As first reported by CNBC today, TikTok has filed a countersuit in San Francisco federal court in response to Triller’s patent infringement lawsuit filed against TikTok in a Texas court in July.
Triller’s complaint named both ByteDance and TikTok and alleged that they have infringed U.S. Patent No. 9,691,429 titled, “Systems and methods for creating music videos synchronized with an audio track”.
CNBC reports that TikTok’s parent company has requested a “judicial declaration” stating that hasn’t infringed on Triller’s patent.
ByteDance and TikTok’s lawyers reportedly wrote that “a judicial declaration is necessary to resolve the real, immediate, and justiciable controversy concerning these issues and to determine the respective rights of the parties”.
According to Triller’s 19-page legal document filed in Texas this summer, and which you can read in full here here, TikTok is accused of infringing on a feature that allows users to stitch multiple videos together while using a single audio track.
The feature in question, TikTok’s “Green Screen Video” effect, was introduced “on or about December 11, 2019 and “allows users to shoot multiple video takes synchronized to an audio track” according to the complaint.
TikTok has not responded to MBW’s request for comment at the time of writing.
“This is a David and Goliath story, and we look forward to our day in court.”
Mike Lu, Triller
In a statement sent to MBW in response to the news of the lawsuit, Triller CEO Mike Lu claimed that “TikTok and its parent company, ByteDance, have been infringing on Triller’s patents and stealing its technology for many years — enriching themselves and their investors at Triller’s expense”.
He also suggested that this is “a David and Goliath story” and that “we look forward to our day in court”.
Added Lu: “We brought a claim against them for this violation over three months ago, and they have failed to respond, claiming they didn’t have the time. This is nothing more than a transparent attempt by a Chinese conglomerate with tens of thousands employees to manipulate the US legal system by not responding to Triller’s complaint or answering for their violations. Instead, they are attempting to skirt law so that they can keep stealing IP and technology.
“We will not be intimidated and we will not back down. We may be small, but we have right on our side. This is not about TikTok and Triller; this is about all of the hard-working US entrepreneurs whose companies and technology continue to get ripped off by Chinese-based and Chinese government-controlled entities with unlimited resources — entities that play by a different set of rules.
“This is a David and Goliath story, and we look forward to our day in court, as well as our David and Goliath ending. We’re not only standing up for Triller; we’re standing up for its investors, its entrepreneurs, its employees, and all US-based businesses who have to deal with this on a daily basis.”Music Business Worldwide