[REDACTED VERSION]
`Case 6:20-cv-00810-ADA Document 89-1 Filed 05/24/21 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CIVIL ACTION NO. 6:20-CV-810-ADA
`
`10TALES, INC.,
`
`Plaintiff,
`
` v.
`
`TIKTOK INC., TIKTOK PTE. LTD.,
`BYTEDANCE LTD., and BYTEDANCE
`INC.,
`
`Defendants.
`
`DECLARATION OF RUDOLPH “RUDY” FINK IV IN SUPPORT OF PLAINTIFF
`10TALES, INC.’S OPPOSITION TO DEFENDANTS’ MOTION TO TRANSFER
`UNDER 28 U.S.C. § 1404
`
`I, Rudolph “Rudy” Fink IV, declare under penalty of perjury that the following is true and
`
`correct:
`
`1.
`
`I am a member in good standing of the State Bar of Texas. I am duly licensed to
`
`practice law in the United States District Court, Western District of Texas.
`
`2.
`
`I am an attorney with Davis Firm, P.C., representing Plaintiff 10Tales, Inc. in the
`
`above entitled cause of action.
`
`3.
`
`Attached as Exhibit 1 are true and correct copies of the registration certificates from
`
`the United States Patent and Trademark Office’s website for the TIKTOK trademarks, Reg. Nos.
`
`6,069,518; 5,981,213; 5,981,212; 5,974,902; and 5,653,614, which were registered by Bytedance
`
`Ltd.
`
`4.
`
`Attached as Exhibit 2 is a true and correct copy of an e-mail exchange between
`
`counsel on March 24 and 25, 2021 as provided by counsel.
`
`
`Case 6:20-cv-00810-ADA Document 89-1 Filed 05/24/21 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CIVIL ACTION NO. 6:20-CV-810-ADA
`
`10TALES, INC.,
`
`Plaintiff,
`
` v.
`
`TIKTOK INC., TIKTOK PTE. LTD.,
`BYTEDANCE LTD., and BYTEDANCE
`INC.,
`
`Defendants.
`
`DECLARATION OF RUDOLPH “RUDY” FINK IV IN SUPPORT OF PLAINTIFF
`10TALES, INC.’S OPPOSITION TO DEFENDANTS’ MOTION TO TRANSFER
`UNDER 28 U.S.C. § 1404
`
`I, Rudolph “Rudy” Fink IV, declare under penalty of perjury that the following is true and
`
`correct:
`
`1.
`
`I am a member in good standing of the State Bar of Texas. I am duly licensed to
`
`practice law in the United States District Court, Western District of Texas.
`
`2.
`
`I am an attorney with Davis Firm, P.C., representing Plaintiff 10Tales, Inc. in the
`
`above entitled cause of action.
`
`3.
`
`Attached as Exhibit 1 are true and correct copies of the registration certificates from
`
`the United States Patent and Trademark Office’s website for the TIKTOK trademarks, Reg. Nos.
`
`6,069,518; 5,981,213; 5,981,212; 5,974,902; and 5,653,614, which were registered by Bytedance
`
`Ltd.
`
`4.
`
`Attached as Exhibit 2 is a true and correct copy of an e-mail exchange between
`
`counsel on March 24 and 25, 2021 as provided by counsel.
`
`
`
`Case 6:20-cv-00810-ADA Document 89-1 Filed 05/24/21 Page 2 of 4
`
`5.
`
`Attached as Exhibit 3 is a true and correct copy of the LinkedIn page for Mr. Sam
`
`Christie as downloaded by counsel.
`
`6.
`
`Attached as Exhibit 4 is a true and correct copy of the
`
` that was attached as Appendix 2 to Defendants’ First Supplemental Objections and
`
`Responses to 10Tales’ First Jurisdictional Interrogatories (Raghavan Deposition Ex. 5) as provided
`
`by counsel.
`
`7.
`
`Attached as Exhibit 5 is a true and correct copy of the LinkedIn page for Mr. Jie
`
`Xu, the Senior Director of Engineering for ByteDance in Beijing City, China, as downloaded by
`
`counsel.
`
`8.
`
`Attached as Exhibit 6 is a true and correct copy of U.S. Patent No. 8,813,125 as
`
`obtained from the U.S. Patent and Trademark Office.
`
`9.
`
`Attached as Exhibit 7 is a true and correct copy of the Texas Secretary of State
`
`Business Organization Inquiry results for Bytedance Inc.
`
`10.
`
`Attached as Exhibit 8 is a true and correct copy of Mr. Blake Chandlee’s LinkedIn
`
`page as downloaded by counsel.
`
`11.
`
`Attached as Exhibit 9 is a true and correct copy of excerpts from the transcript from
`
`the deposition of
`
` taken on April 12, 2021.
`
`12.
`
`Attached as Exhibit 10 is a true and correct copy of excerpts from the transcript
`
`from the deposition of
`
` taken on April 14, 2021.
`
`13.
`
`Attached as Exhibit 11 is a true and correct copy of excerpts from the transcript
`
`from the deposition of
`
` taken on April 14, 2021.
`
`14.
`
`Attached as Exhibit 12 is a true and correct copy of excerpts from the transcript
`
`from the deposition of
`
` taken on April 15, 2021.
`
`2
`
`
`
`Case 6:20-cv-00810-ADA Document 89-1 Filed 05/24/21 Page 3 of 4
`
`15.
`
`Attached as Exhibit 13 is a true and correct copy of Defendants’ Objections and
`
`Responses to 10Tales’ Second Jurisdictional Interrogatories (
`
` Deposition Ex. 3) as provided
`
`by counsel.
`
`16.
`
`Attached as Exhibit 14 is a true and correct copy of the Declaration of Mr. David
`
`Russek dated April 19, 2021.
`
`17.
`
`Attached as Exhibit 15 is a true and correct copy of the Supplemental Declaration
`
`of Roland Cloutier dated October 12, 2020 which TikTok, Inc. and Bytedance Ltd. filed in the
`
`United States District Court for the District of Columbia in the case styled TikTok, Inc. v. Donald
`
`J. Trump, Civil Case No. 20-cv-2658, as downloaded by counsel.
`
`18.
`
`On or about March 1, 2021, Defendants produced documents to 10Tales’ counsel.
`
`The document production included
`
` that appear to be in response to
`
`this Court’s Scheduling Order requiring Defendants to produce “technical documents, including
`
`software where applicable, sufficient to show the operation of the accused product(s).”
`
`. Attached as Exhibit 16
`
`is a true and correct copy of one such document produced by Defendants on March 1, 2021 and
`
`which Defendants identified with Bates Numbers TT0002174-TT0002190.
`
`19.
`
`One of the
`
` documents produced by Defendants
`
`Attached as Exhibit 17 is a copy of this document produced by Defendants on March 1, 2021 and
`
`which Defendants have identified with Bates Numbers TT0002293-TT0002295.
`
`20.
`
`information published on LinkedIn, there is a Zuotao (Michael) Liu” who works for Defendants
`
` Based on
`
`3
`
`
`
`Case 6:20-cv-00810-ADA Document 89-1 Filed 05/24/21 Page 4 of 4
`
`in Shanghai, China, and who claims to have been the “Engineer Manager – Recommendations,
`
`TikTok” from August 2018 through February 2021. Attached as Exhibit 18 is a printout from Mr.
`
`Liu’s LinkedIn
`
`page
`
`as
`
`downloaded
`
`by
`
`counsel which
`
`is
`
`accessible
`
`at
`
`https://www.linkedin.com/in/zuotao-liu-9164341b .
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on April 20, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Rudolph Fink IV
`Rudolph “Rudy” Fink IV
`
`
`
`
`
`
`
`
`4
`
`
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