`REDACTED VERSION
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`10TALES, INC.,
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`
`
`Plaintiff,
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` v.
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`TIKTOK INC., TIKTOK PTE. LTD.,
`BYTEDANCE LTD., and BYTEDANCE
`INC.,
`
`
`
`Defendants.
`
`CIVIL ACTION NO. 6:20-CV-810-ADA
`
`JURY TRIAL DEMANDED
`
`TIKTOK PTE. LTD., BYTEDANCE INC., AND BYTEDANCE LTD.’S NOTICE OF
`JOINDER RE DEFENDANT TIKTOK INC.’S MOTION TO TRANSFER PURSUANT
`TO SECTION 1404
`
`In response to Plaintiff 10Tales, Inc. (“10Tales”) Original Complaint against Defendant
`
`TikTok Inc. (“TTI”), TTI moved to transfer the case to the Northern District of California (“N.D.
`
`Cal.”) pursuant to 28 U.S.C. § 1404.1 See ECF No. 24 (the “Transfer Motion”). Shortly thereafter,
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`10Tales amended its complaint to add three new defendants including Bytedance Inc. (“BDI”),
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`Bytedance Ltd. (“BDL”) and TikTok Pte. Ltd. (“TTPL”) (collectively the “New Defendants”).
`
`See ECF No 28. As explained briefly below, the New Defendants are similarly situated to TTI
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`with respect to the lack of any relevant connections to the Western District of Texas. Accordingly,
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`the New Defendants hereby join TTI’s Transfer Motion and respectfully request that this case be
`
`transferred to the N.D. Cal., which is both a proper and a far more convenient venue for all parties
`
`and third-parties to litigate this case.
`
`1 TTI also moved to dismiss for improper venue, and failure to state a claim. To streamline the
`proceedings (including to efficiently and expeditiously conclude venue discovery), TTI is no
`longer seeking dismissal based on improper venue. Similarly, for purposes of this case only, the
`New Defendants do not contest personal jurisdiction or venue and seek transfer under § 1404
`only.
`
`
`
`Case 6:20-cv-00810-ADA Document 50 Filed 02/12/21 Page 2 of 4
`
`REDACTED VERSION
`
`
`
`Adding the New Defendants does not disturb the fact that venue is proper in the N.D. Cal.
`
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`for all parties. First, as alleged in the Amended Complaint and stated in the Transfer Motion
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`
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`and
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`thus, venue is proper
`in the N.D. Cal. ECF No. 28 (Amended Complaint), ,r 27; ECF No. 24
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`(Motion to Transfer), at 14-17; Ex. A, ,r,r 11 , 13, 14. Second, as l0Tales concedes in its Amended
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`
`
`Complaint, BDL and TTPL are foreign c01porations,
`and thus, venue is proper in eve1y district
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`
`
`
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`also asserts that BDL offers where the alleged infringement occurs. ECF No. 28, ,r,r 6, 7. l0Tales
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`
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`
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`venue in the the accused TikTok app throughout the United States. ECF No. 28, ,r 12 . Therefore,
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`
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`N.D. Cal. is proper for TTPL and BDL as well.
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`
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`
`
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`
`
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`to the in favor of a transfer weighing interest factors The balance of the public and private
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`
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`
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`N.D. Cal. is also not disturbed by adding the New Defendants-there is still no connection to this
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`
`
`
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`case in Texas. See ECF No. 24 at 13-20.
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`if 6, 11.
`
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`ECF No. 24, Ex. A, if 9.
`and l0Tales does not asse1i othe1wise.
`
`
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`
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`ECF No. 24 at 13-20; Ex. A,
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`Id., ,r 11-
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`ECF No. 24 at 14-20.
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`
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`The N.D. Cal. is more convenient for all the parties, their witnesses, non-paiiy witnesses,
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`and document production-and there is no meaningful connection of this case to the Western
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`District of Texas. Accordingly, the Comi should grant the Transfer Motion.
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`2
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`
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`Case 6:20-cv-00810-ADA Document 50 Filed 02/12/21 Page 3 of 4
`REDACTED VERSION
`
`Dated: January 27, 2021
`
`By: /s/ Stephen S. Korniczky______________________________
`Stephen S. Korniczky (admitted pro hac vice)
`Martin R. Bader (admitted pro hac vice)
`Ericka J. Schulz (admitted pro hac vice)
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`12275 El Camino Real, Suite 200
`San Diego, CA. 92130
`T: 858.720.8900
`F: 858.509.3691
`skorniczky@sheppardmullin.com
`mbader@sheppardmullin.com
`eschulz@sheppardmullin.com
`
`Jason Mueller (State Bar No. 24047571)
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`2200 Ross Avenue, 24th Floor
`Dallas, TX 75201
`T: 469.391.7402
`F: 469.391.7550
`jmueller@sheppardmullin.com
`
`Attorneys for Bytedance Inc, Bytedance Ltd.,
`and TikTok Pte. Ltd.
`
`3
`
`
`
`Case 6:20-cv-00810-ADA Document 50 Filed 02/12/21 Page 4 of 4
`REDACTED VERSION
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on January 27, 2021, a true and correct copy of the foregoing sealed
`
`TIKTOK PTE. LTD., BYTEDANCE INC., AND BYTEDANCE LTD.’S NOTICE OF
`
`JOINDER RE DEFENDANT TIKTOK INC’S MOTION TO TRANSFER PURSUANT TO
`
`SECTION 1404 was served on counsel of record in this case by electronic mail.
`
`/s/ Stephen S. Korniczky
`Stephen S. Korniczky
`
`4
`
`
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