Litigation

DiStefano Website Innovations, LLC v. Bytedance Ltd et al.

Active

3:2025cv10578

Filed
2024-10-29

Patents at issue (1)

Plaintiffs (1)

Defendants (4)

Summary

Distefano Website Innovations, LLC sued ByteDance Ltd., ByteDance Pte. Ltd., TikTok Ltd., and HELIOPHILIA PTE. LTD. in the Eastern District of Texas (2:24-cv-00874) on October 29, 2024, asserting patent 11763316. The case was subsequently transferred to the Northern District of California (3:2025cv10578) on December 10, 2025, where it is active with an Initial Case Management Conference set for March 11, 2026.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

This patent infringement litigation, DiStefano Website Innovations, LLC v. Bytedance Ltd et al., involves plaintiff DiStefano Website Innovations, LLC, identified as a Non-Practicing Entity (NPE), asserting U.S. Patent No. 11,763,316 against global internet technology giant ByteDance Ltd. and its affiliated entities, ByteDance Pte. Ltd., Tik Tok Ltd., and HELIOPHILIA PTE. LTD.. ByteDance is a Chinese multinational company renowned as the parent company of the popular short-video platform TikTok, operating various content platforms worldwide. HELIOPHILIA PTE. LTD. is a Singapore-registered entity specializing in software and application development and advertising activities, indicating its role as a related operating subsidiary within the ByteDance ecosystem. While specific accused products are not explicitly detailed in general court records, the asserted patent generally relates to "Creating and Posting Web Pages to the Internet," specifically a method for more easily developing web pages through a graphical user interface. Claim 1 of the patent broadly describes a method for modifying and serving web pages via a server system, including receiving input to modify web assets, displaying information about other users' websites, linking sites with reciprocal hyperlinks, and hosting these updated websites.

The case was initially filed by DiStefano Website Innovations, LLC in the U.S. District Court for the Eastern District of Texas on October 29, 2024, under case number 2:24-cv-00874. It was subsequently transferred to the U.S. District Court for the Northern District of California on December 10, 2025, where it is currently active under case number 3:2025cv10578 and presided over by Judge Eumi K. Lee. The transfer to the Northern District of California is notable as it is a prominent venue for major federal lawsuits involving "Big Tech" companies, particularly in patent and intellectual property law, due to its geographic coverage of San Francisco and Silicon Valley.

This litigation is noteworthy due to the plaintiff's status as an NPE, a common pattern in patent assertion against large operating companies. Further, the asserted patent has already faced scrutiny, with TikTok Inc. having filed an Inter Partes Review (IPR) petition (IPR2025-01061) against Patent 11,763,316 before the Patent Trial and Appeal Board (PTAB). Unified Patents also initiated a crowdsourcing campaign, offering rewards for prior art submissions against this patent, underscoring efforts to challenge its validity. The dispute's focus on web page creation and content delivery is particularly relevant given ByteDance's core business revolves around user-generated content platforms like TikTok.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

This section outlines the key legal developments and outcomes in the patent infringement litigation of DiStefano Website Innovations, LLC v. Bytedance Ltd et al., including parallel PTAB proceedings.

Filing & Initial Pleadings

The lawsuit was initially filed by DiStefano Website Innovations, LLC in the U.S. District Court for the Eastern District of Texas on October 29, 2024, under case number 2:24-cv-00874. The complaint asserted infringement of U.S. Patent No. 11,763,316, along with several other patents. The defendants, ByteDance Ltd., ByteDance Pte. Ltd., TikTok Ltd., and HELIOPHILIA PTE. LTD., filed an unopposed motion for an extension of time to respond to the complaint and waive foreign service requirements, which was granted, making their answer due by July 14, 2025.

Separately, DiStefano Website Innovations, LLC also filed a patent infringement action against ByteDance Ltd. et al. in the U.S. District Court for the Western District of Texas on July 8, 2024, under case number 1:24-cv-00763, asserting the same patent 11,763,316, among others. This case included ByteDance Inc. and TikTok, Inc. as defendants.

Pre-trial Motions of Substance

A significant pre-trial development was the defendants' sealed motion to transfer the case from the Eastern District of Texas to the Northern District of California. The motion to transfer was granted on November 10, 2025, and an order granting a stay pending transfer was issued on November 20, 2025. The case was officially transferred to the U.S. District Court for the Northern District of California on December 10, 2025, receiving the new case number 3:2025cv10578.

Multiple attorneys for all defendants filed unopposed motions to withdraw as counsel around October 2025. An Initial Case Management Conference in the Northern District of California was set for March 11, 2026, with a Case Management Statement due by March 4, 2026.

Parallel PTAB IPR Proceedings

TikTok Inc. initiated an Inter Partes Review (IPR) proceeding against U.S. Patent No. 11,763,316 (the patent at issue in the district court litigation), filing petition IPR2025-01061 on May 29, 2025. The Patent Trial and Appeal Board (PTAB) instituted trial on this IPR on December 22, 2025.

Another IPR, IPR2025-01224, was filed by TikTok and ByteDance against DiStefano Website Innovations on July 7, 2025, but it received a discretionary denial.

It is worth noting that USPTO Director John Squires has recently vacated decisions to institute several IPRs filed by TikTok in other cases (challenging patents owned by Cellspin Soft), due to TikTok's failure to establish whether a foreign government was a real-party-in-interest, under the Tianma Microelectronics v. LG Display precedential decision. This new policy indicates stricter IPR procedures regarding the identification of real parties in interest, particularly concerning entities with structural links to foreign governments. This development could potentially impact the ongoing IPR related to DiStefano's patent, although no specific ruling to that effect has been identified for IPR2025-01061.

Current Posture

The patent infringement litigation is currently active in the U.S. District Court for the Northern District of California, with an Initial Case Management Conference having been scheduled for March 11, 2026. The parallel IPR (IPR2025-01061) challenging the asserted patent has been instituted, with a decision on institution issued on December 22, 2025. The outcome of this IPR could significantly influence the district court litigation, as a finding of invalidity by the PTAB could lead to a stay or dismissal of the infringement claims.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

In the patent infringement case DiStefano Website Innovations, LLC v. Bytedance Ltd et al., the following attorneys have appeared as counsel of record for the plaintiff, DiStefano Website Innovations, LLC:

  • Meredith Martin Addy

    • Role: Lead Counsel
    • Firm: AddyHart LLC, Atlanta, Georgia
    • Experience Note: Ms. Addy is a registered patent attorney and has extensive experience in patent litigation, having appeared in numerous patent infringement cases and Inter Partes Review (IPR) proceedings.
  • Robert Patrick Hart

    • Role: Lead Counsel
    • Firm: AddyHart LLC, Austin, Texas
    • Experience Note: Mr. Hart is a patent attorney with significant experience in patent infringement and intellectual property litigation. He has filed numerous complaints and motions in patent cases.
  • Paul Nathan Tauger

    • Role: Counsel
    • Firm: AddyHart PC
    • Experience Note: Mr. Tauger is listed as counsel for DiStefano Website Innovations, LLC.

It is worth noting that while the case was initially filed in the Eastern District of Texas, and subsequently transferred to the Northern District of California, the identified counsel have continued to represent the plaintiff.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

The defendants in DiStefano Website Innovations, LLC v. Bytedance Ltd et al. are represented by attorneys from several prominent law firms, including Gibson, Dunn & Crutcher LLP, White & Case LLP, and Gillam & Smith, LLP. Quinn Emanuel Urquhart & Sullivan, LLP and Baker Botts L.L.P. are also known for representing ByteDance in other patent litigation matters.

Here's a breakdown of the identified counsel:

Gibson, Dunn & Crutcher LLP

  • Brian Ashley Rosenthal (Lead Counsel)
    • Office: New York, NY
    • Experience Note: Has litigated over 125 patent cases, often as lead counsel, with numerous jury trial and arbitration wins. Recognized as "Intellectual Property - Litigator of the Year for New York" in 2024 by Managing IP.
  • Shuo Zhang (Counsel)
    • Office: (Location not specified in available search results, but Gibson Dunn has 16 offices globally).
  • Katherine Dominguez (Counsel)
    • Office: (Location not specified in available search results).
  • Danielle Zapata Mills (Counsel)
    • Office: (Location not specified in available search results).
  • Jaysen Samuel Chung (Counsel)
    • Office: (Location not specified in available search results).
  • Stuart Mattison Rosenberg (Counsel)
    • Office: (Location not specified in available search results).
  • Wendy Wenyu Cai (Counsel)
    • Office: (Location not specified in available search results).
    • Experience Note: Gibson Dunn has a strong track record of securing defense victories in high-stakes patent litigation, including for TikTok and ByteDance in a $350 million trademark case.

White & Case LLP

  • Yar R. Chaikovsky (Lead Counsel)
    • Office: (Location not specified in available search results).
  • Dominique Macaluso (Counsel, Pro Hac Vice)
    • Office: (Location not specified in available search results).
  • David T. Okano (Counsel)
    • Office: (Location not specified in available search results).
  • Melissa Anyetei (Counsel)
    • Office: (Location not specified in available search results).
  • Philip Ou (Counsel)
    • Office: (Location not specified in available search results).
  • Amanda Woodall (Counsel)
    • Office: (Location not specified in available search results).
  • Ethan Lawrence Plail (Counsel)
    • Office: (Location not specified in available search results).
  • Bruce Shei Yen (Counsel)
    • Office: (Location not specified in available search results).

Gillam & Smith, LLP

  • Melissa Richards Smith (Local Counsel)
    • Office: Marshall, TX (based on typical roles of Gillam & Smith in Eastern District of Texas cases).
    • Experience Note: Frequently acts as local counsel in patent infringement cases in the Eastern District of Texas and has represented ByteDance in other patent litigation in that district.

It is important to note that while some attorneys had motions to withdraw as counsel filed in October 2025, these were marked as "deficient documents" and later "corrected motions to withdraw," indicating a potential change or refinement in the defense team, particularly around the time of the case transfer to the Northern District of California. The listed counsel appeared in the case prior to or around the time of the transfer.

Other Firms Known to Represent ByteDance in Patent Litigation:

  • Quinn Emanuel Urquhart & Sullivan, LLP: This firm is a leading practice for complex patent infringement disputes, particularly in the high-tech space, and has represented ByteDance in other patent cases, including one in the Western District of Texas that was transferred to the Northern District of California.
  • Baker Botts L.L.P.: Baker Botts has a strong intellectual property litigation practice with expertise in patent prosecution and PTAB proceedings, and they have been identified as one of the top firms for defensive patent cases.