Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 1 of 35
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Case No. 6:20cv693
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`TRILLER, INC.,
`
`
`
`
`
`BYTEDANCE LTD., BYTEDANCE INC.,
`TIKTOK INC., and TIKTOK PTE. LTD.
`
`
`
`
`Plaintiff,
`
`vs.
`
`Defendants.
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Triller, Inc. (“Triller”) files its First Amended Complaint in this patent infringement action
`
`against Defendants ByteDance Ltd. (“BDL”), ByteDance Inc. (“BDI”), TikTok Inc. (“TTI”), and
`
`TikTok Pte. Ltd. (“TTPL”), sometimes collectively referred to hereinafter as “Defendants.”
`
`NATURE OF THE CLAIMS
`
`This is an action for patent infringement. Triller alleges that BDL, BDI, TTI, and
`
`1.
`
`TTPL infringe U.S. Patent No. 9,691,429 titled “Systems and methods for creating music videos
`
`synchronized with an audio track” (“the ’429 Patent,” attached as Exh. 1) (the “Asserted Patent”).
`
`2.
`
`Triller is the developer and distributor of the innovative Triller social video
`
`platform application for iOS and Android. The Triller application is a leading entertainment
`
`platform built for creators in the social video community. The Triller application allows its users
`
`to create and share their own music video creations; its platform is built around innovative
`
`technology and intellectual property that provides users with the ability to create flawless,
`
`synchronized videos and to share those videos with other users in just seconds. Triller has invested
`
`enormous time and resources building its social platform and took particular care to protect its
`
`
`
`1
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 2 of 35
`
`
`
`intellectual property. Examples of Triller’s innovative platform and social video interface are
`
`reproduced below:
`
` •
`
`
`•
`
`
`
`
`Source: https://apps.apple.com/us/app/triller-social-video-platform/id994905763.
`
`•
`
`
`
`3.
`
`BDL, BDI, TTI, and TTPL directly and indirectly infringe the Asserted Patent by
`
`making, using, offering for sale, selling, importing, and/or inducing others to use the popular iOS
`
`and Android software application known as the “TikTok” app.
`
`Source: https://apps.apple.com/lc/app/tiktok-make-your-day/id835599320
`
`
`
`
`
`2
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 3 of 35
`
`
`
`
`THE PARTIES
`
`4.
`
`Plaintiff Triller, Inc. is a Delaware Corporation with offices in Los Angeles at 2121
`
`Avenue of the Stars, Suite 2320, Los Angeles, CA 90067. Triller is the owner of the ’429 Patent.
`
`5.
`
`6.
`
`7.
`
`8.
`
`On information and belief, BDL is a Cayman Islands corporation.
`
`On information and belief, BDI is a Delaware corporation.
`
`On information and belief, TTI is a California corporation.
`
`On information and belief, TTPL is a Singapore corporation.
`
`THE RELATIONSHIPS AMONG THE DEFENDANTS, THE TIKTOK APP,
`
`TIKTOK USERS, AND THIS DISTRICT
`
`9.
`
`BDL is the ultimate parent and owner of TTI, BDI, and TTPL.1
`
`10.
`
`On information and belief, BDL controls the majority of the shares or other
`
`ownership units of TTI, BDI, and TTPL and controls or attempts to control the activities of each
`
`of them.
`
`11.
`
`On information and belief, BDL shares common officers and/or directors with TTI.
`
`For example, Vanessa Pappas has testified that she is the “head of TikTok, Inc. and interim head
`
`of the global TikTok business for ByteDance Ltd.,”2 and purports to speak on behalf of TTI and
`
`BDL. Roland Cloutier has testified that he is the Global Chief Security Officer for TTI and that
`
`he provides cyber risk and data security support for both TTI and BDL, and purports to speak for
`
`
`1 Exh. 2, https://www.bytedance.com/en/
`2 Exh. 3, Declaration of Vanessa Pappas, ¶ 1, in TikTok Inc. and ByteDance Ltd. v. Donald J.
`Trump and Wilbur L. Ross, Jr., Civil Case No. 20-cv-2658, U.S. District Court for the District of
`Columbia (hereinafter the “DC Litigation”), Dkt No. 15-3.
`
`
`
`3
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 4 of 35
`
`
`
`both.3 Erich Andersen is the Global General Counsel for BDL and TTI.4 On information and
`
`belief, BDL’s founder, Zhang Yiming is an officer or director, directly or through a surrogate, of
`
`each of the Defendants. On information and belief, Defendants share additional officers and
`
`employees.
`
`12.
`
`BDL developed the TikTok app and operates and controls the TikTok app in the
`
`United States through subsidiaries and affiliates such as TTI, BDI, and TTPL.5
`
`13.
`
`BDL operates the TikTok app throughout the United States, including within this
`
`District.6
`
`14.
`
`On information and belief, BDL controls the general policies and administration of
`
`TTI, BDI, and TTPL.
`
`15.
`
`16.
`
`On information and belief, TTI, BDI, and/or TTPL are alter egos of BDL.
`
`BDL is the owner of a number of U.S. trademark registrations and applications,
`
`including, but not limited to, registrations nos. 6069518, 5981213, 5981212, 5653614 and 5974902
`
`and applications serial nos. 88386254, 88386243, and 88260950. All of these registrations and
`
`applications were filed in the name of BDL, all include variants of the “TikTok” name, and all
`
`claim use in commerce in the United States by BDL or by “[BDL’s] related company or
`
`licensee . . .”7
`
`17.
`
`TTI, BDI, and TTPL all use the TikTok marks as agents for BDL in the
`
`
`3 Exh. 4, Declaration of Roland Cloutier, Dkt No. 15-2, ¶¶ 1-3 from DC Litigation. Among other
`things, Mr. Cloutier testified that BDL personnel provide TTI engineering functions that allow
`BDL personnel to access encrypted TikTok user data. Id. at ¶¶ 10, 14.
`4 Exh. 5, https://www.linkedin.com/in/erich-andersen-b001ba84/
`5 Exh. 6, Complaint, TikTok Inc. and ByteDance Ltd. v. Donald J. Trump et al., Civil Case No.
`1:20-cv-2658, Dkt No. 1, ¶¶ 13, 20. See, also, https://support.tiktok.com/en/using-tiktok.
`6 Id. ¶ 1 (“TikTok [is] a mobile software application that 100 million Americans use”), ¶ 13.
`7 The registrations are attached hereto as Exhs. 7-11 and the applications are attached as Exhs.
`12-14.
`
`
`
`4
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 5 of 35
`
`
`
`manufacture, sale, offer for sale, and/or use of the TikTok app and in the inducement of others to
`
`use the TikTok app, including in this District.
`
`18.
`
`Through its agents TTI, BDI, and TTPL, BDL actively encourages and induces
`
`users to download and use the TikTok app according to instructions for such use made available
`
`to users by Defendants.
`
`19.
`
`The TikTok app has been widely distributed in this District by BDL through its
`
`agents TTI and TTPL using the Apple and Android App stores. For example, in July 2020, Baylor
`
`University announced that it had a TikTok account:8
`
`20.
`
`In July 2020, San Antonio Magazine reported on a number of local teens who have
`
`become famous using TikTok.9 On September 1, 2020, MY SA reported on “5 TikTok accounts
`
`
`
`
`8 Exh. 15 https://www2.baylor.edu/baylorproud/2020/07/introducing-baylors-tiktok-account-a-
`new-fun-way-to-engage-with-future-bears/.
`9 Exh. 16 https://www.sanantoniomag.com/local-teens-seek-stardom-in-tiktok/.
`
`
`
`5
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 6 of 35
`
`
`
`to follow for San Antonio flavor.”10 Use of the TikTok app in this District is extensive.11
`
`21.
`
`Use of the TikTok app in this District constitutes direct infringement of one or more
`
`of the claims of the ’429 patent.
`
`22.
`
`TTI operates the TikTok app in the United States, including within this District.12
`
`23.
`
`On July 8, 2020, the Apple App Store listed TTI as the seller of the TikTok app:13
`
`
`
`
`10 Exh. 17, https://www.mysanantonio.com/guidetosa11/slideshow/5-local-TikTok-accounts-to-
`follow-for-SA-flavor-207992.php.
`11 Exh. 18, https://allfamous.org/people/andre-swilley-19980516.html;
`Exh. 19, https://allfamous.org/people/owen-bodnar-20030729.html;
`Exh. 20, https://allfamous.org/people/damnitsriley-19971110.html;
`Exh. 21, https://allfamous.org/people/josh-horton-19900524.html;
`Exh. 22, https://allfamous.org/people/madison-harrelson-20010205.html;
`Exh. 23, https://allfamous.org/people/demetri-garcia-20001205.html.
`12 Exh. 6, Complaint in DC Litigation, Dkt. No. 1, ¶¶ 1, 20.
`13 https://web.archive.org/web/20200708064126if_/https://apps.apple.com/lc/app/tiktok-make-
`your-day/id835599320
`
`
`
`6
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 7 of 35
`
`
`
`24.
`
`Clicking on the “Privacy Policy” link on the July 8, 2020 archive.org copy of the
`
`TikTok page on the Apple App Store” brings up a page stating that the TikTok app is provided
`
`and controlled by TTI and that references to “TikTok” are references to TTI:14
`
`
`
`
`14 https://web.archive.org/web/20200708054104if_/https://www.tiktok.com/legal/privacy-
`policy?lang=en
`
`
`
`7
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 8 of 35
`
`
`
`
`
`
`
`25.
`
`On the same page as the “Privacy Policy” link, there is a link entitled “Terms of
`
`Service.” Clicking on the “Terms of Service” link brings up another page which confirms that
`
`references to “TikTok” are references to TTI:15
`
`26.
`
`The Terms of Service further provide that the Terms “form a legally binding
`
`agreement between you and [TTI],” that the user can access the TikTok app only in compliance
`
`
`15 https://web.archive.org/web/20200708054107if_/https://www.tiktok.com/legal/terms-of-
`use?lang=en
`
`
`
`8
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 9 of 35
`
`
`
`with the Terms of Service, and that by using the TikTok app the user agrees to the Terms of
`
`Service. The Terms of Service expressly grant the user the right to access and use the TikTok app.
`
`Id.
`
`27.
`
`TTI has provided the TikTok app to users in this District and has actively
`
`encouraged and induced them to use the app in this District by providing instructions on how to
`
`use the app.
`
`28.
`
`Users in this District have used the TikTok app.
`
`29.
`
`On information and belief, employees of TTI, acting in the course and scope of
`
`their employment, use and have used the TikTok app in this District.
`
`30.
`
`In early 2020, TTI leased space in a building located at the South by Southwest
`
`Center at 14th and Lavaca in Austin, Texas and had approximately 100 employees in that office.16
`
`Blake Chandlee, who is an authorized corporate signatory for TTI, works out of the TTI Austin
`
`office. Id.
`
`31.
`
`On or about August 8, 2020, Blake Chandlee, VP of TikTok (a/k/a TTI) Global
`
`Business Solutions, stated:
`
`We’re proud to build our presence in Austin and be a part of the thriving business and
`tech community locally. The Austin community embodies the same creative and
`entrepreneurial spirit that defines the TikTok community and we are going to do all we
`can to ensure our company’s future in Texas and the U.S. Our goal is to be here for years
`to come for our users, our creators and for the 1,500 people we currently employ in
`America, the 10,000 people we intend to hire here, including the hundreds of jobs we’re
`bringing to Austin.
`
`
`Exh. 25 (emphasis added).17
`
`
`16 Exh. 24, https://www.bizjournals.com/austin/news/2020/08/17/tiktok-austin-hiring-on-
`hold.html
`17 Exh. 25, https://cbsaustin.com/news/local/tiktok-to-bring-hundreds-of-jobs-to-austin-despite-
`president-trumps-executive-order
`
`
`
`9
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 10 of 35
`
`
`
`32.
`
`On or about August 24, 2020, TTI and BDL (not BDI) filed a complaint in the
`
`Central District of California seeking to enjoin President Trump’s ban on the TikTok app in the
`
`United States.18 On the same day, TTI (not BDI) issued a press release stating that it had filed
`
`the California complaint, providing quotes from the California complaint, and stating that TTI was
`
`hiring employees throughout the United States, including in Texas:
`
`Over the past few years, people of all backgrounds have embraced the TikTok
`community. Today, 100 million Americans turn to TikTok for entertainment,
`inspiration, and connection; countless creators rely on our platform to express their
`creativity, reach broad audiences, and generate income; our more than 1,500
`employees across the US pour their hearts into building this platform every day,
`with 10,000 more jobs planned in California, Texas, New York, Tennessee,
`Florida, Michigan, Illinois, and Washington State; and many of the country's
`leading brands are on TikTok to connect with consumers more authentically and
`directly than they can elsewhere.19
`
`33.
`
`“TikTok” a/k/a TTI has advertised to hire employees in Austin on the GlassDoor
`
`platform. Exh. 28a. As stated in TTI’s Terms of Service and consistent with TTI’s August 24
`
`press release, “TikTok” refers to TTI. The TTI ads for “TikTok” employees on GlassDoor are
`
`separate from ads placed for “ByteDance” employees. Exh. 28b.
`
`34.
`
`Likewise, “TikTok” has advertised to hire employees in Austin on the tiktok.com
`
`website. Exh. 29. As stated in TTI’s Terms of Service and consistent with TTI’s August 24 press
`
`release, “TikTok” refers to TTI. The TTI ads for “TikTok” employees are separate from ads placed
`
`for “ByteDance” employees on www.bytedance.com. Exh. 30.
`
`35.
`
`Ramiro Sarabia, a TTI employee, states on his LinkedIn profile that he is the Brand
`
`Partnerships Manager at TikTok, Inc. and that he is employed in Austin, Texas.20 Other
`
`
`18 Exh. 26, TikTok Inc. and ByteDance Ltd. v. Donald J. Trump et al., Civil Case No. 2:20-cv-
`7672, U.S. District Court for the Central District of California, Dkt No. 1.
`19 Exh. 27, https://newsroom.tiktok.com/en-us/tiktok-files-lawsuit
`20 Exh. 31, https://www.linkedin.com/in/ramsarabia/
`
`
`
`10
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 11 of 35
`
`
`
`individuals associated with TikTok characterize themselves as being employed by TikTok (TTI)
`
`and ByteDance. They do not state that they are employed by TikTok or BDI. For example, Blake
`
`Chandlee refers to himself as the VP of Global Business Solutions “at ByteDance / TikTok.”21
`
`Ashley Elizabeth Brown refers to herself as the “office administrator at ByteDance / TikTok.”22
`
`TTI has asserted in this action that employees in the Austin office are BDI, not TTI employees,
`
`but those employees refer to themselves as “TikTok” employees, not BDI employees. See, Exh.
`
`34. On information and belief, TTI employees perform services for BDI, and BDI employees
`
`perform services for TTI.
`
`36.
`
`BDI and TTI create training videos, demonstrations, brochures, and user guides to
`
`instruct users how to use the TikTok app.23
`
`37.
`
`TTI and BDI both support the TikTok app in the U.S.24
`
`38.
`
`TTI and BDI are both responsible for developing, providing, and supporting the
`
`TikTok app.25
`
`39.
`
`Nicola Raghavan, who purports to be an employee of TTI, has filed a declaration
`
`in which she makes statements on behalf of both TTI and BDI.26
`
`40.
`
`On November 15, 2019, TTI filed an Application for Registration of a Foreign For
`
`Profit Corporation with the Texas Secretary of State. The Application was signed by Blake
`
`Chandlee “subject to the penalties imposed by law for the submission of a materially false or
`
`
`21 Exh. 32, https://www.linkedin.com/in/blakechandlee/
`22 Exh. 33, https://www.linkedin.com/in/ashley-elizabeth-brown-865110136/
`23 Exh. 35, First Amended Complaint, Dkt. No. 9, ¶ 5, ByteDance, Inc., TikTok, Inc., and TikTok
`Pte. Ltd. v. Triller, Inc., Case No. 3:20-cv-7572 (N.D. Cal).
`24 Dkt. No. 26-2, Raghavan Decl., ¶¶ 3, 15.
`25 Exh. 35, First Amended Complaint, Dkt. No. 9, ¶ 7, ByteDance, Inc., TikTok, Inc., and TikTok
`Pte. Ltd. v. Triller, Inc., Case No. 3:20-cv-7572 (N.D. Cal).
`26 Dkt. No. 26-2, Raghavan Decl., ¶¶ 3, 10, 11, 12, 15, 16.
`
`
`
`11
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 12 of 35
`
`
`
`fraudulent instrument.” Chandlee “certifie[d] under penalty of perjury that [he] is authorized
`
`under the provisions of law governing the entity to execute the filing instrument.” Exh. 36.
`
`41.
`
`On January 6, 2020, TTI filed a Certificate of Correction with the Texas Secretary
`
`of State, identifying and correcting certain errors in previous filings. The Certificate of Correction
`
`was signed by Blake Chandlee “subject to the penalties imposed by law for the submission of a
`
`materially false or fraudulent instrument.” Chandlee “certifie[d] under penalty of perjury that
`
`[he] is authorized under the provisions of law governing the entity to execute the filing
`
`instrument.” Exh. 37.
`
`42.
`
`On August 14, 2020, TTI filed a Statement of Change of Registered Office / Agent
`
`with the Texas Secretary of State. The Statement of Change is signed by Zhao Liu, as president
`
`of TTI. Exh. 38.
`
`43.
`
`On January 7, 2020, BDI filed an Application for Registration of a Foreign For
`
`Profit Corporation with the Texas Secretary of State. That application names Zhao Liu as a
`
`director of BDI. Exh. 39. The Application was signed by Blake Chandlee “subject to the penalties
`
`imposed by law for the submission of a materially false or fraudulent instrument.” Chandlee
`
`“certifie[d] under penalty of perjury that [he] is authorized under the provisions of law
`
`governing the entity to execute the filing instrument.” Id.
`
`44.
`
`On January 13, 2020, BDI filed a Certificate of Correction with the Texas Secretary
`
`of State, identifying and correcting certain errors in previous filings. The Certificate of Correction
`
`was signed by Blake Chandlee “subject to the penalties imposed by law for the submission of a
`
`materially false or fraudulent instrument.” Chandlee “certifie[d] under penalty of perjury that
`
`[he] is authorized under the provisions of law governing the entity to execute the filing
`
`instrument.” Exh. 40.
`
`
`
`12
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 13 of 35
`
`
`
`45.
`
`The January 13 Certificate of Correction lists Blake Chandlee and Zhao Liu as
`
`“directors” of BDI. Id.
`
`46.
`
`BDI has a regular and established place of business in this District.27
`
`47.
`
`BDI “makes” the TikTok app.28
`
`48.
`
`On information and belief, BDI actively encourages and induces users to use the
`
`TikTok app with the intent that they will use the app according to instructions provided with the
`
`app.
`
`49.
`
`On information and belief, BDI employees, acting in the course and scope of their
`
`duties as employees of BDI use and have used the TikTok app in its office in this District.
`
`50.
`
`BDI has actively solicited the hiring of employees in this District as “ByteDance”
`
`employees through the GlassDoor platform and on the www.bytedance.com website. Exhs. 28b,
`
`30. Such solicitations are separate from solicitations for “TikTok” employees. Exhs. 28a, 29.
`
`51.
`
`On information and belief, TTI conducts operations out of the BDI offices and/or
`
`offices shared with BDI in Austin and therefore has a regular and established place of business in
`
`this District.
`
`52.
`
`53.
`
`On information and belief, BDI is the agent and/or the alter ego of TTI.
`
`As of the date of this First Amended Complaint, the Apple App Store lists TTPL,
`
`not TTI, as the seller of the TikTok app:29
`
`
`27 Dkt. No. 26-2, Raghavan Decl., ¶ 11.
`28 Exh. 34, First Amended Complaint, Dkt. No. 9, ¶ 23, ByteDance, Inc., TikTok, Inc. and TikTok
`Pte. Ltd. v. Triller, Inc., Case No. 3:20-cv-7572 (N.D. Cal).
`29 https://apps.apple.com/us/app/tiktok-it-starts-with-you/id835599320
`
`
`
`13
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 14 of 35
`
`
`
`
`
`
`
`54.
`
`The TikTok page on the Apple App Store referenced above also includes a link
`
`entitled “Privacy Policy.”
`
`55.
`
`Clicking on the “Privacy Policy” brings up a page stating that the TikTok app is
`
`provided and controlled by TTI and that references to “TikTok” are references to TTI:30
`
`
`30 https://www.tiktok.com/legal/privacy-policy
`
`
`
`14
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 15 of 35
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The “Privacy Policy” page also includes a link for Terms of Service.”31
`
`The “Terms of Service” page on the TikTok site confirms that the TikTok app is
`
`56.
`
`57.
`
`provided by TTI and that references to “TikTok” are references to TTTI:32
`
`58.
`
` The Terms of Service further provide that they constitute an agreement between
`
`TTI and the user, that the user can access the TikTok app only in compliance with the Terms of
`
`Service, and that by using the TikTok app the user agrees to the Terms of Service. The Terms of
`
`
`
`
`31 https://www.tiktok.com/legal/privacy-policy
`32 https://www.tiktok.com/legal/terms-of-use?lang=en
`
`
`
`15
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 16 of 35
`
`
`
`Service expressly grant the user the right to access and use the TikTok app. Id.
`
`59.
`
`Defendants provide instructions to TikTok users on how to use the app and its
`
`various features. See, e.g., https://support.tiktok.com/en/using-tiktok
`
`60.
`
`On information and belief, TTPL has provided the TikTok app to users in this
`
`District who have used the app in this District pursuant to instructions provided by TTPL.
`
`JURISDICTION AND VENUE
`
`61.
`
`This action for patent infringement arises under the Patent Laws of the United
`
`States, 35 U.S.C. § 1 et. seq. This Court has original jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338.
`
`62.
`
`By reason of its operation and control of the TikTok app and of TTI, BDI, and
`
`TTPL, BDL has caused the TikTok app to be distributed in this District and has actively
`
`encouraged and induced users to use the app according to instructions provided by Defendants.
`
`Additionally, BDL has, through its subsidiaries and agents TTI and TTPL, entered into contracts
`
`for the use of the TikTok app in this District, has regularly done and solicited business and has
`
`derived substantial revenue from the distribution and use of the TikTok app in this District. The
`
`conduct of BDL constitutes inducement of infringement and has resulted in the commission of a
`
`tort in this District. Additionally, BDL developed the TikTok app, placed the app in the stream of
`
`commerce, and acting in concert with TTI, TTPL, and BDI, caused the app to be distributed in this
`
`District with the intent that it be used pursuant to the instructions provided by Defendants. BDL
`
`has therefore engaged in contacts with this District that satisfy the Texas Long Arm Statute, Tex.
`
`Civ. Prac. & Rem. Code § 17.042. The exercise of personal jurisdiction over BDL is not
`
`unreasonable and does not offend traditional notions of fair play and substantial justice.
`
`63.
`
`BDL is a foreign corporation, and venue is therefore proper in this District because
`
`
`
`16
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 17 of 35
`
`
`
`pursuant to 28 U.S.C. § 1391(c)(3), foreign defendants are subject to venue in any district in the
`
`United States.
`
`64.
`
`TTI has entered into contracts with residents of this District and by its active
`
`encouragement and inducement of infringement in this District has committed tortious acts in the
`
`State of Texas. On information and belief, TTI has also committed acts of direct infringement by
`
`using the TikTok app in this District. TTI has therefore engaged in contacts with this District that
`
`satisfy the Texas Long Arm Statute, Tex. Civ. Prac. & Rem. Code § 17.042. The exercise of
`
`personal jurisdiction over TTI is not unreasonable and does not offend traditional notions of fair
`
`play and substantial justice.
`
`65.
`
`TTI has committed acts of infringement in this District and has a regular and
`
`established place of business in this District, either directly or through its agent BDI. Venue is
`
`therefore proper over TTI pursuant to 28 U.S.C. § 1400(b).
`
`66.
`
`BDI has committed tortious acts in this District by actively encouraging and
`
`inducing users to use the TikTok app pursuant to instructions accompanying the app. On
`
`information and belief, BDI has also committed acts of direct infringement by using the TikTok
`
`app in this District. BDI has therefore engaged in contacts with this District that satisfy the Texas
`
`Long Arm Statute, Tex. Civ. Prac. & Rem. Code § 17.042. The exercise of personal jurisdiction
`
`over BDI is not unreasonable and does not offend traditional notions of fair play and substantial
`
`justice.
`
`67.
`
`BDI not only has committed acts of infringement within this District but also has a
`
`regular and established place of business in this District. Venue is therefore proper over BDI
`
`pursuant to 28 U.S.C. § 1400(b).
`
`68.
`
`TTPL has entered into contracts with residents of this District and by its active
`
`
`
`17
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 18 of 35
`
`
`
`encouragement and inducement of infringement in this District has committed tortious acts in the
`
`State of Texas. TTPL has therefore engaged in contacts with this District that satisfy the Texas
`
`Long Arm Statute, Tex. Civ. Prac. & Rem. Code § 17.042. The exercise of personal jurisdiction
`
`over TTPL is not unreasonable and does not offend traditional notions of fair play and substantial
`
`justice.
`
`69.
`
` TTPL is a foreign corporation, and venue is therefore proper in this District
`
`because foreign defendants are subject to venue in any district in the United States pursuant to 28
`
`U.S.C. § 1391(c)(3).
`
`FIRST CLAIM FOR RELIEF
`
`INDUCEMENT OF INFRINGEMENT OF U.S. PATENT NO. 9,691,429
`
`70.
`
`Triller incorporates all of the allegations of all of the preceding paragraphs of this
`
`Complaint as if fully set forth herein.
`
`71.
`
`On June 27, 2017, the’429 Patent, titled “Systems and methods for creating music
`
`videos synchronized with an audio track” duly and legally issued. A true and correct copy of the
`
`’429 Patent is attached as Exh. 1.
`
`72.
`
`Triller is the owner of the ’429 Patent.
`
`73.
`
`74.
`
`Pursuant to 35 U.S.C. § 282, the ’429 Patent is presumed valid.
`
`On July 27, 2020, Triller sent BDL and TTI a copy of the ’429 patent and notice of
`
`its infringement of that patent to legal@tiktok.com. That notice and the Complaint in this action
`
`put BDL and TTI, as well as BDI and TTPL through their agents, on notice of the existence of the
`
`’429 patent and the fact that they infringe the ’429 patent. By reason of the Complaint and this
`
`First Amended Complaint, BDI and TTPL have received additional notice of the existence of the
`
`’429 patent and the fact that they infringe the ’429 patent.
`
`
`
`18
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 19 of 35
`
`
`
`75.
`
`Defendants make, use, offer for sale, distribute, and/or sell in the United States
`
`and/or import into the United States the TikTok app and related software products that provide
`
`TikTok users with social video platform services to create and distribute music videos. Such
`
`software products are available for iOS and Android hand-held or tablet devices and are distributed
`
`under the TikTok brand name (the “TikTok app” or “Accused Product”), as shown below:
`
`Source: https://apps.apple.com/lc/app/tiktok-make-your-day/id835599320 (Exh. 41).
`
`76.
`
`The TikTok app is described by Defendants as follows:
`
`
`
`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.
`
`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
`
`
`
`19
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 20 of 35
`
`
`
`your videos to the next level with special effects, filters, music, and more.
`
` ■
`
` Watch endless amount of videos customized specifically for you
`
` A
`
` personalized video feed based on what you watch, like, and share. TikTok
`offers you real, interesting, and fun videos that will make your day.
`
` ■
`
` Explore videos, just one scroll away
`
`
`Watch all types of videos, from Comedy, Gaming, DIY, Food, Sports,
`Memes, and Pets, to Oddly Satisfying, ASMR, and everything in between.
`
` ■
`
` Pause recording multiple times in one video
`
`
`Pause and resume your video with just a tap. Shoot as many times as you
`need.
`
` ■
`
` Be entertained and inspired by a global community of creators
`
`
`Millions of creators are on TikTok showcasing their incredible skills and
`everyday life. Let yourself be inspired.
`
` ■
`
` Add your favorite music or sound to your videos for free
`
`
`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.
`
` ■
`
` Express yourself with creative effects
`
`
`Unlock tons of filters, effects, and AR objects to take your videos to the
`next level.
`
` ■
`
` Edit your own videos
`Our integrated editing tools allow you to easily trim, cut, merge and
`duplicate video clips without leaving the app.
`
`Source: https://apps.apple.com/lc/app/tiktok-make-your-day/id835599320 (Id.).33
`
`77.
`
`Upon information and belief, use of the TikTok app infringes at least claims 1, 3,
`
`
`33 This description appeared at the referenced link in July 2020 when TTI was listed as the
`“seller” of the TikTok app.
`
`
`
`20
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 21 of 35
`
`
`
`4, 5, 6, and 7 of the ’429 Patent in at least the exemplary manner described below.
`
`78.
`
`As for claim 1, the TikTok app provides “A method for creating a music video in
`
`which a plurality of video takes is synchronized to an audio track,” as shown in the screenshots
`
`below.
`
`
`
`
`
`
`
`
`
`79.
`
`As for claim 1, the TikTok app provides for “selecting an audio track” as shown
`
`below, which allow for the selection of an audio track via the “sounds” menu.
`
`
`
`21
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 22 of 35
`
`
`
`80.
`
`As for claim 1, the TikTok app provides for “capturing a plurality of video takes”
`
`
`
`
`
`as shown in the screenshots below, by selecting the red “record” button.
`
`
`
`22
`
`
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 23 of 35
`
`
`
`
`
`81.
`
`The TikTok app further provides for the selection of prior video takes, as shown in
`
`the screenshots below, by selecting the “Green Screen Video” effect option.
`
`
`
`
`
`82.
`
`Introduced on or about December 11, 2019 (see Exh. 42) the TikTok app “Green
`
`Screen Video” effect option allows users to shoot multiple video takes synchronized to an audio
`
`track.
`
` Defendants describe
`
`the
`
`feature
`
`in
`
`a blog post
`
`(id., available at
`
`https://newsroom.tiktok.com/en-us/new-green-screen-video-effect-puts-users-at-the-center-of-
`
`the-action) as follows:
`
`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.
`
`(See Exh. 42 at 1).
`
`83.
`
`As for claim 1, the TikTok app provides for “synchronizing each video take of the
`
`
`
`23
`
`

`

`Case 6:20-cv-00693-ADA Document 32 Filed 11/24/20 Page 24 of 35
`
`
`
`plurality of captured video takes with the selected audio track while each video take of the plurality
`
`of video takes is being captured, wherein synchronizing further comprises playing, from a first
`
`beginning, the selected audio track at substantially the same time as a second beginning of
`
`capturing each video take of the plurality of video takes” through its “Green Screen Video” effect,
`
`which permits the user to synchronize each video take with the selected audio track while each
`
`video take of the plurality of video takes is being captured. The user screenshots below from
`
`TikTok user rhia.official show the synchronized video takes with the selected audio track, as per
`
`claim 1:
`
`
`
`
`
`
`
`Source: https://www.tiktok.com/@rhia.official/video/6846437398528691462,
`https://www.tiktok.com/@rhia.official/video/682