`
`
`
`
`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
`
`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.
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`
`
`Plaintiffs,
`
`v.
`
`
`BYTEDANCE INC., TIKTOK INC., and
`TIKTOK PTE. LTD.,
`
`
`
`
`
`TRILLER, INC.,
`
`
`
`
`
`
`Defendant.
`
`
`Case No: 4:20-cv-7572-JSW
`
`DECLARATION OF BRIAN N. PLATT
`IN SUPPORT OF DEFENDANT’S
`MOTION TO STAY LITIGATION
`PENDING INTER PARTES REVIEW
`
`
`Hon. Jeffrey S. White
`
`
`PLATT DECLARATION ISO DEFENDANT’S
`MOTION TO STAY PENDING IPR
`
`
`
`4:20-cv-7572-JSW
`
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`Case 4:20-cv-07572-JSW Document 70 Filed 11/11/21 Page 2 of 3
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`I, Brian N. Platt declare under criminal penalty of the State of Utah that the following is
`
`true and correct.
`
`1.
`
`I am a member in good standing of the Utah State Bar. I am duly licensed to
`
`practice law in the United States District Court for the District of Utah. My pro hac vice admission
`
`has been granted in this matter.
`
`2.
`
`I am an attorney with the law firm of Workman Nydegger, representing Defendant
`
`Triller, Inc. (“Triller”) in the above-entitled action. I am over the age of eighteen and am competent
`
`to testify to all matters contained herein.
`
`3.
`
`Attached as Exhibit A is a true and correct copy of Triller’s petition for inter partes
`
`10
`
`review filed on November 10, 2021, against the asserted claims of U.S. Patent No. 9,648,132.
`
`11
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`4.
`
`Attached as Exhibit B is a true and correct copy of Triller’s petition for inter partes
`
`12
`
`review filed on November 10, 2021, against the asserted claims of U.S. Patent No. 9,992,322.
`
`13
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`5.
`
`Attached as Exhibit C is a true and correct copy of Triller’s petition for inter partes
`
`14
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`review filed on November 10, 2021, against the asserted claims of U.S. Patent No. 9,294,430.
`
`15
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`6.
`
`Attached as Exhibit D is a true and correct copy of U.S. Patent Application
`
`16
`
`Publication No. 2005/0021750 (Abrams).
`
`17
`
`7.
`
`Attached as Exhibit E is a true and correct copy of U.S. Patent Application
`
`18
`
`Publication No. 2006/0008256 (Khedouri).
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`19
`
`8.
`
`Attached as Exhibit F is a true and correct copy of U.S. Patent No. 8,572,169
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`20
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`(Partovi).
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`9.
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`Attached as Exhibit G is a true and correct copy of U.S. Patent Application
`
`22
`
`Publication No. 2010/0031366 (“Knight 2010”).
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`23
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`10.
`
`Attached as Exhibit H is a true and correct copy of the PTAB Trial Statistics FY21
`
`24
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`End
`
`of
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`Year
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`Outcome
`
`Roundup
`
`IPR,
`
`PGR,
`
`CBM,
`
`available
`
`at
`
`25
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`https://www.uspto.gov/sites/default/files/documents/ptab_aia_fy2021__roundup.pdf.
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`PLATT DECLARATION ISO DEFENDANT’S
`MOTION TO STAY PENDING IPR
`
`
`
`4:20-cv-7572-JSW
`
`2
`
`
`
`Case 4:20-cv-07572-JSW Document 70 Filed 11/11/21 Page 3 of 3
`
`
`
`11.
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`Attached as Exhibit I is a true and correct copy of the Assignment of Patents and
`
`Patent Applications
`
`for
`
`the
`
`three Asserted Patents, available at: https://legacy-
`
`assignments.uspto.gov/assignments/assignment-pat-54469-99.pdf.
`
`I declare under penalty of perjury of the United States that the content of this declaration
`
`is true and correct to the best of my personal knowledge and understanding.
`
`
`Dated: November 11, 2021
`
`
`
`
`
`
`
` /Brian N. Platt/
`
`
`
`PLATT DECLARATION ISO DEFENDANT’S
`MOTION TO STAY PENDING IPR
`
`
`
`4:20-cv-7572-JSW
`
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