegations of paragraph 54 of the SAC.
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`SECOND CLAIM FOR RELIEF
`Alleged Infringement of the ’132 Patent
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`55.
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` Triller incorporates each of its responses to the preceding paragraphs as if fully set
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`forth herein.
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`56.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 56 of the SAC and therefore denies them except it admits that the
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`title of the ’132 patent is accurately repeated in said paragraph.
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`57.
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`58.
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`Triller denies the allegations of paragraph 57 of the SAC.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 58 of the SAC and therefore denies them.
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`59.
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`60.
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`61.
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`62.
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`63.
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`64.
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`65.
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`Triller denies the allegations of Paragraph 59 of the SAC.
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`Triller denies the allegations of Paragraph 60 of the SAC.
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`Triller denies the allegations of Paragraph 61 of the SAC.
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`Triller denies the allegations of Paragraph 62 of the SAC.
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`Triller denies the allegations of Paragraph 63 of the SAC.
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`Triller denies the allegations of Paragraph 64 of the SAC.
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`Triller denies the allegations of Paragraph 65 of the SAC.
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`THIRD CLAIM FOR RELIEF
`Alleged Infringement of the ’322 Patent
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`66.
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` Triller incorporates each of its responses to the preceding paragraphs as if fully set
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`forth herein.
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`67.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 67 of the SAC and therefore denies them, except it admits that the
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 9 of 12
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`title of the ’322 patent is accurately repeated in said paragraph
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`68.
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`69.
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`Triller denies the allegations of paragraph 68 of the SAC.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 69 of the SAC and therefore denies them.
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`70.
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`75.
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`76.
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`Triller denies the allegations of Paragraph 70 of the SAC.
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`Triller denies the allegations of Paragraph 71 of the SAC.
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`Triller denies the allegations of Paragraph 72 of the SAC.
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`Triller denies the allegations of Paragraph 73 of the SAC.
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`Triller denies the allegations of Paragraph 74 of the SAC.
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`Triller denies the allegations of Paragraph 75 of the SAC.
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`Triller denies the allegations of Paragraph 76 of the SAC.
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`FOURTH CLAIM FOR RELIEF
`Alleged Infringement of the ’430 Patent
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`77.
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` Triller incorporates each of its responses to the preceding paragraphs as if fully set
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`forth herein.
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`78.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 78 of the SAC and therefore denies them, except it admits that the
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`title of the ’430 patent is accurately repeated in said paragraph
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`79.
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`80.
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`Triller denies the allegations of paragraph 79 of the SAC.
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`Triller is without knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 80 of the SAC and therefore denies them.
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`81.
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`82.
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`83.
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`84.
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`85.
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`86.
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`Triller denies the allegations of Paragraph 81 of the SAC.
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`Triller denies the allegations of Paragraph 82 of the SAC.
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`Triller denies the allegations of Paragraph 83 of the SAC.
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`Triller denies the allegations of Paragraph 84 of the SAC.
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`Triller denies the allegations of Paragraph 85 of the SAC.
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`Triller denies the allegations of Paragraph 86 of the SAC.
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`4:20-cv-7572-JSW
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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 10 of 12
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`87.
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`88.
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`Triller denies the allegations of Paragraph 87 of the SAC.
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`Triller denies each and every allegation of the SAC not expressly admitted herein.
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`DEMAND FOR JURY TRIAL
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`Triller demands a trial by jury for all matters so triable.
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`PRAYER FOR RELIEF
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`Triller is not required to provide a response to Paragraphs A-H of the Prayer for Relief of
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`the SAC. Triller denies that Plaintiffs are entitled to the relief requested in the Prayer for Relief
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`and denies any allegations set forth therein.
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`TRILLER’S AFFIRMATIVE DEFENSES
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`Triller incorporates by reference the foregoing paragraphs in their entirety and asserts the
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`following affirmative defenses. By asserting these affirmative defenses, Triller does not admit
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`that it bears the burden of proof on any issue and does not accept any burden they would not
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`otherwise bear, regardless of how such defenses are denominated herein. Triller reserves all
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`affirmative defenses permitted under the Federal Rules of Civil Procedure, the Patent Laws, and/or
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`at law or in equity, that may now exist or in the future be available based on discovery and further
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`investigation in this case, as well as its right to amend this Answer to include those defenses.
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`FIRST AFFIRMATIVE DEFENSE
`(Non-Infringement)
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`89.
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`Triller does not infringe and has not infringed (not directly, indirectly,
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`contributorily, by inducement, willfully, or otherwise) any valid, enforceable claim of the ’132,
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`’322, or ’430 patents, either literally or under the doctrine of equivalents.
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`SECOND AFFIRMATIVE DEFENSE
`(Invalidity)
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`90.
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`The claims of the ’132, ’322, or ’430 patents are invalid and void for failure to
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`comply with the conditions of patentability specified in 35 U.S.C. §§ 100 et seq.
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`THIRD AFFIRMATIVE DEFENSE
`(Prosecution History Estoppel)
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`91.
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`Plaintiffs’ claims are or may be barred by the doctrine of prosecution history
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`4:20-cv-7572-JSW
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`

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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 11 of 12
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`
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`estoppel based on statements, representations, and admissions made during prosecution of the
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`patent applications resulting in the ’132, ’322, or ’430 patents.
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`FOURTH AFFIRMATIVE DEFENSE
`(Limitations on Damages)
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`92.
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`Plaintiffs’ claims for damages for alleged infringement, if any, of the ’132, ’322, or
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`’430 patents are limited by 35 U.S.C. §§ 286 and/or 287.
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`FIFTH AFFIRMATIVE DEFENSE
`(Limitations on Costs)
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`93.
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`Plaintiffs are barred by 35 U.S.C. § 288 from recovering any costs associated with
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`this action.
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`SIXTH AFFIRMATIVE DEFENSE
`(Failure to State a Claim)
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`94.
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`Plaintiffs’ Complaint fails to state a claim upon which relief can be granted.
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`SEVENTH AFFIRMATIVE DEFENSE
`(Standing)
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`95.
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`There is no case or controversy with respect to declaratory judgment as to claims
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`2, 10, 11-16 or 17-19 of the ’429 patent and the Court therefore has no subject matter jurisdiction
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`as to those claims.
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`EIGHTH AFFIRMATIVE DEFENSE
`(Reservation of Rights)
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`96.
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`Triller reserves the right to add additional affirmative defenses upon discovery of
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`additional information bearing on the claims in Plaintiffs’ Complaint.
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`Dated: September 8, 2021
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`WORKMAN NYDEGGER
`
`By: /s/ Brian N. Platt_____________________
`
`M. Elizabeth Day (SBN 177125))
`eday@feinday.com
`Marc Belloli (SBN 244290)
`mbelloli@feinday.com
`FEINBERG DAY KRAMER ALBERTI
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`Case 4:20-cv-07572-JSW Document 55 Filed 09/08/21 Page 12 of 12
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`LIM TONKOVICH & BELLOLI LLP
`577 Airport Blvd., Suite 250
`Burlingame, CA. 94010
`Tel: 650 825-4300/Fax 650 460-8443
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`Brian N. Platt (Admitted pro hac vice)
`bplatt@wnlaw.com
`Brent P. Lorimer (Admitted pro hac vice)
`blorimer@wnlaw.com
`WORKMAN NYDEGGER
`60 East South Temple Suite 1000
`Salt Lake City, UT 84111
`Tel: 801-533-9800/Fax 801-328-1707
`
`Attorneys for Defendant Triller, Inc.
`
`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT
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`12
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`4:20-cv-7572-JSW
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