Case 6:20-cv-00693-ADA Document 1 Filed 07/29/20 Page 1 of 19
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`TRILLER, INC.,
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`BYTEDANCE LTD., and TIKTOK, INC.,
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`Plaintiff,
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`vs.
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`Defendants.
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`Case No. 6:20cv693
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`§
`§
`§
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`§
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Triller, Inc. (“Triller”) files its Complaint in this patent infringement action against
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`Defendants ByteDance Ltd. and TikTok, Inc. (“Defendants”).
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`NATURE OF THE CLAIMS
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`This is an action for patent infringement. Triller alleges that ByteDance and
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`1.
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`TikTok infringe U.S. Patent No. 9,691,429 titled “Systems and methods for creating music
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`videos synchronized with an audio track” (“the ’429 Patent,” attached as Exhibit A) (the
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`“Asserted Patent”).
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`2.
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`Triller is the developer and distributor of the innovative Triller social video
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`platform application for iOS and Android. The Triller application is a leading entertainment
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`platform built for creators in the social video community. The Triller application allows its users
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`to create and share their own music video creations; its platform is built around innovative
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`technology and intellectual property that provides users with the ability to create flawless,
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`synchronized videos and to share those videos with other users in just seconds. Triller has
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`invested enormous time and resources building its social platform, and took particular care to
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`Case 6:20-cv-00693-ADA Document 1 Filed 07/29/20 Page 2 of 19
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`protect its intellectual property. Examples of Triller’s innovative platform and social video
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`interface are reproduced below:
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`Source: https://apps.apple.com/us/app/triller-social-video-platform/id994905763.
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`3.
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`Triller alleges that ByteDance and TikTok directly and indirectly infringe the
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`Asserted Patent by making, using, offering for sale, selling and importing the popular iOS and
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`Android software application known as “TikTok.”
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`Source: https://apps.apple.com/lc/app/tiktok-make-your-day/id835599320
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`THE PARTIES
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`4.
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`Plaintiff Triller, Inc. is a Delaware Corporation with offices in Los Angeles at
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`2121 Avenue of the Stars, Suite 2320, Los Angeles, CA 90067. Triller is the owner of the ’429
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`Patent.
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`5.
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`Defendant ByteDance Ltd. (“ByteDance”) is a Chinese multinational internet
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`technology corporation headquartered in Beijing at ByteDance, Ltd., Haidian District, Beijing
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`100080, with a regular and established place of business in Austin, TX 78205. ByteDance is the
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`parent corporation and owner of TikTok, Inc.
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`6.
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`Defendant TikTok, Inc. (“TikTok”) is a California corporation with a regular and
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`established place of business in Austin, TX 78205, and a registered agent for service of process
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`at CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201 (See Exhibit B).
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`JURISDICTION AND VENUE
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`7.
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`This action for patent infringement arises under the Patent Laws of the United
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`States, 35 U.S.C. § 1 et. seq. This Court has original jurisdiction under 28 U.S.C. §§ 1331 and
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`1338.
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`8.
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`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§
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`1391(b), (c) and § 1400(b) because TikTok and ByteDance have regular and established places
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`of business in this District; have committed acts within this District giving rise to this action; and
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`conducts business in this District, including selling, distributing, using, importing, and/or
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`offering for sale infringing products to TikTok customers in this District. Upon information and
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`belief, TikTok maintains offices in this District, hires and maintains employees in this District
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`(See Exhibit C), including an Office Administrator in Austin, TX (See Exhibit D), and conducts
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`business in this District consistent with its substantial physical presence in this District. For
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`example, senior executives at TikTok have noted “We have many exciting roles across Ops,
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`Training, Quality, Policy, Data, and more to fill in our Austin office,” and “The TikTok Austin
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`Office is growing fast! Check out these great new jobs to join Rebecca Sawyer in building an
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`amazing team!” (See Exhibit E.) Also upon information and belief, ByteDance maintains
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`offices in this District, hires and maintains employees in this District (See Exhibit F), including
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`an Office Administrator in Austin, TX (See Exhibit D), and conducts business in this District
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`consistent with its substantial physical presence in this District.
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`9.
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`TikTok and ByteDance are subject to this Court’s specific and general personal
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`jurisdiction pursuant to due process or the Texas Long Arm Statute, due at least to their
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`substantial business in this forum, including: (i) business related to infringing acts as alleged
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`herein; or (ii) regularly doing or soliciting business, engaging in other persistent courses of
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`conduct, or deriving substantial revenue from goods and services provided to individuals in
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`Texas and in this District. Within this state, TikTok and ByteDance have used the patented
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`inventions thereby committing, and continuing to commit, acts of patent infringement alleged
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`herein. In addition, TikTok and ByteDance have derived revenues from their infringing acts
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`occurring within the Western District of Texas. Further, TikTok and ByteDance are subject to
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`the Court’s general jurisdiction, including from regularly doing or soliciting business, engaging
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`in other persistent courses of conduct, and deriving substantial revenue from goods and services
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`provided to persons or entities in Texas and the Western District of Texas. Further, TikTok and
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`ByteDance are subject to the Court’s personal jurisdiction at least due to their distribution of
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`products or services within Texas and the Western District of Texas. TikTok and ByteDance
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`have committed such purposeful acts and transactions in Texas such that they reasonably should
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`know and expect that they could be haled into this Court because of such activity.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 9,691,429
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`10.
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`The allegations of all of the preceding paragraphs of this Complaint are
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`incorporated by reference as if fully set forth herein.
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`11.
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`On June 27, 2017, the’429 Patent, titled “Systems and methods for creating music
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`videos synchronized with an audio track” duly and legally issued. A true and correct copy of the
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`’429 Patent is attached as Exhibit A.
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`12.
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`13.
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`14.
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`Triller is the owner of the ’429 Patent.
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`Pursuant to 35 U.S.C. § 282, the ’429 Patent is presumed valid.
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`TikTok and ByteDance make, use, offer for sale, distribute, and/or sell in the
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`United States software products that provide TikTok subscribers with social video platform
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`services to create and distribute music videos. Such software products are available for iOS and
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`Android hand-held or tablet devices and are distributed under the TikTok brand name (the
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`“TikTok app” or “Accused Products”), as shown below:
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`Source: https://apps.apple.com/lc/app/tiktok-make-your-day/id835599320 (Exhibit G).
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`15.
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`The TikTok application is described by Defendant TikTok as follows:
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`TikTok is THE destination for mobile videos. On TikTok, short-form
`videos are exciting, spontaneous, and genuine. Whether you’re a sports
`fanatic, a pet enthusiast, or just looking for a laugh, there’s something for
`everyone on TikTok. All you have to do is watch, engage with what you
`like, skip what you don’t, and you’ll find an endless stream of short videos
`that feel personalized just for you. From your morning coffee to your
`afternoon errands, TikTok has the videos that are guaranteed to make your
`day.
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`We make it easy for you to discover and create your own original videos
`by providing easy-to-use tools to view and capture your daily moments.
`Take your videos to the next level with special effects, filters, music, and
`more.
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` Watch endless amount of videos customized specifically for you
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` personalized video feed based on what you watch, like, and share.
`TikTok offers you real, interesting, and fun videos that will make your
`day.
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` Explore videos, just one scroll away
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`Watch all types of videos, from Comedy, Gaming, DIY, Food, Sports,
`Memes, and Pets, to Oddly Satisfying, ASMR, and everything in between.
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` ■
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` Pause recording multiple times in one video
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`Pause and resume your video with just a tap. Shoot as many times as you
`need.
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` ■
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` Be entertained and inspired by a global community of creators
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`Millions of creators are on TikTok showcasing their incredible skills and
`everyday life. Let yourself be inspired.
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` ■
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` Add your favorite music or sound to your videos for free
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`Easily edit your videos with millions of free music clips and sounds. We
`curate music and sound playlists for you with the hottest tracks in every
`genre, including Hip Hop, Edm, Pop, Rock, Rap, and Country, and the
`most viral original sounds.
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`■ Express yourself with creative effects
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`Unlock tons of filters, effects, and AR objects to take your videos to the
`next level.
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` Edit your own videos
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`Source: https://apps.apple.com/lc/app/tiktok-make-your-day/id835599320 (Exhibit G).
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`16.
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`Upon information and belief, the TikTok application infringes at least claims 1, 3,
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`4, 5, 6, and 7 of the ’429 Patent in at least the exemplary manner described below.
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`17.
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`As for claim 1, the TikTok application provides “A method for creating a music
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`video in which a plurality of video takes is synchronized to an audio track,” as shown in the
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`screenshots below.
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`18.
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`As for claim 1, the TikTok application provides for “selecting an audio track” as
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`shown below, which allow for the selection of an audio track via the “sounds” menu.
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`19.
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`As for claim 1, the TikTok application provides for “capturing a plurality of video
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`takes” as shown in the screenshot below, by selecting the red “record” button.
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`20.
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`The TikTok application further provides for the selection of prior video takes, as
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`shown in the screenshots below, by selecting the “Green Screen Video” effect option.
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`21.
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`Introduced on or about December 11, 2019 (See Exhibit H) The TikTok
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`application “Green Screen Video” effect option allows users to shoot multiple video takes
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`synchronized to an audio track. TikTok describes the feature in a blog post (attached as Exhibit
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`H, available at https://newsroom.tiktok.com/en-us/new-green-screen-video-effect-puts-users-at-
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`the-center-of-the-action) as follows:
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`Due to the popularity of the Green Screen effect, we recently introduced a
`new, evolved version of this effect - Green Screen Video. For the first
`time ever on any mobile video platform, users are able shoot over videos
`playing in the background. Users can trim up to 60 seconds of a select
`video from their phone's video album.
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`(See Exhibit H, at 1).
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`22.
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`As for claim 1, the TikTok application provides for “synchronizing each video
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`take of the plurality of captured video takes with the selected audio track while each video take
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`of the plurality of video takes is being captured, wherein synchronizing further comprises
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`playing, from a first beginning, the selected audio track at substantially the same time as a
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`second beginning of capturing each video take of the plurality of video takes” through its “Green
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`Screen Video” effect, which permits the user to synchronize each video take with the selected
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`audio track while each video take of the plurality of video takes is being captured. The user
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`screenshots below from TikTok user rhia.official show the synchronized video takes with the
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`selected audio track, as per claim 1:
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`Source: https://www.tiktok.com/@rhia.official/video/6846437398528691462,
`https://www.tiktok.com/@rhia.official/video/6827511388198440198
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`As for claim 1, the TikTok application provides for “wherein synchronizing
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`23.
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`further comprises playing, from a first beginning, the selected audio track at substantially the
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`same time as a second beginning of capturing each video take of the plurality of video takes” as
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`instructed in the TikTok “Green Screen Video” tutorial, and shown in the exemplary user content
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`above. (See also Exhibit H).
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`24.
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`As for claim 1, the TikTok application further provides for “creating a music
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`video comprising: the selected audio track; and at least a subset of the plurality of video takes
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`comprising at least two video takes of the plurality of video takes synchronized with the selected
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`audio track,” as shown in the example user content below:
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`Source: https://www.tiktok.com/@rhia.official/video/6846437398528691462
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`As for claim 3, the TikTok application provides for “wherein the plurality of
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`25.
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`video takes are captured using a user device” such as an iPad or an iPhone.
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`26.
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`As for claim 4, the TikTok application provides for “[t]he method of claim 3,
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`wherein the user device comprises at least one image capturing component” such as a built-in
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`digital camera.
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`Source: https://www.apple.com/iphone-11-pro/
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`27.
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`The exemplary user device (e.g., iPhone 11) product information page shows that
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`the product contains a camera system:
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`Source: https://www.apple.com/iphone-11-pro/
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`As for claim 5, the TikTok application provides for “extracting portions of each
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`28.
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`take of the plurality of captured video takes to be used for sections of the selected audio track,
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`the extracted portions forming the subset of the plurality of video takes” as shown in the
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`following exemplary user content created using the Green Screen Video effect, and consistent
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`with the instructions provided by TikTok (see Exhibit H):
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`Source: https://www.tiktok.com/@rhia.official/video/6846437398528691462
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`29.
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`As for claim 6, the TikTok application provides for “wherein the audio track is
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`stored on at least one of: a user device; a music server; and an external device,” as shown below:
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`30.
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`For example, the image on the left above shows available audio tracks when the
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`user device is connected to a music server through a network connection; however, the image on
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`the right shows no audio tracks available when the device is not connected to a music server
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`through a network connection (the network connection has has been disabled).
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`31.
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`As for claim 7, the TikTok application provides for “playing the selected audio
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`track while each video take of the plurality of video takes is captured” as shown below:
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`32.
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`The highlighted portion of the image above shows progress where the TikTok
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`application “play[s] the selected audio track while each video take of the plurality of video takes
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`is captured.” The audio track is played during the capture of video in the TikTok application.
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`33.
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`ByteDance and TikTok have infringed, and continue to infringe, at least claims 1,
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`3, 4, 5, 6, and 7 of the ’429 Patent in the United States, by making, using, offering for sale,
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`selling and/or importing the Accused Products in violation of 35 U.S.C. § 271(a).
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`34.
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`ByteDance and TikTok have infringed, and continue to infringe, at least claims 1,
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`3, 4, 5, 6, and 7 of the ’429 Patent in the United States by actively inducing others to use, offer
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`for sale, and sell the Accused Products. ByteDance and TikTok’s users, customers, agents, or
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`other third parties, who use those devices in accordance with TikTok’s instructions, infringe
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`claims 1, 3, 4, 5, 6, and 7 of the ’429 Patent, in violation of 35 U.S.C. § 271(a). Because TikTok
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`intentionally instructs its customers to infringe through training videos, demonstrations,
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`brochures, and user guides, such as the attached Exhibit H, TikTok is liable for infringement of
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`the ’429 Patent under 35 U.S.C. § 271(b).
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`35.
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`ByteDance and TikTok also have infringed, and continue to infringe, at least
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`claims 1, 3, 4, 5, 6, and 7 of the ’429 Patent by offering to commercially distribute, commercially
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`distributing, or importing the Accused Products, which is used in practicing the processes or
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`using the methods of the ’429 Patent, and constitutes a material part of the invention. For
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`example, TikTok provides mobile device apps for iOS and Android to its users, who install those
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`apps on their mobile devices, such as smartphones and tablets. A mobile device that has been
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`configured to use TikTok’s mobile device app to “creat[e] a music video in which a plurality of
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`video takes is synchronized to an audio track,” according to the invention of the ’429 Patent,
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`infringes at least claims 1, 3, 4, 5, 6, and 7 of the ’429 Patent.
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`36.
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`ByteDance and TikTok know portions of the Accused Products to be especially
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`made or especially adapted for use in infringement of the ’429 Patent, and not to be staple
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`articles, and not to be commodities of commerce suitable for substantial non-infringing use.
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`ByteDance and TikTok are therefore liable for contributory infringement of the ’429 Patent
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`under 35 U.S.C. § 271(c).
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`37.
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`ByteDance and TikTok are on notice of their infringement of the ’429 Patent by
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`no later than the filing and service of this Complaint. TikTok also received written notice of its
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`infringement of the ’429 Patent on July 27, 2020, when Triller electronically served TikTok with
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`an infringement notice letter at legal@tiktok.com.
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`38.
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`By the time of trial, ByteDance and TikTok will have known and intended (since
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`receiving such notice) that its continued actions would actively induce and contribute to the
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`infringement of at least claims 1, 3, 4, 5, 6, and 7 of the ’429 Patent.
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`39.
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`Upon information and belief, ByteDance and TikTok have infringed and continue
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`to infringe the ’429 Patent through other software versions and device implementations utilizing
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`the same or reasonably similar functionality, including other versions of the Accused Products.
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`40.
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`ByteDance and TikTok’s acts of direct and indirect infringement have caused and
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`continue to cause damage to Triller. Triller is therefore entitled to recover damages sustained as
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`a result of TikTok’s wrongful acts in an amount that is proven at trial.
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`41.
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`ByteDance and TikTok have willfully infringed and continue to willfully infringe
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`the ’429 Patent with knowledge of the ’429 Patent or were willfully blind to the Patent and the
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`risk of infringement.
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`42.
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`ByteDance’s and TikTok’s infringement of the ’429 Patent has caused and
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`continues to cause irreparable harm to Triller.
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`43.
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`As a result of the ByteDance’s and TikTok’s past and ongoing infringement,
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`Triller is entitled to injunctive relief.
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`PRAYER FOR RELIEF
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`WHEREFORE, Triller respectfully prays that the Court enter judgment in its favor and
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`against ByteDance and TikTok as follows:
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`a.
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`A judgment that ByteDance and TikTok have infringed one or more claims of the
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`’429 Patent literally and/or under the doctrine of equivalents directly and/or indirectly by
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`inducing infringement and/or by contributory infringement;
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`b.
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`c.
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`An award of damages pursuant to 35 U.S.C. § 284;
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`Entry of an injunction against further infringement of the ’429 Patent by
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`ByteDance and TikTok;
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`d.
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`e.
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`f.
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`g.
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`h.
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`A judgment that this is an exceptional case pursuant to 35 U.S.C. § 285;
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`An award of reasonable attorneys’ fees in this action;
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`An award of prejudgment and post-judgment interest on its damages;
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`An award of costs; and
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`Any such other and further relief as the Court deems proper.
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`DEMAND FOR JURY TRIAL
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`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Triller demands a trial
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`by jury for all issues so triable.
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`Date: July 29, 2020
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`/s/ Brian N. Platt w/ permission Wesley Hill
`Brian N. Platt (pro hac vice to be filed)
`Utah State Bar No. 17099
`Brent P. Lorimer (pro hac vice forthcoming)
`Utah State Bar No. 3731
`WORKMAN NYDEGGER
`60 East South Temple Suite 1000
`Salt Lake City, Utah 84111
`(801) 533-9800 (main line)
`(801) 328-1707 (facsimile)
`bplatt@wnlaw.com
`blorimer@wnlaw.com
`
`
`Wesley Hill
`Texas Bar No. 24032294
`Chad Everingham
`Texas Bar No. 00787447
`Andrea L. Fair
`Texas Bar No. 24078488
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
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`Case 6:20-cv-00693-ADA Document 1 Filed 07/29/20 Page 19 of 19
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`(903) 757-6400 (main line)
`(903) 757-2323 (facsimile)
`wh@wsfirm.com
`ce@wsfirm.com
`andrea@wsfirm.com
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`Attorneys for Plaintiff Triller, Inc.
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