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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 1 of 37
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`EXHIBIT A
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 2 of 37
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`10TALES, INC.,
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`Plaintiff,
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`v.
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`TIKTOK INC., TIKTOK PTE. LTD.,
`BYTEDANCE LTD., and
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`BYTEDANCE INC.,
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`Defendants.
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`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Case No. 6:20-cv-810-ADA
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`JURY TRIAL DEMANDED
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`PRELIMINARY INFRINGEMENT CONTENTIONS
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`The Court having deemed the Case Management Conference to have occurred on
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`December 21, 2020, and pursuant to the Order Governing Proceedings – Patent Case (to be filed),
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`10Tales, Inc. (“10Tales”) serves the following Preliminary Infringement Contentions to
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`Defendants TikTok Inc., TikTok Pte. Ltd., ByteDance Ltd., and ByteDance Inc. (collectively
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`“TikTok”) for U.S. Patent No. 8,856,030 (“the ’030 patent”). This disclosure is made solely for
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`the purpose of this action. Discovery in this matter is ongoing, and TikTok has provided no
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`discovery to date. 10Tales’ investigation regarding these and other potential grounds of
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`infringement is ongoing. This disclosure is therefore based upon information that 10Tales has
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`been able to obtain publicly, together with 10Tales’ current good faith beliefs regarding the
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`accused instrumentalities, and is given without prejudice to 10Tales’ right to obtain leave to
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`supplement or amend its disclosures as additional facts are ascertained, analyses are made, research
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`is completed, and claims are construed. Specifically, 10Tales expects that information obtained
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`during discovery but not publicly available, including but not limited to the inspection of source
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`1
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 3 of 37
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`code and technical specifications providing the details of TikTok’s system that implements its “For
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`You” feed functionality will further inform 10Tales’ contentions.
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`This disclosure is based upon 10Tales’ present understanding of the meaning and scope of
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`the claims of the Asserted Patent in the absence of claim construction proceedings. 10Tales
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`reserves the right to seek leave to supplement or amend this disclosure if its understanding of the
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`claims changes, including if the Court should construe them.
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`I.
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`Preliminary Infringement Contentions Claim Chart
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`The claim chart setting forth where in the accused products each element of the asserted
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`claims are found is attached as Exhibit A.
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`II.
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`Priority Date for Each Asserted Claim
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`Each asserted claim of the ’030 patent is entitled to a priority date of at least April 7, 2003,
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`when the provisional application that led to the ’030 patent was filed.
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`III.
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`Production of Documents
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`Documents produced bearing Bates numbers 10Tales0000001-10Tales0000275 contain a
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`copy of the ’030 patent and the file history for the ’030 patent.
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`Dated: December 14, 2020
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`Respectfully submitted,
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`
`
` /s/ William E Davis, III
`William E. Davis, III
`Texas State Bar No. 24047416
`bdavis@davisfirm.com
`THE DAVIS FIRM, PC
`213 N. Fredonia Street, Suite 230
`Longview, Texas 75601
`Telephone: (903) 230-9090
`Facsimile: (903) 230-9661
`
`Barry P. Golob (admitted pro hac vice)
`bgolob@cozen.com
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`2
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 4 of 37
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`Thomas J. Fisher (admitted pro hac vice)
`tfisher@cozen.com
`COZEN O’CONNOR
`1200 Nineteenth Street, NW
`Washington, D.C. 20036
`Telephone: (202) 912-4800
`Facsimile: (202) 861-1905
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`Attorneys for Plaintiff 10Tales Inc.
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 5 of 37
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on December 14, 2020, a true and correct copy of
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`PLAINTIFF’S PRELIMINARY INFRINGEMENT CONTENTIONS was served via email on all
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`counsel of record who are deemed to have consented to electronic service.
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` /s/ William E Davis, III
`William E. Davis, III
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`4
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 6 of 37
`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 6 of 37
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`EXHIBIT A
`EXHIBIT A
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 7 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`10Tales has prepared these contentions based on the opinion of those skilled in the art as to how the Accused
`Product is likely architected, and how the services likely operate, based on an inspection of the behavior of
`TikTok’s “For You” feed, and based on statements of Defendant. 10Tales will update these contentions, upon
`confirmation through discovery of how the Accused Product is architected and how the services operate.
`
`Accused Product: TikTok’s system implementing TikTok’s “For You” feed functionality.
`
`’030 Patent
`1[pre] A system for
`associating user
`attributes with digital
`media asset attributes
`and creating a user
`specific composite
`digital media display,
`the system comprising:
`
`Accused Product
`The Accused Product is a system that creates a personalized display of a composite of
`short-form videos for the user based on user attributes.
`
`“The TikTok application enables users to create and upload short videos that are fifteen
`seconds to one minute in duration. In this respect, TikTok operates much like other
`digital application platforms such as Snapchat, YouTube, and Instagram, in that users
`create and post content on the platform. TikTok offers features such as background
`music and augmented reality effects, but users control which features to pair with the
`content of their self-directed videos, and TikTok serves as a host for the content created
`by its users.” TikTok v. Trump, (D.D.C.), Complaint, ¶ 18; see also TikTok v. Trump,
`(C.D. Cal.), Complaint, ¶ 16.
`
`“TikTok is an inclusive communication platform for making and sharing short-form
`videos through the TikTok mobile application. It encourages users to celebrate what
`makes them unique, while finding a community that does the same. TikTok Inc.’s
`mission is to inspire creativity and bring joy. It strives to build a global community, in
`which users can create and share authentically, discover the world around them, and
`connect with others across the globe.” TikTok v. Trump, (D.D.C.), Complaint, ¶ 17; see
`also TikTok v. Trump, (C.D. Cal.), Complaint, ¶ 15.
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`1
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 8 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`According to TikTok, “one of the defining features of the TikTok Platform” is the “For
`You” feed whereby the TikTok platform presents a “stream of videos” curated to a
`particular user’s interests. TikTok generally explains the method it uses to associate
`user attributes (to determine the user’s interests) with attributes for the digital media
`assets (“video information” for short-form videos) to decide which videos to include in
`the stream of videos presented to a particular user (a user-specific composite digital
`media display), as follows:
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`2
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 9 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 10 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 11 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`1[a] a) a server;
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`Example of three consecutive videos from a TikTok “For You” feed on TikTok’s iOS
`app is shown above. A user may swipe up to access the next video in the feed.
`The Accused Product has a server.
`
`By way of example, TikTok’s Global Chief Security Officer, Roland Cloutier, declared
`under penalty of perjury that the TikTok application includes servers located in the
`United States that are either owned or leased by TikTok and on which TikTok stores its
`own proprietary software environment as part of the TikTok application. Mr. Cloutier
`also declared that user data and user content are stored on those servers.
`“With respect to user data in storage, TikTok was designed from the ground up to have
`a separate network architecture from other ByteDance products and services. TikTok
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`5
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 12 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`stores user data on servers in datacenters in the United States and Singapore.” TikTok
`v. Trump, (D.D.C.), Declaration of Roland Cloutier dated Sep. 19, 2020 (“Cloutier
`Decl.”), ¶ 8.
`
`“[China Unicom (Americas) Operations Ltd. (‘CUA’)] only provides datacenter space
`(i.e., the building itself and electricity) in its capacity as a reseller; it does not actually
`provide any server machines. Rather, ByteDance owns and operates all servers that are
`stored within the CUA facility. The ByteDance servers are located in a locked cage
`inside the facility, and CUA personnel must apply for one-time badge access each time
`they access the cage. ByteDance also has its own security team monitoring the
`technical access environment.” TikTok v. Trump, (D.D.C.), Supplemental Declaration
`of Roland Cloutier dated Oct. 12, 2020 (“Cloutier Suppl. Decl.”), ¶ 8.
`
`“In all instances, when we lease server space from other companies, the only things that
`we are purchasing are storage and computing capacity; we provide our own software
`environment. In particular, the operating system that runs on these leased servers is
`proprietary, the software stack that comprises the TikTok application is proprietary, and
`the logical controls that protect our software environment are proprietary. These
`controls include alerts that would inform us if someone on the physical premises of the
`datacenter was seeking to access our software environment.” Cloutier Suppl. Decl.,
`¶ 10.
`
`The Accused Product includes a computer-readable storage operably connected to the
`server for storing, inter alia, executable software, user attributes, and the short-form
`videos.
`
`“With respect to user data in storage, TikTok was designed from the ground up to have
`a separate network architecture from other ByteDance products and services. TikTok
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`6
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`1[b] b) a computer-
`readable storage
`medium operably
`connected;
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 13 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`stores user data on servers in datacenters in the United States and Singapore.” Cloutier
`Decl., ¶ 8.
`
`“In all instances, when we lease server space from other companies, the only things that
`we are purchasing are storage and computing capacity; we provide our own software
`environment. In particular, the operating system that runs on these leased servers is
`proprietary, the software stack that comprises the TikTok application is proprietary, and
`the logical controls that protect our software environment are proprietary. In short, the
`fact that server space is leased from another company does not mean that company has
`access to the TikTok information being stored on the server. To the contrary, our
`security controls are intended to help ensure that the companies from which we lease
`server space do not have access to our software environment. These controls include
`alerts that would inform us if someone on the physical premises of the datacenter was
`seeking to access our software environment.” Cloutier Suppl. Decl., ¶ 10.
`
`To the extent that the Accused Product distributes the software and/or the digital media
`assets over a distributed network of servers rather than on a single server, 10Tales
`contends that such a network design satisfies this limitation under the doctrine of
`equivalents.
`
`The server of the Accused Product executes a program that associates user attributes
`with attributes associated with the short-form videos to create a user specific composite
`digital media display consisting of a personalized set of short-form videos.
`
`TikTok’s Global Chief Security Officer, Roland Cloutier, declared under penalty of
`perjury that the software stack that comprises the TikTok application is proprietary and
`stored on storage connected to servers that TikTok owns and controls in the United
`States:
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`7
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`1[c] c) wherein the
`computer-readable
`storage medium
`contains one or more
`programming
`instructions for
`performing a method
`of associating user
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 14 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`attributes with digital
`media asset attributes
`and creating a user
`specific composite
`digital media display,
`the method
`comprising:
`
`
`“TikTok is a software application that enables users to create and share short-form
`videos that is available on a range of mobile devices. There are two main current
`versions of the TikTok application, only one of which is currently made available in the
`United States. For purposes of this declaration, I focus on the version of the application
`that is currently made available in the United States, which I will refer to as TikTok.”
`Cloutier Decl., ¶ 4.
`
`“[A]fter the software is built, further testing takes place, and an automated code review
`examines potential threats in the code and performs quality and security checks that are
`independent from the engineering process. Afterwards, additional security testing is
`independently conducted in the United States, separate from any China-based
`engineering functions, and is intended to be an extra protection for the security of our
`source code.” Cloutier Decl., ¶ 15.
`
`“[China Unicom (Americas) Operations Ltd. (‘CUA’)] only provides datacenter space
`(i.e., the building itself and electricity) in its capacity as a reseller; it does not actually
`provide any server machines. Rather, ByteDance owns and operates all servers that are
`stored within the CUA facility. The ByteDance servers are located in a locked cage
`inside the facility, and CUA personnel must apply for one-time badge access each time
`they access the cage. ByteDance also has its own security team monitoring the
`technical access environment.” Cloutier Suppl. Decl., ¶ 8.
`
`“In all instances, when we lease server space from other companies, the only things that
`we are purchasing are storage and computing capacity; we provide our own software
`environment. In particular, the operating system that runs on these leased servers is
`proprietary, the software stack that comprises the TikTok application is proprietary,
`and the logical controls that protect our software environment are proprietary. In short,
`the fact that server space is leased from another company does not mean that company
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`8
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 15 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`has access to the TikTok information being stored on the server. To the contrary, our
`security controls are intended to help ensure that the companies from which we lease
`server space do not have access to our software environment. These controls include
`alerts that would inform us if someone on the physical premises of the datacenter was
`seeking to access our software environment.” Cloutier Suppl. Decl., ¶ 10 (emphasis
`added).
`
`According to TikTok, “one of the defining features of the TikTok Platform” is the “For
`You” feed whereby the TikTok platform presents a “stream of videos” curated to a
`particular user’s interests. TikTok generally explains the method it uses to associate
`user attributes (to determine the user’s interests) with attributes for the digital media
`assets (“video information” for short-form videos) to decide which videos to include in
`the stream of videos presented to a particular user (a user-specific composite digital
`media display), as follows:
`
`
`9
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 16 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 17 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 18 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
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`The Accused Product executes a program that identifies a first set of short-form videos
`stored on the computer readable medium.
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`1[d] identifying a first
`set of digital media
`assets stored on the
`computer-readable
`storage medium,
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`
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`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
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`TikTok’s Global Chief Security Officer, Roland Cloutier, has declared under penalty of
`perjury that “TikTok stores” the short-form videos (which Mr. Cloutier refers to as
`“user content”) “on servers in datacenters in the United States.” Cloutier Decl., ¶ 8.
`Mr. Cloutier also states that the “user content is temporarily stored by a variety of
`content delivery networks to facilitate its transmission around the world.” 10Tales
`maintains that storage of user content on a storage medium regardless of whether that
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`storage medium is distributed, such as would be the case with TikTok’s content
`delivery network, meets this claim limitation literally, but if not literally, then under the
`doctrine of equivalents because regardless of the underlying storage architecture, the
`identified user content is stored on an accessible computer-readable storage medium.
`
`To the extent that the Accused Product utilizes distributes the digital media assets over
`a network of servers rather than on a single server, 10Tales contends that such a
`network design satisfies this limitation under the doctrine of equivalents.
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`The Accused Product executes a program that creates a composite of the identified first
`set of short-form videos.
`
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`1[e] creating, from the
`first set of digital
`media assets, a first
`composite digital
`media display,
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 20 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
`
`When a user first accesses the TikTok “For You” feed, the software running on the
`TikTok server creates a first composite digital media display (which TikTok refers to as
`a “generalized feed of popular videos”) from a first set of short-form videos (digital
`media assets).
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`The Accused Product executes a program that presents the composite of the identified
`first set of short-form videos to the user for display.
`
`
`1[f] presenting to the
`user via a display
`server, the first
`composite digital
`media display:
`
`
`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 21 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`The Accused System presents the first composite digital media display (which TikTok
`refers to as a “generalized feed of popular videos”) to a user device for display.
`
`
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`
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`The Accused Product executes a program that retrieves social network information
`from a variety of sources external to the composite of the first set of short-form videos,
`where the retrieved information contains user attributes.
`
`1[g] retrieving user
`social network
`information from at
`least one source
`external to the
`presented first
`composite digital
`media display, wherein
`the user social network
`information contains
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`one or more user
`attributes;
`
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`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 28 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`TikTok Privacy Policy, https://www.tiktok.com/legal/privacy-policy?lang=en, last
`accessed December 8, 2020.
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 29 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
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`An example of sign-up options on TikTok’s iOS app is shown above. The user may
`sign up to TikTok using a social media account such as Facebook.
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`The Accused Product executes a program that selects, based on the retrieved user
`attributes a second set of short-form videos associated with the retrieved user attributes.
`
`By way of example, TikTok acknowledges that it selects short-form videos for
`inclusion in a particular user’s “For You” feed based at least in part on that user’s
`social network information, such as videos a user likes or shares, accounts the user
`follows, comments the user posts for others in the network to review, and content the
`user creates:
`
`
`1[h] selecting, based
`on the user attributes in
`the social network
`information, a second
`set of digital media
`assets, wherein the
`second set of digital
`media assets is
`associated with one or
`more user attributes
`found in the user social
`network information;
`
`23
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 30 of 37
`
`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
`
`
`
`
`
`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
`
`TikTok also informs customers that TikTok collects information that users agree to
`share with TikTok from third-party social network providers (such as Facebook,
`Twitter, Instragram or Google) when the user links to or signs up for TikTok using that
`social network. TikTok also informs customers that it uses the information it collects
`about the user from the third-party social network providers to, inter alia, “customize
`the content [a user] see[s] when [he or she] use[s] the Platform,” “inform [TikTok’s]
`algorithms,” and “infer additional information” about the user’s “interests.” Thus, on
`information and belief, the Accused System also uses user attributes in the social
`network information that it collects from third-party social network providers to select
`a second set of short-form user videos.
`
`24
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 31 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
`
`
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`The Accused Product executes a program that monitors the first set of short-form
`videos for an opportunity to personalize the feed with the second set of short-form
`videos identified based on the retrieved user attributes.
`
`
`1[i] monitoring the first
`composite digital
`media display for the
`presence of a trigger,
`wherein the trigger
`indicates a
`personalization
`opportunity in the first
`set of digital media
`assets;
`
`
`
`
`
`25
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 32 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
`
`
`
`
`
`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`The Accused Product executes a program that performs a rule-based substitution of one
`or more of the short-form videos in the second set of short-form videos for the short-
`form videos in the first set of short-form videos to identify a user-specific—or
`personalized—set of short-form videos based on the retrieved user attributes.
`
`
`1[j] performing a rule
`based substitution of
`one or more of the
`digital media assets
`from the first set of
`digital media assets
`with one or more of the
`digital media assets
`from the second set of
`digital media assets to
`
`26
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 33 of 37
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
`
`
`create a user specific
`set of digital media
`assets;
`
`
`
`
`
`
`
`
`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
`
`27
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`

`

`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 34 of 37
`
`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
`
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`The Accused Product executes a program that creates a user-specific display of a
`composite of the identified user-specific—or personalized—set of short-form videos.
`
`
`1[k] creating, from the
`user specific digital
`media assets, a user
`specific composite
`digital media display;
`and
`
`
`
`
`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
`
`After determining the new short-form videos to substitute for short-form videos in the
`current user feed, the Accused Product creates a new feed by combining these user-
`specific—or personalized—set of short-form videos.
`
`
`28
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
`
`
`
`
`
`
`
`
`
`An example of three consecutive videos from a TikTok “For You” feed on TikTok’s
`iOS app for a user account that was conditioned to show an interest in dogs is shown
`above.
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`The Accused Product executes a program that presents the composite of the identified
`second set of short-form videos to the user for display.
`
`
`1[l] presenting to the
`user via the display
`server, the second
`
`29
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`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
`
`
`composite digital
`media display.
`
`
`
`
`How TikTok recommends videos #ForYou, https://newsroom.tiktok.com/en-us/how-
`tiktok-recommends-videos-for-you, last accessed December 8, 2020.
`
`The Accused System presents the second composite digital media display (which
`TikTok refers to as a “personalized feed of videos”) to a user device for display. See,
`e.g., https://support.tiktok.com/en/using-tiktok/exploring-videos/for-you?lang=en.
`
`
`
`
`30
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`Case 6:20-cv-00810-ADA Document 52-2 Filed 02/18/21 Page 37 of 37
`
`PRELIMINARY INFRINGEMENT CONTENTIONS – U.S. Patent No. 8,856,030 v. TikTok
`
`
`
`Because this claim limitation is carried out by software, 10Tales reserves the right to
`supplement these contentions based on TikTok’s source code and/or technical
`specifications once such information has been provided.
`
`
`
`
`31
`
`