Fite Tech LLC v. ByteDance Ltd

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Fite Technologies LLC (Texas)
  • Defendant: ByteDance Ltd. (Cayman Islands), ByteDance Pte. Ltd. (Singapore), and TikTok Pte. Ltd. (Singapore)
  • Plaintiff’s Counsel: Fabricant LLP
• Case Identification: 2:25-cv-00389, E.D. Tex., 04/14/2025
• Venue Allegations: Plaintiff alleges venue is proper because Defendants are subject to personal jurisdiction in the district, conduct regular business in the district, and are not residents of the United States, allowing them to be sued in any judicial district.
• Core Dispute: Plaintiff alleges that Defendants’ TikTok social media application infringes four patents related to a wireless networked system for creating, sharing, and monetizing short video sessions.
• Technical Context: The technology resides in the domain of social media and user-generated short-form video content, a market characterized by algorithm-driven content delivery and creator monetization.
• Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or specific licensing history concerning the patents-in-suit.

Case Timeline

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

U.S. Patent No. 10,841,462 - "Wireless Networked Record Session Device"

• Patent Identification: U.S. Patent No. 10,841,462, "Wireless Networked Record Session Device," issued November 17, 2020.

The Invention Explained

• Problem Addressed: The patent's background describes the disappearance of vintage "Voice-O-Graph" record booths and, in a modern context, the challenge of filtering through a high volume of video streams from many mobile devices to find desirable content. (’462 Patent, col. 1:15-18, col. 2:11-14).
• The Patented Solution: The invention proposes a network of wireless devices, each operating an application that functions as a modern "record booth." This system allows users to create short, live video/audio sessions, organize them into channels (e.g., by hashtag), monetize them through virtual currency ("coins"), and broadcast them as a concatenated stream for other users to watch. ('462 Patent, Abstract; col. 2:8-14, col. 2:46-51). The system aims to create a self-generating entertainment stream from user content. ('462 Patent, col. 3:1-4).
• Technical Importance: The patent describes a technical framework for a social media platform built around user-generated, short-form live recordings that are curated into channels and supported by an integrated monetization system. ('462 Patent, col. 3:1-4).

Key Claims at a Glance

• The complaint asserts at least independent claim 1. (Compl. ¶22).
• Essential Elements of Claim 1:
  • A wireless device operating a user interface to generate social media for arranged play in video channels identified by a hashtag.
  • The user interface is configured to cause a push notification to other wireless devices monitoring a video channel to announce a pending live recording.
  • It allows the purchase of coins by the wireless device for payment to be disbursed to another wireless device user.
  • It intermittently operates a camera to stop-and-start record a live session for a fixed maximum time of no more than 65 seconds.
  • It associates the recorded session for arranged play within the video channel with record sessions of other devices in the same channel.
  • The recorded session is played in the arranged sequence with other record sessions on other devices watching that channel.
• The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 11,212,426 - "Wireless Networked Record Session Device"

• Patent Identification: U.S. Patent No. 11,212,426, "Wireless Networked Record Session Device," issued December 28, 2021.

The Invention Explained

• Problem Addressed: Similar to the parent '462 Patent, the invention addresses the challenge of creating a curated social entertainment experience from a large volume of user-generated content. (’426 Patent, col. 1:21-25, col. 2:12-15).
• The Patented Solution: This patent builds on the '462 Patent's framework by adding functionality for video filters. The user interface is configured to present a plurality of video filters, show a preview image from the camera for each filter, and provide an option to apply a selected filter to the recorded session. ('426 Patent, Claim 1). It also specifies that upon startup of the user interface, a recording from another user is immediately played. ('426 Patent, col. 100:40-43).
• Technical Importance: The invention focuses on enhancing the creative tools available to users by integrating a system for previewing and applying artistic video filters directly within the content creation workflow. ('426 Patent, col. 12:36-44).

Key Claims at a Glance

• The complaint asserts at least independent claim 1. (Compl. ¶39).
• Essential Elements of Claim 1:
  • A social entertainment user interface on a wireless device generating media for play in an arranged sequence in a hashtag-identified video channel.
  • The interface is configured to cause a push notification to announce a pending recording.
  • It allows the purchase of coins for payment to other users.
  • It intermittently operates a camera to stop-and-start record a live session for a fixed maximum time of no more than 65 seconds.
  • It presents a plurality of possible video filters with a camera image presented for each filter.
  • It provides an option to apply a selected filter to the recorded session.
  • The coins are payable to other users as remuneration for creating their own record sessions and may be purchased in bulk.
  • Immediately upon startup, a record session by another device is played.
  • The live record session is provided for play in an arranged sequence with sessions from other devices, queued one after another.
• The complaint does not explicitly reserve the right to assert dependent claims for this patent.

Multi-Patent Capsule

• Patent Identification: U.S. Patent No. 11,792,350, "Wireless Networked Record Session Device," issued October 17, 2023.

• Technology Synopsis: This patent claims a social entertainment device formed by a computer program on a wireless device. It recites many of the same core features as the prior patents, including push notifications and intermittent recording, but adds limitations related to transforming a camera image for display as a selectable video filter, transforming the video by applying the filter, and applying a branded watermark to the recorded session. (’350 Patent, Claim 1).

• Asserted Claims: At least independent claim 1. (Compl. ¶59).

• Accused Features: The complaint accuses the TikTok app's functions for creating hashtag-based channels, sending notifications for new videos, intermittent recording, applying video filters, and displaying a TikTok watermark on created videos. (Compl. ¶¶60-65).

• Patent Identification: U.S. Patent No. 12,028,640, "Wireless Networked Record Session Device," issued July 2, 2024.

• Technology Synopsis: This patent also claims a social entertainment device formed by a computer program. Its claims add further detail to the recording time, requiring a "total fixed maximum recorded length of time of no more than one of a plurality of selectable fixed time lengths," where these lengths are multiples of each other. (’640 Patent, Claim 1). It also recites transforming a camera image using a video effect "for display as an aid in selecting" the effect and applying a watermark.

• Asserted Claims: At least independent claim 1. (Compl. ¶77).

• Accused Features: The complaint accuses the TikTok app's features for user-selectable recording lengths (e.g., 15s, 60s), push notifications, video effect selection and application, and the use of watermarks. (Compl. ¶¶78-83).

III. The Accused Instrumentality

Product Identification

• The accused product is the TikTok application ("Accused Product" or "TikTok App"), including all versions and variants. (Compl. ¶¶16, 21).

Functionality and Market Context

• The complaint describes the TikTok App as a "video-focused social networking service" that allows users to create and view short-form video content. (Compl. ¶8, ¶40). Content is organized into channels defined by hashtags. (Compl. ¶24). The app implements features that allegedly map to the patent claims, including: push notifications to alert users to new content from creators they follow (Compl. ¶25); an in-app system for purchasing virtual "coins" that can be given to creators (Compl. ¶26); stop-and-start recording functionality for a maximum length of up to 60 seconds (Compl. ¶27); and a variety of selectable video filters and effects that can be applied to recordings. (Compl. ¶44). The complaint provides a screenshot of the TikTok app's user interface for customizing push notifications. (Compl. p. 12).
• The complaint alleges Defendants derive "significant financial benefits" from their business in Texas and the United States. (Compl. ¶8). It also presents screenshots from the Apple App Store and Google Play Store, the latter of which indicates over one billion downloads. (Compl. p. 3).

IV. Analysis of Infringement Allegations

U.S. Patent No. 10,841,462 Infringement Allegations

• Identified Points of Contention:
  • Scope Questions: A central question may be whether TikTok's algorithmically curated "For You" feed, which is personalized for each user, constitutes an "arranged sequence... within the video channel identified by the particular predefined hashtag" as required by the claim. The defense may argue that the claim contemplates a more static, chronological playlist within a single hashtag, not a dynamic, personalized feed.
  • Technical Questions: The complaint alleges infringement based on notifications for new videos from followed accounts. The claim recites announcing a "pending live recording." A factual question may arise as to whether a standard uploaded video constitutes a "live recording" in the context of the patent.

U.S. Patent No. 11,212,426 Infringement Allegations

• Identified Points of Contention:
  • Technical Questions: The strength of the allegation for the "immediately upon startup" limitation will depend on factual evidence regarding the app's loading process. The defense may argue that intervening screens, user prompts, or loading times mean the playback is not "immediate" as required by the claim.
  • Scope Questions: As with the ’462 Patent, the meaning of "arranged sequence" will be a key point of dispute relative to TikTok's personalized, algorithmic feed.

V. Key Claim Terms for Construction

• The Term: "arranged sequence"

• Context and Importance: This term appears in the independent claims of both the '462 and '426 patents and is central to the infringement theory. The dispute will likely focus on whether an algorithmically generated, personalized feed (like TikTok's "For You" page) meets this limitation, or if the term requires a more fixed, non-personalized, or chronological ordering of content within a specific channel.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The specification describes content being "concatenated into a single video stream" and "looped in one entertainment stream," language which may support a broader construction covering any form of sequential playback. ('462 Patent, col. 2:42-43, col. 2:52-54).
  • Evidence for a Narrower Interpretation: The claim language recites playing the session "in arranged sequence with record sessions of other wireless devices all within the video channel identified by the particular predefined hashtag." ('462 Patent, Claim 1). This phrasing could be argued to limit the scope to a sequence of content that is exclusively from one specific hashtag, rather than a dynamic feed that pulls from many.

• The Term: "intermittently operate a camera... to stop-and-start record"

• Context and Importance: This term from the independent claims of the '462 and '426 patents is mapped to TikTok's record-pause-resume functionality. Practitioners may focus on this term because its construction will determine if the common implementation of single-press recording in modern apps falls within the patent's scope.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The plain language of "stop-and-start" appears to directly describe the act of pausing and resuming a recording. The patent does not appear to specify the exact user interface mechanics (e.g., number of button presses) required to achieve this.
  • Evidence for a Narrower Interpretation: The patent's user interface diagrams and description do not provide explicit detail that could narrow this term, suggesting it may be given its plain and ordinary meaning. A defendant might argue that "intermittently operate" implies multiple distinct recording actions rather than a single, pausable session.

VI. Other Allegations

• Indirect Infringement: The complaint alleges induced infringement for all four patents-in-suit. The allegations are based on Defendants supplying the TikTok App to end-users along with instructions on how to use the allegedly infringing features via Defendants' websites, product literature, and other publications, with the intent to cause infringement. (Compl. ¶¶ 30-32, 50-52, 68-70, 86-88).
• Willful Infringement: Willfulness is alleged for all patents-in-suit. The complaint alleges knowledge of the patents at least as of the date the complaint was filed. It also pleads a theory of willful blindness, alleging that Defendants have "adopted a policy of not reviewing the patents of others... with the subjective belief that there was a high probability that Defendants would learn of their infringing activities." (Compl. ¶¶ 31, 51, 69, 87).

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

• A primary issue will be one of temporal priority and potential invalidity: can Plaintiff establish that the claimed inventions predate the functionality present in the accused TikTok app? The complaint alleges a product launch date (July 2015) that predates the patents' earliest priority date (October 2015), raising a significant question of whether the accused product constitutes prior art to the patents-in-suit.
• A second core issue will be one of definitional scope: can the term "arranged sequence," which the patents describe in the context of content concatenated within discrete channels, be construed to cover TikTok's dynamic, algorithmically personalized "For You" feed?
• A key evidentiary question will be one of functional operation: does the automatic playback of videos upon opening the TikTok app meet the temporal requirement of the "immediately upon startup" limitation in the '426 patent's claims, and what technical evidence will be needed to resolve this factual dispute?