Triller Moves to Stay TikTok Patent Suit Pending Inter Partes Review

Late last week, Triller Inc. moved for a stay of the suit filed by Beijing-based ByteDance Inc. and subsidiaries TikTok Inc. and TikTok Pte. Ltd. (together, ByteDance) now pending in the Northern District of California. The suit, one of two the parties are engaged in over technology relating to short-form videos synced with audio files, seeks a declaration that three of ByteDance’s patents do not infringe one owned by Triller and that Triller infringes three of its patents. The other is an infringement case filed by Triller that predates the declaratory suit.

In September, Triller, a social video platform, sought dismissal of the declaratory judgment case, arguing that the three asserted patents belonging to ByteDance are unpatentable for effectively claiming an abstract idea. Briefing on that motion is now complete and the matter is set for hearing in January, last week’s filing says.  

On November 10, Triller filed three petitions for inter partes review (IPR) with the Patent Trial and Appeal Board (PTAB), contending that all of the asserted claims of ByteDance’s three patents are anticipated or obvious. Now, Triller alleges that the court should pause the dispute until the Board reviews the claims.

The motion says that temporarily pausing the case will simplify the proceedings and conserve judicial resources, factors that weigh in favor of a stay under the applicable test. “The Board’s review could dispose of this matter entirely, narrow the scope of the issues, or limit the Defendant’s ability to raise issues that it might have raised in the IPR,” the motion says.

Triller also argues for a stay on the basis that the case is in an early stage of litigation and that the plaintiffs will not suffer prejudice. Triller points out that its IPR filings come just over two-months after infringement contentions. “Such action does not constitute undue prejudice because the legal entitlement to prepare and file an IPR within that time frame includes time to analyze claims and file a petition for review,” the motion explains.

ByteDance Inc. and TikTok Inc. are represented by Fish & Richardson P.C. Triller is represented by Workman Nydegger and  Feinberg Day Kramer Alberti Lim Tonkovich & Belloli LLP.