`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`TRILLER, INC.,
`
`
`Plaintiff,
`
`
`v.
`
`
`BYTEDANCE LTD., BYTEDANCE, INC.,
`TIKTOK, INC., AND TIKTOK PTE. LTD.,
`
`
`Defendants.
`
`
`
`
`
`
`Case No. 6:20-cv-00693-ADA
`
`JURY TRIAL DEMANDED
`
`Judge Alan D. Albright
`
`
`
`
`TRILLER’S NOTICE REGARDING DEFENDANTS’ MOTIONS TO DISMISS OR
`TRANSFER
`
`
`
`On November 19, 2020, defendant ByteDance Ltd. (“BDL”) filed a motion to dismiss
`
`under Rule 12(b)(2). ECF No. 29. On the same day defendant TikTok, Inc. (“TTI”) filed a
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`motion to dismiss under Rule 12(b)(3) or in the alternative to transfer to the Northern District of
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`California. ECF No. 30. On November 24, 2020, Plaintiff Triller, Inc. (“Triller”) filed a First
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`Amended Complaint. ECF No. 32. Triller believes that the First Amended Complaint answers
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`the objections raised by Defendants’ motions, adding considerable details regarding jurisdiction
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`and venue. The First Amended Complaint also adds ByteDance, Inc. (“BDI”) and TikTok pte.
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`Ltd. (“TTPL”) as defendants.
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`The filing of the First Amended Complaint moots BDL’s motions to dismiss under Rule
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`12(b)(2) and TTI’s motion to dismiss under Rule 12(b)(3). See, e.g., Uniloc 2017 LLC v. Cardo
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`Systems, Inc., No. 2:18-cv-00510 (E.D. Tex. April 9, 2019); Ultravision Technologies, LLC v.
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`Eaton Corp. PLC, No. 2:19-cv-00290 (E.D. Tex. Nov. 7, 2019). With respect to TTI’s
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`alternative request to transfer venue to the Northern District of California, (ECF No. 30 at 6-19),
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`
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`Case 6:20-cv-00693-ADA Document 33 Filed 11/24/20 Page 2 of 4
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`Triller intends to take venue discovery and notifies the Court it will respond to the motion to
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`transfer within two weeks of completion of venue discovery in accordance with the Court’s
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`recent Standing Order. On November 19, 2020, the Court issued its Standing Order Regarding
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`Venue and Jurisdictional Discovery Limits for Patent Cases. Pursuant to that Order, the Court
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`authorized the use of interrogatories, requests for production, requests for admission,
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`depositions, etc. to inform the issues underlying venue and jurisdictional disputes. Under the
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`Court’s Order, venue and jurisdictional discovery is to be completed no later than six months
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`after the filing of the initial motion[s], with responses to venue and jurisdictional motions due
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`two weeks after discovery is complete. Pursuant to the Court’s Order, on November 24, 2020,
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`Triller served discovery on BDL and TTI going to venue and jurisdictional issues. Triller has
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`also served courtesy copies of discovery on BDI and TTPL to expedite resolution in the event
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`either elects to file a motion to dismiss.
`
` DATED this 24th day of November, 2020.
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Brent P. Lorimer
`Brian N. Platt (pro hac vice)
`Utah State Bar No. 17099
`Brent P. Lorimer (pro hac vice)
`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
`Charles Everingham IV
`Texas Bar No. 00787447
`
`2
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`
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`Case 6:20-cv-00693-ADA Document 33 Filed 11/24/20 Page 3 of 4
`
`Andrea L. Fair
`Texas Bar No. 24078488
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
`(903) 757-6400 (main line)
`(903) 757-2323 (facsimile)
`wh@wsfirm.com
`ce@wsfirm.com
`andrea@wsfirm.com
`
`Attorneys for Plaintiff
`Triller, Inc.
`
`
`
`
`
`3
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`Case 6:20-cv-00693-ADA Document 33 Filed 11/24/20 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 24th day of November, 2020, I electronically filed the
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`foregoing using the court’s CM/ECF filing system which served all parties of record as follows:
`
`Frank E. Scherkenbach
`scherkenbach@fr.com
`Adam J. Kessel
`kessel@fr.com
`Proshanto Mukherji
`mukherji@fr.com
`One Marina Park Drive
`Boston, MA
`
`David M. Hoffman
`Texas Bar No. 24046084
`FISH & RICHARDSON P.C.
`111 Congress Avenue, Suite 810
`Austin, TX 78701
`hoffman@fr.com
`
`Attorneys for Defendants
`ByteDance Ltd. And
`TikTok, Inc.
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`/s/Brent P. Lorimer
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`4
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`
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