DCT

2:23-cv-00496

Cellspin Soft Inc v. ByteDance Ltd

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:23-cv-00496, E.D. Tex., 10/20/2023
  • Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas based on Defendant’s business activities in the district, including the use of data centers in Plano and Richardson, the employment of remote workers, and Defendant’s “Project Texas” initiative, which involves source code review by Oracle at its Texas locations.
  • Core Dispute: Plaintiff alleges that Defendant’s TikTok, Lemon8, and Capcut mobile applications, as well as associated Bluetooth peripheral devices sold through its platform, infringe seven patents related to methods for wirelessly connecting a data capture device to a mobile device to automatically transfer and publish multimedia content.
  • Technical Context: The patents address technology for automating the transfer of data from a peripheral device (e.g., a digital camera or remote control) to a mobile phone via a short-range wireless connection like Bluetooth for subsequent upload to a web service.
  • Key Procedural History: The complaint alleges that the patents-in-suit have been cited by numerous major technology companies during the prosecution of their own patent applications, a fact Plaintiff presents to suggest the technology’s importance in the industry. The complaint does not mention any prior litigation or administrative challenges involving the patents-in-suit.

Case Timeline

Date Event
2007-12-28 Earliest Priority Date for all Patents-in-Suit
2014-06-17 U.S. Patent No. 8,756,336 Issues
2014-10-14 U.S. Patent No. 8,862,757 Issues
2014-11-25 U.S. Patent No. 8,898,260 Issues
2014-12-02 U.S. Patent No. 8,904,030 Issues
2018-02-20 U.S. Patent No. 9,900,766 Issues
2022-01-25 U.S. Patent No. 11,234,121 Issues
2023-05-23 U.S. Patent No. 11,659,381 Issues
2023-09-12 Date of News Article "Introducing TikTok Shop"
2023-10-20 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 11,659,381 - "Automatic Multimedia Upload for Publishing Data and Multimedia Content"

Issued May 23, 2023

The Invention Explained

  • Problem Addressed: The patent family addresses the inconvenience of manually transferring multimedia content from a standalone digital capture device (like a camera) to a computer using a cable or memory card, and then separately uploading that content to a website (’121 Patent, col. 2:1-12).
  • The Patented Solution: The invention provides a system where a client application on a Bluetooth-enabled mobile device can automatically detect the capture of new multimedia content on a separate, paired data capture device. The application then initiates the transfer of this content from the capture device to the mobile device and can automatically publish it to one or more pre-selected websites with minimal user intervention (’121 Patent, Abstract; col. 2:21-42).
  • Technical Importance: This technology automates the workflow from content creation to online publication, streamlining a core function of modern social media and real-time content sharing (Compl. ¶32).

Key Claims at a Glance

  • The complaint asserts at least independent claim 7 (Compl. ¶47).
  • The complaint provides an excerpt of the claim preamble, describing:
    • A mobile software application for a Bluetooth-enabled cellular phone.
    • The application is embodied as executable program instructions.
    • When executed by a processor, the application performs the claimed functions.
  • The complaint reserves the right to assert other claims, including dependent claims (Compl. ¶43, fn. 2).

U.S. Patent No. 8,756,336 - "Automatic Multimedia Upload for Publishing Data and Multimedia Content"

Issued June 17, 2014

The Invention Explained

  • Problem Addressed: As part of the same patent family as the ’381 Patent, this patent addresses the same technical problem of cumbersome, multi-step manual uploads of media from capture devices to websites (’336 Patent, col. 1:29-45).
  • The Patented Solution: The invention claims a method of "segmented file transfer" from a mobile device to a web service. This involves partitioning large files into smaller data segments, tagging them with identifiers, and transferring them in a way that allows for transfer to be paused and resumed, which is useful for large files or unreliable mobile network connections (’336 Patent, col. 5:32-40; col. 7:18-35).
  • Technical Importance: This method provides a more robust way to handle large media file uploads over potentially unstable mobile networks, a critical feature for video-centric platforms.

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶56).
  • Claim 1 is a method claim with the essential element of:
    • A method of segmented file transfer from a Bluetooth enabled mobile device to a web service.
  • The complaint reserves the right to assert other claims (Compl. ¶43, fn. 2).

U.S. Patent No. 8,862,757 - "Automatic Multimedia Upload for Publishing Data and Multimedia Content"

Issued October 14, 2014

  • Technology Synopsis: Belonging to the same family, this patent also relates to systems and methods for transferring multimedia content from a Bluetooth-enabled capture device to a mobile device for publication, with a focus on segmented file transfer to a web service.
  • Asserted Claims: At least independent claim 1 (Compl. ¶65).
  • Accused Features: The complaint alleges that the TikTok App's function of uploading media content to its cloud service in "chunks ('segment') using HTTP network protocol" infringes this patent (Compl. ¶64; Fig. 13).

U.S. Patent No. 8,898,260 - "Automatic Multimedia Upload for Publishing Data and Multimedia Content"

Issued November 25, 2014

  • Technology Synopsis: This patent continues the themes of the patent family, addressing segmented file transfer from a mobile device to a web service to facilitate robust media uploads.
  • Asserted Claims: At least independent claim 1 (Compl. ¶74).
  • Accused Features: Infringement is alleged based on the TikTok App's functionality for uploading media content in segments from a user's mobile device to TikTok's cloud service (Compl. ¶74; Fig. 14).

U.S. Patent No. 9,900,766 - "Automatic Multimedia Upload for Publishing Data and Multimedia Content"

Issued February 20, 2018

  • Technology Synopsis: This patent claims a "short-range wireless enabled data capture device" itself. The claims focus on the components of the peripheral device that captures data and communicates with a paired mobile phone.
  • Asserted Claims: At least independent claim 1 (Compl. ¶83).
  • Accused Features: The complaint accuses Bluetooth-enabled earphones, AirPods, and Bluetooth remotes sold via the TikTok Shop, which can remotely control the TikTok app, of infringing this patent (Compl. ¶83; Fig. 15).

U.S. Patent No. 8,904,030 - "Automatic Multimedia Upload for Publishing Data and Multimedia Content"

Issued December 2, 2014

  • Technology Synopsis: This patent claims a method for transferring data from a Bluetooth-enabled mobile device to a remote internet server, where the data is generated by a peripheral device.
  • Asserted Claims: At least claim 12 (Compl. ¶92; Fig. 16).
  • Accused Features: The complaint alleges that the TikTok app infringes by receiving user commands (e.g., 'like' or 'scroll down') from Bluetooth devices and uploading that data to Defendant's servers (Compl. ¶92; Fig. 16).

U.S. Patent No. 11,234,121 - "Automatic Multimedia Upload for Publishing Data and Multimedia Content"

Issued January 25, 2022

  • Technology Synopsis: This patent also claims a method for transferring data from a Bluetooth-enabled device to a remote internet server.
  • Asserted Claims: At least claim 7 (Compl. ¶101). The complaint's infringement chart excerpt in Figure 17 refers to claim 12.
  • Accused Features: The complaint’s infringement theory centers on the TikTok app's ability to be remotely controlled by Bluetooth devices, with user commands being transferred to Defendant's servers (Compl. ¶101; Fig. 17).

III. The Accused Instrumentality

Product Identification

  • The Accused Instrumentalities include the TikTok, Lemon8, and Capcut mobile applications for iOS and Android, as well as "Bluetooth-enabled earphones, AirPods, and Bluetooth TikTok Remotes sold by ByteDance / TikTok Apps" (Compl. ¶34, ¶35).

Functionality and Market Context

  • The complaint describes the accused apps as platforms that can be installed on mobile devices and remotely controlled via Bluetooth peripherals (Compl. ¶36). This remote control is used for functions such as scrolling or "liking" video content based on user inputs to the Bluetooth device (Compl. ¶36). The complaint also highlights the apps' functionality for uploading media content from the mobile device to a cloud service (Compl. ¶39). Figure 10 in the complaint provides a screenshot of a website for a "TikTok Remote," which is described as a "Short video&Music remote controller" (Compl. Fig. 10). Further, the complaint alleges that Defendant monetizes its network through the "TikTok Shop," an e-commerce platform that enables the sale of products, including the accused Bluetooth devices (Compl. ¶15, ¶35).

IV. Analysis of Infringement Allegations

U.S. Patent No. 11,659,381 Infringement Allegations

Claim Element (from Independent Claim 7 Preamble) Alleged Infringing Functionality Complaint Citation Patent Citation
A mobile software application for Bluetooth enabled cellular phone, wherein the mobile software application is embodied as executable program instructions that, when executed by a processor of the Bluetooth enabled cellular phone, Defendant provides the TikTok app, which is installed on mobile devices and can be remotely controlled by Bluetooth devices like AirPods. The app uses the mobile device's processor to perform functions such as 'scrolling' or 'liking' a video based on inputs from the Bluetooth device. ¶47; Fig. 11 ’121 Patent, col. 4:1-2

U.S. Patent No. 8,756,336 Infringement Allegations

Claim Element (from Independent Claim 1 Preamble) Alleged Infringing Functionality Complaint Citation Patent Citation
A method of segmented file transfer from a Bluetooth enabled mobile device to a web service, the method comprising: Defendant's TikTok App allows a user to upload ("file transfer") captured images and videos ("media content") from the mobile device to TikTok's cloud service ("web service"). The media content is transferred in "chunks ('segment')" using HTTP network protocol. ¶56; Fig. 12 ’336 Patent, col. 12:1-4

Identified Points of Contention

  • Scope Questions: The infringement theory for the '381 Patent relies on mapping the claims to the remote control of the TikTok app (e.g., liking or scrolling) via a Bluetooth peripheral. A central question may be whether a "data capture device," as described in the patent specification primarily in the context of a camera capturing multimedia files, can be construed to read on a peripheral like an AirPod or remote that transmits user commands.
  • Technical Questions: For the '336 Patent, the complaint alleges that transferring files in "chunks" using the standard HTTP protocol constitutes the claimed "segmented file transfer." A potential point of contention is whether this standard network behavior meets the claim limitations, which describe an application-level segmentation module for partitioning large files and tagging segments with identifiers, a process that may be technically distinct from the automatic packetization inherent in TCP/IP and HTTP (’121 Patent, col. 7:54-61).

V. Key Claim Terms for Construction

The Term: "digital data capture device"

Context and Importance

This term appears to be central to the scope of the asserted patents. The patent specifications primarily use a digital camera as the exemplary embodiment. The complaint's infringement theory, however, extends this term to cover Bluetooth remotes and earphones. The case may turn on whether a peripheral that transmits control commands, rather than capturing and storing multimedia files, falls within the patent's definition of a "data capture device."

Intrinsic Evidence for Interpretation

  • Evidence for a Broader Interpretation: The specification states that the device "may, for example, be a digital camera, a video camera, digital modular camera systems, or other digital data capturing systems" (’121 Patent, col. 4:63-67). The use of "for example" and "other" could be argued to support a construction that is not limited to the enumerated examples.
  • Evidence for a Narrower Interpretation: The entirety of the patent's background, abstract, and detailed figures focuses on the problem of transferring captured multimedia files (images, videos) from a camera-like device. The figures exclusively depict cameras as the capture device (’121 Patent, Figs. 3A-C, 5). This context may support a narrower construction limited to devices that capture and store substantive media content.

The Term: "segmented file transfer"

Context and Importance

This term is recited in the preamble of asserted claim 1 of the ’336 Patent. The complaint alleges that standard HTTP uploads, which transfer data in "chunks," meet this limitation. The viability of this infringement theory depends on whether the term is construed to cover the inherent packetization of network protocols or requires the more specific application-level process described in the patent.

Intrinsic Evidence for Interpretation

  • Evidence for a Broader Interpretation: The plain meaning of "segmented" could be argued to encompass any transfer that occurs in discrete parts or "chunks," a characteristic of most digital data transfers.
  • Evidence for a Narrower Interpretation: The specification describes a specific "segmentation module" within the client application that "partitions the multimedia content of large files... into multiple data segments" and "generates segment identifiers and tags the data segments" (’121 Patent, col. 7:54-61). This disclosure of a specific structure and function for segmenting files may support a narrower construction that requires more than the default behavior of a standard network protocol.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges that Defendant induces infringement by providing the TikTok apps and encouraging or instructing users to connect them with Bluetooth peripherals to perform the accused functions, such as remote control and media uploads (Compl. ¶38, ¶46, ¶55).
  • Willful Infringement: Willfulness is alleged for all patents-in-suit, based on Defendant’s alleged continuation of infringing activities "post-notice" of the patents (Compl. ¶50, ¶59). The complaint itself serves as the initial notice for this allegation.

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of definitional scope: can the term "digital data capture device," rooted in the patent's context of cameras capturing multimedia files, be construed to cover Bluetooth peripherals such as remotes and earphones that primarily transmit user control commands?
  • A key evidentiary question will be one of technical operation: does the standard, packet-based transfer of data inherent in the HTTP protocol meet the requirements of the claimed "segmented file transfer," which the patent specification describes as a deliberate, application-level process involving a dedicated segmentation module and tagging of data segments?
  • A third central question will concern the division of infringement: for the asserted method claims, the analysis will likely focus on whether Defendant directs or controls its users to perform the claimed steps in a manner that makes Defendant liable for the entire infringing act, or if liability is divided between Defendant and its end-users.