Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 1 of 18
`Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 1 of 18
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`EXHIBIT 23
`EXHIBIT 23
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`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 1 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 2 of 18
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`Frank E. Scherkenbach (SBN 142549 / scherkenbach@fr.com)
`Adam J. Kessel (pro hac vice application to be filed / kessel@fr.com)
`Proshanto Mukherji (pro hac vice application to be filed / mukherji@fr.com)
`Jeffrey Shneidman (pro hac vice application to be filed / shneidman@fr.com)
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210
`Telephone: (617) 542-5070
`Facsimile: (617) 542-8906
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`Michael R. Headley (SBN 220834 / headley@fr.com)
`FISH & RICHARDSON P.C.
`500 Arguello Street, Suite 500
`Redwood City, CA 94063
`Telephone: (650) 839-5070
`Facsimile: (650) 839-5071
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`Attorneys for Plaintiffs
`BYTEDANCE INC., TIKTOK INC., and TIKTOK PTE. LTD.
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`BYTEDANCE INC., TIKTOK INC., AND
`TIKTOK PTE. LTD.
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`Plaintiffs
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`v.
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`TRILLER, INC.
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`Defendant.
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`Case No. 3:20-cv-7572-TSH
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`FIRST AMENDED COMPLAINT FOR
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`(1) DECLARATORY JUDGMENT OF
`NON-INFRINGEMENT OF U.S.
`PATENT NO. 9,691,429
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`(2) INJUNCTION AGAINST TRILLER TO
`CEASE INFRINGEMENT OF U.S.
`PATENT NOS. 9,648,132, 9,992,322, &
`9,294,430
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`(3) DAMAGES FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`Plaintiffs Bytedance Inc. (“BDI”), TikTok Inc. (“TTI”), and TikTok Pte. Ltd. (“TTPL”)
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`(collectively, “Plaintiffs”) hereby bring this First Amended Complaint against Defendant Triller,
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`Inc. (“Triller” or “Defendant”) as follows:
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`FIRST AMENDED COMPLAINT
`Case No 3:20-cv-07572-TSH.
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`NATURE OF ACTION
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`1.
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`Plaintiffs BDI and TTI bring this action for a declaratory judgment of non-
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`infringement of U.S. Patent No. 9,691,429 (“the ’429 patent”). Plaintiffs TTI and TTPL also seek
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`an injunction against Triller and damages for Triller’s past and ongoing infringement of U.S. Patent
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`Nos. 9,648,132 (“the ’132 patent”), 9,992,322 (“the ’322 patent”), and 9,294,430 (“the ’430
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`patent”).
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`2.
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`Plaintiffs BDI and TTI seek a declaratory judgment that they do not infringe any
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`claim of the ’429 patent (attached as Exhibit A). Plaintiffs TTI and TTPL also seek remedies in
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`equity and law for Triller’s past and ongoing infringement of TikTok’s patented intellectual property
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`as set forth below.
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`3.
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`Plaintiffs are technology companies that provide and support a variety of mobile
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`software applications that enable people around the world to connect with, consume, and create
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`entertainment content, including via an application called “TikTok.” TikTok is a mobile software
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`application that millions of Americans, including many in this judicial district, use to create and
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`share short videos composed of expressive content.
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`4.
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`Defendant Triller is the developer, distributor, and operator of an application called
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`“Triller” which it characterizes as “an entertainment platform built for creators.”1 Defendant Triller
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`has alleged that TikTok infringes the ’429 patent, which is not correct. To the contrary, it is Triller
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`that improperly is infringing TTPL and TTI intellectual property, including by Triller’s past and
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`ongoing infringement of the ’132 patent, ’322 patent, and ’430 patent, which includes acts of
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`infringement in this judicial district.
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`Triller’s Accusations Against TikTok Are Without Merit
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`5.
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`On July 29, 2020, Triller filed a lawsuit against the entities TikTok Inc. and
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`Bytedance Ltd. in the Western District of Texas (C.A. No. 20-cv-00693) (“the Texas Litigation”)
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`alleging that those entities “directly and indirectly infringe the [’429] Patent by making, using,
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`offering for sale, selling, and importing the popular iOS and Android software application known
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`1 https://apps.apple.com/us/app/triller-social-video-platform/id994905763 (accessed Oct. 27,
`2020).
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`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
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`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 3 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 4 of 18
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`as ‘TikTok.’” Id., Dkt. No. 1 ¶3. Triller has alleged that the “Accused Products” in that lawsuit (the
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`“Accused TikTok Products”) are “software products [that] are available for iOS and Android hand-
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`held or tablet devices and are distributed under the TikTok brand name.” Id., ¶14. Triller has alleged
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`that “making, using, offering for sale, selling and/or importing the Accused Products” constitutes
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`patent infringement and violates at least 35 U.S.C. § 271(a), (b), and (c). Id. ¶34 et seq. Triller has
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`also alleged that various training videos, demonstrations, brochures, and user guides, which are
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`created by BDI or TTI, instruct users of the TikTok apps to infringe the ’429 patent. Id. Triller has
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`alleged that making the Accused TikTok Products (among other acts) infringes at least claims 1, 3,
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`4, 5, 6, and 7 of the ’429 patent. Id.
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`6.
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`Notwithstanding Triller’s allegations in the Texas Litigation, that district is not a
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`proper forum for a dispute concerning the Accused TikTok Products. Bytedance Ltd., a defendant
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`in that case, is a holding company based outside of the United States that does not have employees
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`or property in Texas. TTI, the other defendant in that case, has no employees or facilities in the State
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`of Texas and, more specifically, does not have any regular and established place of business in that
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`forum, and thus is not subject to venue under the Supreme Court’s decision in TC Heartland LLC
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`v. Kraft Foods Group Brands LLC, 581 U.S. ___ , 137 S. Ct. 1514 (2017). BDI and TTI thus bring
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`the instant action seeking declaratory judgment in a proper forum—in the state where the relevant
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`parties are based, and in the judicial district where a substantial part of the events or omissions
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`giving rise to Triller’s alleged infringement claims have occurred and continue to occur.
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`7.
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`BDI and TTI are the only companies based in the United States responsible for
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`developing, providing, and supporting the Accused TikTok Products. Triller’s actions and
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`allegations have created a real and immediate controversy between Triller, BDI, and TTI as to
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`whether the Accused TikTok Products infringe any claim of the ’429 patent. Triller’s lawsuit and
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`statements that “making” the Accused TikTok Products infringes the ’429 patent demonstrate that
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`it is highly likely that Defendant Triller will assert infringement against BDI in addition to its
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`previous allegations against TTI. In the meantime, the cloud of Triller’s allegations, including that
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`making the Accused TikTok Products infringes the ’429 patent, hangs over BDI and TTI.
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`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
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`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 4 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 5 of 18
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`8.
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`As set forth herein, BDI and TTI do not infringe and have not infringed the ’429
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`patent. Therefore, an actual and justiciable controversy exists as to whether BDI and TTI’s Accused
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`TikTok Products infringe any claim of the ’429 patent. A judicial declaration is necessary to resolve
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`the real, immediate, and justiciable controversy concerning these issues and to determine the
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`respective rights of the parties regarding the ’429 patent. BDI and TTI respectfully seek a judicial
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`determination that the ’429 patent is not directly or indirectly infringed by BDI and TTI, including
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`by their products and/or services.
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`Triller Infringes TikTok’s Patents
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`9.
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`Contrary to Triller’s assertions, it is Triller that is using TikTok’s innovative,
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`valuable, and patented functionality. Triller’s software application for the iOS operating system and
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`Triller’s software application for the Android operating system (collectively, the “Infringing Triller
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`Products”) infringe several TikTok patents, including the ’132 patent, ’322 patent, and ’430 patent,
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`which are owned by TTPL and exclusively licensed to TTI in the United States. The inventions
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`claimed and disclosed in TTPL’s multiple patents go to the heart of the Infringing Triller Products.
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`TikTok
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`Triller
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`For example, the ’132 patent, ’322 patent, and ’430 patent are each titled “Method
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`of enabling digital music content to be downloaded to and used on a portable wireless computing
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`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
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`device.” These patents claim a priority date of 2006, which predates the founding of Triller by nearly
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`a decade.
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`11.
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`For example, TikTok owns—and Triller infringes—the invention claimed in claim
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`30 of the ’322 patent, i.e., a “software application [that] is executable on a smartphone device … (a)
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`in which the software application allows the end-user to, over a wireless connection, create on a
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`remote server one or more user accounts with associated profiles for that end-user, wherein the
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`profiles are editable; and (b) the software application allows the end-user to, over the wireless
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`connection, view profiles created by other users of a service; and (c) the software application allows
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`the end-user to, over the wireless connection, interact with other users of the service; and (d) the
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`software application allows the end-user to, over the wireless connection, send and receive messages
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`to and from other users of the service; and (e) the software application allows the end-user to, over
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`the wireless connection, link his or her user account on the remote server to user accounts on the
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`remote server of other users of the same service or of other services.”
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`As a further example, TikTok owns—and Triller infringes—the invention claimed
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`in claim 35 of the ’322 patent, where that “software application is a music application wherein the
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`software application uses track meta-data that is formed as a separate meta-data layer and defines
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`attributes of tracks, the meta-data being external to a music track to make sharing and browsing of
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`track information possible without needing to distribute the related music track files.”
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`13.
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`As a still further example, TikTok owns—and Triller infringes—the invention
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`claimed in claim 51 of the ’322 patent, where “the software application [is] such that the service
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`provides over a wireless connection, recommendations to the user of people, media content or any
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`other items which the user might like, based on the user’s viewing … history, on the viewing …
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`history of any other users or on any other criteria.”
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`14.
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`As their titles suggest, TikTok’s other patents asserted in this litigation, specifically
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`the ’132 and ’420 patents, cover other aspects of “enabling digital music content to be downloaded
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`to and used on a portable wireless computing device,” which is critical functionality to Triller.
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`15.
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`As set forth herein, Triller has illegally practiced, and continues to practice and
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`infringe claims of the ’132, ’332, and ’430 patents, all in violation of 35 U.S.C. § 271.
`FIRST AMENDED COMPLAINT
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`Case No. 3:20-cv-07572-TSH
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`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 6 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 7 of 18
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`PARTIES
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`16.
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`Plaintiff BDI is a Delaware corporation having its principal place of business at 250
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`Bryant Street, Mountain View, California, 94041.
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`Plaintiff TTI is a California corporation having its principal place of business at 5800
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`Bristol Parkway, Culver City, California, 90230.
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`Plaintiff TTPL is a Singapore Corporation having its principal place of business at 8
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`Marina View Level 43 Asia Square Tower 1, Singapore, 018960.
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`On information and belief, and based on its allegations in the Texas Litigation,
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`Defendant Triller, Inc. is a Delaware corporation having its principal place of business at 2121
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`Avenue of the Stars, Suite 2320, Los Angeles, California, 90067.
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`20.
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`On information and belief, and based on its allegations in the Texas Litigation, Triller
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`is the owner of the ’429 patent.
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`JURISDICTION AND VENUE
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`Subject Matter Jurisdiction
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`This action arises under the Patent Act, 35 U.S.C. §§ 101 et seq. and the Declaratory
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`Judgment Act, 28 U.S.C. §§ 2201 et seq. This Court has subject matter jurisdiction over the claims
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`alleged in this action at least pursuant to 28 U.S.C. §§ 1331, 1338, 2201, and 2202.
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`22.
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`This Court can provide the declaratory relief sought in this Complaint because an
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`actual case and controversy exists between the parties within the scope of this Court’s jurisdiction
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`pursuant to 28 U.S.C. § 2201, at least because Triller has accused the Accused TikTok Products of
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`infringing its patent, e.g., by suing TTI as well as others for patent infringement alleging
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`infringement by “making” the Accused TikTok Products.
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`Plaintiff BDI makes the Accused TikTok Products that Triller alleges infringe, and
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`thus, BDI, in addition to TTI, should be the subject of Triller’s allegations. Triller has also alleged
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`that “portions of the Accused [TikTok] Products” are “especially made or adapted for use in
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`infringement of the ’429 Patent, and … [are] not suitable for substantial non-infringing use.” See
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`Texas Litigation Dkt. No. 1 ¶36, which implies that TTI and BDI’s roles in the development of those
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`products is an act of contributory infringement. Triller’s allegations against TTI and users of the
`FIRST AMENDED COMPLAINT
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`Case No. 3:20-cv-07572-TSH
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`Accused TikTok Products cast a cloud over TTI and BDI’s business, causing uncertainty for TTI
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`and BDI, regarding the ongoing provision or use of the Accused TikTok Products.
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`Triller has maintained this charge despite the fact that the Accused TikTok Products
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`(and use thereof) do not in fact infringe, and have not infringed, any claims of the ’429 patent.
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`Triller’s allegations and actions have created a real, live, immediate, and justiciable case or
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`controversy between Triller, TTI, and BDI.
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`Personal Jurisdiction
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`25.
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`This Court has personal jurisdiction over Triller. Triller’s principal place of business
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`is in California. Triller’s Terms of Service state that “Triller, Inc.[’s] address is at 2121 Avenue of
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`the Stars Suite 2350, Los Angeles, California 90067.” See Exhibit B.
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`26.
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`Triller also lists both Los Angeles and San Francisco among the locations of its
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`worldwide offices on its website, including at https://www.triller.co/faq/index.html:
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`27. Moreover, Triller has purposefully directed its activities toward and engaged in
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`numerous specific contacts within this District, including by soliciting and providing goods and
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`services to people in this District (in the form of Triller’s own Infringing Triller Products), and by
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`soliciting investment and receiving funding from persons in this District to fund the creation, use,
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`sale, and distribution of Triller’s Infringing Products. On information and belief, Triller also uses,
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`sells, or otherwise provides Triller’s Infringing Products to a number of end users in this District,
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`including end users who post and view videos located in this District, as shown in the exemplary
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`screenshots below. On information and belief, Triller also induces and contributes to infringement
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`by at least the end users of Triller’s Infringing Products in this District, including end users who
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`post and view videos located in this district as shown in the exemplary screen shots below.
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`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
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`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 8 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 9 of 18
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`28.
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`Triller has also purposefully directed its conduct at this District with its attempt to
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`enforce the ’429 patent by making accusations of infringement against the Accused TikTok
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`Products, which are made in this District.
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`Venue
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`29.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400 including because
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`a substantial part of the events giving rise to the claim presented in this Complaint occurred in this
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`District (see 28 U.S.C. § 1391(b)(2)). For example, BDI makes the TikTok Accused Products in this
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`District. Venue is also proper in this district because Triller’s principal place of business is in
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`California, and Triller “resides” in this District under Federal venue laws because it is subject to
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`personal jurisdiction in this district (see 28 U.S.C. § 1391(c)(2) & (d)). Venue is also proper in this
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`District because, on information and belief, Triller has committed acts of infringement in this
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`District, and Triller has a regular and established place of business in this District. For example, as
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`noted above at ¶26, Triller identifies San Francisco as an office location on its website.
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`30.
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`In addition, the TikTok Accused Products and Triller’s Infringing Products are
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`distributed to users in the United States through Apple’s App Store and Google Play, both of which
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`are run by companies with principal places of business in California and more specifically in this
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`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
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`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 9 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 10 of 18
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`judicial District. Apple’s principal place of business is in Cupertino, California, and Google’s
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`principal place of business is in Mountain View, California.
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`31.
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`CLAIMS FOR RELIEF
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`FIRST CLAIM FOR RELIEF –
`Declaratory Judgment of Noninfringement of the ’429 Patent
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`Plaintiffs BDI and TTI (the “Declaratory Judgment Plaintiffs”) incorporate the
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`allegations set forth in paragraphs 1-30 as though fully set forth herein.
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`32.
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`Neither the Declaratory Judgment Plaintiffs nor their products have infringed,
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`induced others to infringe, or contributed to infringement by others of, any claim of the ’429 patent.
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`Nor do any end-users of the Declaratory Judgment Plaintiffs’ products infringe any such claim.
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`33.
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`By way of example, neither the Declaratory Judgment Plaintiffs nor their products
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`infringe, induce others to infringe, or contribute to any infringement by others of, claims 1-10 of the
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`’429 patent, at least because the Declaratory Judgment Plaintiffs and their products do not perform
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`the method steps of “capturing a plurality of video takes” or “synchronizing each video take of the
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`plurality of captured video takes with the selected audio track while each video take of the plurality
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`of video takes is being captured, wherein synchronizing further comprises playing, from a first
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`beginning, the selected audio track at substantially the same time as a second beginning of capturing
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`each video take of the plurality of video takes.” Nor do any end-users of the Declaratory Judgment
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`Plaintiffs’ products perform this method step. This is at least because the Accused TikTok Products
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`do not provide a second “take,” meaning that the Accused TikTok products do not and cannot
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`perform the method steps requiring a “plurality of captured video takes” or “plurality of video
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`takes.”
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`34.
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`By way of further example, the Declaratory Judgment Plaintiffs’ products do not
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`infringe, induce others to infringe, or contribute to any infringement by others of, claims 11-16 of
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`the ’429 patent, at least because their products are not a “user device, comprising … at least one
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`processor operable to: … synchronize each video take of the plurality of captured video takes to the
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`recorded audio track as each video take of the plurality of video takes is being captured, wherein
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`9
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`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
`
`

`

`
`
`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 10 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 11 of 18
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`
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`synchronizing further comprises playing, from a first beginning, the selected audio track at
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`substantially the same time as a second beginning of capturing each video take of the plurality of
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`video takes.” Nor are the Declaratory Judgment Plaintiffs’ products installed or otherwise used by
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`end-users in a way that satisfies this claim limitation. This is at least because the Accused TikTok
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`Products do not provide a second “take,” meaning that the Accused TikTok products do not
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`comprise a user device with at least one processor operable to “synchronize each video take of the
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`plurality of captured video takes” or “plurality of video takes” in the manner claimed.
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`35.
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`By way of example, neither the Declaratory Judgment Plaintiffs nor their products
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`infringe, induce others to infringe, or contribute to any infringement by others of, claims 17-19 of
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`the ’429 patent, at least because the Declaratory Judgment Plaintiffs and their products do not
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`11
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`perform the method steps of “capturing a plurality of video takes” or “synchronizing, while the
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`12
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`plurality of video takes are being captured, each video take of the plurality of captured video takes
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`to the selected audio track, wherein synchronizing further comprises playing, from a first beginning,
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`the selected audio track at substantially the same time as a second beginning of capturing each video
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`15
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`take of the plurality of video takes; and creating a music video comprising the selected audio track
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`and at least a subset of the plurality of captured video takes synchronized to the selected audio track;
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`17
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`wherein creating comprises: displaying the subset of the plurality of captured video takes based on
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`18
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`the number of faces determined to be within each video take.” Nor do any end-users of the
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`19
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`Declaratory Judgment Plaintiffs’ products perform this method step. This is at least because the
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`20
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`Accused TikTok Products do not provide a second “take,” meaning that the Accused TikTok
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`products do not and cannot perform the method steps requiring a “plurality of captured video takes”
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`or “plurality of video takes.”
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`36.
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`As a result of the acts described in the foregoing paragraphs, there exists a definite
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`and concrete, real and substantial, justiciable controversy between Triller and the Declaratory
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`Judgment Plaintiffs regarding the noninfringement of the ’429 patent, including with respect to the
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`Declaratory Judgment Plaintiffs’ Accused TikTok Products. This controversy is of sufficient
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`immediacy and reality to warrant issuance of a Declaratory Judgment.
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`10
`
`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
`
`

`

`
`
`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 11 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 12 of 18
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`SECOND CLAIM FOR RELIEF –
`Infringement of the ’132 Patent
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`37.
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`TTPL and TTI incorporate the allegations set forth in paragraphs 1-36 as though fully
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`set forth herein.
`
`38.
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`TTPL is the assignee of the ’132 patent (a true and accurate copy of which is attached
`
`hereto as Exhibit C) and is the owner of all right, title, and interest in the ’132 patent, entitled
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`“Method of enabling digital music content to be downloaded to and used on a portable wireless
`
`computing device.” TTI is the exclusive licensee of the ’132 patent in the United States and, as the
`
`exclusive licensee, has the right to exclude Triller from practicing the ’132 patent.
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`39.
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`The ’132 patent was duly and properly issued by the U.S. Patent and Trademark
`
`Office on May 9, 2017.
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`40.
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`TTPL and TTI together have all rights to sue for and collect damages for past and
`
`ongoing infringement of the ’132 patent, as well as the right to seek an injunction for infringement
`
`of the ’132 patent.
`
`41.
`
`42.
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`Each claim of the ’132 patent is valid and enforceable.
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`In violation of 35 U.S.C. § 271, Triller has directly infringed at least claim 31 of the
`
`’132 patent, either literally or under the doctrine of equivalents, including by making, using, offering
`
`for sale, selling, and/or importing into the United States, at least the Infringing Triller Products.
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`Charts providing non-limiting exemplary evidence of this infringement, based solely on public
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`information after a reasonable investigation, are attached to this Complaint as Exhibit F-1. TTPL
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`and TTI reserve their rights to assert further infringement allegations, including, for example, on the
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`basis of information about the Infringing Triller Products that TTPL and TTI will obtain during
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`discovery.
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`43.
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`Triller has also infringed at least claim 31 of the ’132 patent by inducing others,
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`including end users of the Infringing Triller Products, to infringe at least claim 31 of the ’132 patent.
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`On information and belief, Triller takes active steps to induce infringement of at least claim 31 of
`
`the ’132 patent by others, including end users of the Infringing Triller Products, and Triller does so
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`knowing that those steps will induce, encourage and facilitate direct infringement by others. On
`
`
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`
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`11
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`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
`
`

`

`
`
`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 12 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 13 of 18
`
`
`
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`information and belief, Triller knows or should know that such activities induce others to directly
`
`infringe at least claim 31 of the ’132 patent.
`
`44.
`
`Triller also contributes to the infringement of at least claim 31 of the ’132 patent by
`
`others, including end users of the Infringing Triller Products. Acts by Triller that contribute to the
`
`infringement of others include, but are not limited to, the use, sale or provision of the Infringing
`
`Triller Products to end users of the Infringing Triller Products. The Infringing Triller Products are
`
`especially made or adapted for use to infringe at least claim 31 of the ’132 patent and are at least a
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`material part of those claims. The Infringing Triller Products, including the functionality
`
`contributing to infringement of the ’132 patent, are not a staple article or commodity of commerce
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`suitable for substantial noninfringing use.
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`45.
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`By way of at least this Amended Complaint, Triller knows of the ’132 patent and
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`performs acts that Triller knows, or should know, induce, and/or contribute to the direct
`
`13
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`infringement of the ’132 patent.
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`14
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`46.
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`TTPL and TTI have been irreparably harmed by Triller’s infringement of the ’132
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`patent and will continue to be harmed unless and until Triller’s infringement is enjoined by this
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`Court.
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`17
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`47. Moreover, by its actions, Triller has injured TTPL and TTI and is liable to TTPL and
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`18
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`TTI for infringement of the ’132 patent pursuant to 35 U.S.C. § 271. TTPL and TTI are entitled to
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`damages as set forth in at least 35 U.S.C. § 284.
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`THIRD CLAIM FOR RELIEF –
`Infringement of the ’322 Patent
`
`48.
`
`TTPL and TTI incorporate the allegations set forth in paragraphs 1-47 as though fully
`
`set forth herein.
`
`49.
`
`TTPL is the assignee of the ’322 Patent (a true and accurate copy of which is attached
`
`hereto as Exhibit D) and is the owner of all right, title, and interest in the ’322 patent, entitled
`
`“Method of enabling digital music content to be downloaded to and used on a portable wireless
`
`computing device.” TTI is the exclusive licensee of the ’322 patent in the United States and, as the
`
`exclusive licensee, has the right to exclude Triller from practicing the ’322 patent.
`
`
`
`
`
`12
`
`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
`
`

`

`
`
`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 13 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 14 of 18
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`50.
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`The ’322 patent was duly and properly issued by the U.S. Patent and Trademark
`
`Office on June 5, 2018.
`
`51.
`
`TTPL and TTI together have all rights to sue for and collect damages for past and
`
`ongoing infringement of the ’322 patent, as well as the right to seek an injunction for infringement
`
`of the ’322 patent.
`
`52.
`
`53.
`
`Each claim of the ’322 patent is valid and enforceable.
`
`In violation of 35 U.S.C. § 271, Triller has directly infringed at least claim 30 of the
`
`’322 patent, either literally or under the doctrine of equivalents, including by making, using, offering
`
`for sale, selling, and/or importing into the United States, at least the Infringing Triller Products.
`
`10
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`Charts providing non-limiting exemplary evidence of this infringement, based solely on public
`
`11
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`information after a reasonable investigation, are attached to this Complaint as Exhibit F-2. TTPL
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`12
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`and TTI reserve their rights to assert further infringement allegations, including, for example, on the
`
`13
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`basis of information about the Infringing Triller Products that TTPL and TTI will obtain during
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`discovery.
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`54.
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`Triller has also infringed at least claim 30 of the ’322 patent by inducing others,
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`including end users of the Infringing Trilling Products, to infringe at least claim 30 of the ’322
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`17
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`patent. On information and belief, Triller takes active steps to induce infringement of at least claim
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`18
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`30 of the ’322 patent by others, including end users of the Infringing Trilling Products, and Triller
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`19
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`does so knowing that those steps will induce, encourage and facilitate direct infringement by others.
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`20
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`On information and belief, Triller knows or should know that such activities induce others to directly
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`21
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`infringe at least claim 30 of the ’322 patent.
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`22
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`55.
`
`Triller also contributes to the infringement of at least claim 30 of the ’322 patent by
`
`23
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`others, including end users of the Infringing Triller Products. Acts by Triller that contribute to the
`
`24
`
`infringement of others include, but are not limited to, the use, sale or provision of the Infringing
`
`25
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`Triller Products to end users of the Infringing Triller Products. The Infringing Triller Products are
`
`26
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`especially made or adapted for use to infringe at least claim 30 of the ’322 patent and are at least a
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`27
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`material part of those claims. The Infringing Triller Products, including the functionality
`
`28
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`
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`
`
`13
`
`FIRST AMENDED COMPLAINT
`Case No. 3:20-cv-07572-TSH
`
`

`

`
`
`Case 4:20-cv-07572-JSW Document 9 Filed 11/11/20 Page 14 of 17Case 6:20-cv-00810-ADA Document 28-23 Filed 12/10/20 Page 15 of 18
`
`
`
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`contributing to infringement o