ByteDance Seeks to Move TikTok Ad-Tech Patent Fight From Delaware to California

ByteDance is asking a Delaware federal judge to dismiss a patent lawsuit accusing TikTok’s advertising technology of infringement or move the dispute to California, where TikTok has filed a separate case involving the same patents.

U.S. District Judge Maryellen Noreika heard arguments Monday over whether the case brought by AlmondNet Inc. and Intent IQ LLC can proceed in Delaware. ByteDance is challenging both the sufficiency of the infringement allegations and whether Delaware is the proper place to litigate the dispute.

AlmondNet and Intent IQ filed the case in May 2025, alleging that technology associated with TikTok Ads Manager infringes three patents covering methods used to match online advertising with users. TikTok Ads Manager allows businesses to create, deliver, and manage advertising campaigns on the platform.

TikTok Inc. was originally the only company named in the lawsuit. AlmondNet and Intent IQ later added ByteDance, TikTok LLC, and TikTok U.S. Data Security Inc., but subsequently dismissed the three TikTok entities, leaving ByteDance as the remaining defendant.

Before those dismissals, the companies asked Noreika to throw out the amended complaint, arguing that AlmondNet had not sufficiently stated an infringement claim and that Delaware was an improper venue. They alternatively sought to move the case to the Northern District of California. ByteDance continued pursuing those arguments after the other companies were removed.

TikTok opened a separate legal front in California in July 2025, seeking a ruling that it does not infringe the same patents. The company has argued that AlmondNet sued the wrong corporate entity in Delaware and chose an improper forum for the dispute. AlmondNet has opposed efforts to move the litigation.

AlmondNet’s claims turn on whether TikTok’s advertising technology uses methods protected by its patents. Patent cases involving software often focus on how the accused technology functions and whether those functions fall within the scope of the patent claims. AlmondNet claims TikTok’s advertising technology uses methods covered by its patents. ByteDance disputes whether the allegations are sufficient to support the case.

ByteDance’s venue challenge asks whether Delaware is legally an appropriate court for the patent case, while its alternative transfer request asks Noreika to send the dispute to Northern California even if it could remain in Delaware.

Following Monday’s hearing, Noreika directed ByteDance to clarify or confirm representations it made in support of the transfer request. She has not yet ruled on whether the case will be dismissed, remain in Delaware, or move to California.