Case 1:22-cv-00904-UNA Document 1 Filed 07/06/22 Page 1 of 55 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`C.A. No.
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`DEMAND FOR JURY TRIAL
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`)))))))))))
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`
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`ACCELERATION BAY, LLC, a Delaware
`Limited Liability Corporation,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`AMAZON WEB SERVICES, INC., a
`Delaware Corporation,
`
`
`Defendant.
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Acceleration Bay, LLC (“Acceleration Bay”) files this Complaint for Patent
`
`Infringement and Demand for Jury Trial against Amazon Web Services, Inc. (“Amazon”) and
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`alleges as follows:
`
`THE PARTIES
`
`1.
`
`Acceleration Bay is a Delaware limited liability corporation, with its principal
`
`place of business at 370 Bridge Parkway, Redwood City, California 94065.
`
`2.
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`Amazon Web Services, Inc. (“AWS Inc.”) is a corporation organized and existing
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`under the laws of the State of Delaware, and upon information and belief, has its principal place
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`of business at 410 Terry Avenue North, Seattle, Washington 98109. AWS Inc. is a wholly
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`owned subsidiary of Amazon.com, Inc. (“Amazon.com”). AWS Inc. may be served through its
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`agent for service of process, Corporation Service Company, 251 Little Falls Drive in
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`Wilmington, Delaware.
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`

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`JURISDICTION AND VENUE
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`3.
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`This action for patent infringement arises under the patent laws of the United
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`States, 35 U.S.C. § 101 et seq. This Court has original jurisdiction over this controversy
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`pursuant to 28 U.S.C. §§ 1331 and 1338.
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`4.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and (c) and
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`1400(b).
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`5.
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`This Court has personal jurisdiction over Amazon because it is incorporated
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`within this District.
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`6.
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`Additionally, this Court can exercise personal jurisdiction over Amazon because
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`it has committed acts of direct and indirect infringement in this District, including through
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`selling infringing products and services in this District and because Acceleration Bay’s claims
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`arise out of and relate to Amazon’s acts of direct and indirect infringement in this District, and
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`because the exercise of jurisdiction by this Court over Amazon in this action would be
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`reasonable. Amazon has more than minimal contacts with this District such that the maintenance
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`of this action within this District would not offend traditional notions of fair play and substantial
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`justice.
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`ACCELERATION BAY’S ASSERTED PATENTS
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`7.
`
`On March 2, 2004, the United States Patent and Trademark Office (“PTO”) issued
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`U.S. Patent No. 6,701,344 (the “’344 Patent”), entitled “Distributed Game Environment.” The
`
`’344 Patent lists Fred B. Holt and Virgil E. Bourassa as its inventors. Attached hereto as Exhibit
`
`1 is a true and correct copy of the ’344 Patent.
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`8.
`
`All rights title, and interest in the ’344 Patent have been assigned to Acceleration
`
`Bay, which is the sole owner of the ’344 Patent.
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`
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`2
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`9.
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`On June 2, 2022, Acceleration Bay submitted statutory disclaimers with the PTO
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`disclaiming Claims 1-11 and 16-19 of the ’344 Patent.
`
`10.
`
`The ’344 Patent is generally directed toward systems for an effective broadcast
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`technique using a regular network. By implementing such a broadcast technique, the system is
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`able to provide a broadcast channel using an underlying network system that sends messages on
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`a point-to-point basis.
`
`11.
`
`On March 30, 2004, the PTO issued U.S. Patent No. 6,714,966 (the “’966
`
`Patent”), entitled “Information Delivery Service.” The ’966 Patent lists Fred B. Holt and Virgil
`
`E. Bourassa as its inventors. Attached hereto as Exhibit 2 is a true and correct copy of the ’966
`
`Patent.
`
`12.
`
`All rights title, and interest in the ’966 Patent have been assigned to Acceleration
`
`Bay, which is the sole owner of the ’966 Patent.
`
`13.
`
`On June 2, 2022, Acceleration Bay submitted statutory disclaimers with the PTO
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`disclaiming Claims 1-11 and 16 of the ’966 Patent.
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`14.
`
`The ’966 Patent is generally directed toward systems for providing an information
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`delivery service using a regular network. One of the ways this is accomplished is by sending
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`data through neighbor participants.
`
`15.
`
`On May 4, 2004, the PTO issued U.S. Patent No. 6,732,147 (the “’147 Patent”),
`
`entitled “Leaving a Broadcast Channel.” The ’147 Patent lists Fred B. Holt and Virgil E.
`
`Bourassa as its inventors. Attached hereto as Exhibit 3 is a true and correct copy of the ’147
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`Patent.
`
`16.
`
`All rights title, and interest in the ’147 Patent have been assigned to Acceleration
`
`Bay, which is the sole owner of the ’147 Patent.
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`
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`3
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`17.
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`On June 2, 2022, Acceleration Bay submitted statutory disclaimers with the PTO
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`disclaiming Claims 11, 14-16 of the ’147 Patent.
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`18.
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`The ’147 Patent is generally directed towards methods and systems for leaving a
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`broadcast channel. One of the ways this is accomplished is by sending messages to a second
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`computer, so that the second computer can connect to a third computer to maintain a regular
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`network.
`
`19.
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`On December 7, 2004, the PTO issued U.S. Patent No. 6,829,634 (the “’634
`
`Patent”), entitled “Broadcasting Network.” The ’634 Patent lists Fred B. Holt and Virgil E.
`
`Bourassa as its inventors. Attached hereto as Exhibit 4 is a true and correct copy of the ’634
`
`Patent.
`
`20.
`
`All rights title, and interest in the ’634 Patent have been assigned to Acceleration
`
`Bay, which is the sole owner of the ’634 Patent.
`
`21.
`
`On June 2, 2022, Acceleration Bay submitted statutory disclaimers with the PTO
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`disclaiming Claims 1-9, 19 and 22 of the ’634 Patent.
`
`22.
`
`The ’634 Patent is generally directed towards methods and systems for
`
`broadcasting data across a regular network. One of the ways this is accomplished is by sending
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`data received from neighbor participants to other neighbor participants.
`
`23.
`
`On June 21, 2005, the PTO issued U.S. Patent No. 6,910,069 (the “’069 Patent”),
`
`entitled “Joining a Broadcast Channel.” The ’069 Patent lists Fred B. Holt and Virgil E.
`
`Bourassa as its inventors. Attached hereto as Exhibit 5 is a true and correct copy of the ’069
`
`Patent.
`
`24.
`
`All rights title, and interest in the ’069 Patent have been assigned to Acceleration
`
`Bay, which is the sole owner of the ’069 Patent.
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`4
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`25.
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`The ’069 Patent is generally directed towards methods for adding a participant to
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`a network without placing a high overhead on the underlying network.
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`26.
`
`The claims of the ’344, ’966, ’147, ’634, and ’069 Patents (the “Asserted
`
`Patents”) are directed to patent-eligible subject matter, for the reasons set forth in the Declaration
`
`of Dr. Michael Goodrich (“Goodrich Decl.”), attached hereto as Exhibit 6 and incorporated by
`
`reference.
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`27.
`
`The Court previously found that the claims of the ’344, ’966, and ’634 Patents
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`cover patent eligible subject matter because they “are directed to an innovative network structure
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`for the distribution of data as the number of participants in a computer network is scaled.”
`
`Memorandum Order Denying Defendants’ Motion to Dismiss, Acceleration Bay LLC v. Take-
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`Two Interactive Software, Inc. (“Take-Two”), No. 16-cv-00455-RGA, D.I. 245, , at 6 (D. Del.
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`Aug. 29, 2017), attached hereto as Exhibit 7. These claims “require a specific and . . .
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`innovative structure of message-forwarding” and are thus “‘necessarily rooted in computer
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`technology in order to overcome a problem specifically arising in the realm of computer
`
`networks.’” Id. at 7 (citation omitted). The claims “require a specific type of communication
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`structure designed to improve the way computers communicate as participants scale.” Id.
`
`(citation omitted). They “are ‘specifically designed to achieve an improved technological result
`
`in conventional industry practice.” Id. at 8. While not directly addressed in the Court’s patent-
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`eligibility analysis in Take-Two or in the Goodrich Decl., the same reasoning applies to the
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`claims of the ’147 and ’069 Patents.
`
`28.
`
`Prior to the inventions claimed in the Asserted Patents, there was a need for
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`improved networks and methods for sharing data between widely-distributed participants. It was
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`impractical to have every participant directly communicate because the number of connections
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`quickly becomes unmanageable and individual connections often fail or operate slowly. The
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`Asserted Patents solve these problems with a very specific and inventive concept: a better
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`network that serves as a broadcast channel for distribution of data among various participants.
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`The broadcast channel network exists as a logical overlay to a series of point-to-point
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`connections between participants. The broadcast channel is formed as an m-regular network,
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`where each participant has a regular number of neighbors. Participants pass data to their
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`neighbors in the network, who then forward the message to their neighbors, and so on, rather
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`than being directly connected to all the participants in the network. Goodrich Decl. at ¶¶ 27-30.
`
`29.
`
`This non-conventional overlay network structure described in the preceding
`
`paragraph provides tangible benefits. The structure allows for rapid and reliable dissemination
`
`of data through the network because each participant forwards data to a manageable subset of
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`network participants. For example, in a 5-regular network, a participant sends a message to its
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`five neighbors each of which forward the message to their own neighbors, thus rapidly
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`distributing the message over even a large network. Data will still be rapidly delivered, even if
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`individual connections fail or operate slowly, because of the alternative pathways formed by the
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`network, i.e. each neighbor is the start of a potential path to all other participants. This structure
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`is also flexible, allowing for participants to be added and dropped while the network is operating.
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`Goodrich Decl. at ¶¶ 29-35, 74-80.
`
`30.
`
`The Broadcast Patents cover networks for a variety of applications. The ’344
`
`Patent describes “[a] [d]istributed [g]ame [e]nvironment,” which “is provided by a game
`
`application program executing on each player’s computer . . . .” ’344 Patent, 16:29-34; Goodrich
`
`Decl., ¶¶ 37-38. Each time a player takes an action, a message representing that action can be
`
`broadcast on the game’s broadcast channel. Goodrich Decl., ¶ 39. The broadcast channel allows
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`a player to send messages (e.g., communications or strategy information) to one or more other
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`players. ’344 Patent, 16:36-43; Goodrich Decl., ¶ 39.
`
`31.
`
`The ’966 Patent provides “an information delivery service application” which
`
`“allows participants to monitor messages as they are broadcast on the broadcast channel.” ’966
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`Patent, 16:25-28; Goodrich Decl., ¶ 42. The ’634 Patent covers “a non-routing table based
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`method for broadcasting messages in a network,” where, rather than have each participant store
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`routing-table information (i.e., information about non-neighboring participants in the network),
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`each participant in the network implements the broadcast using information about neighboring
`
`participants. ’634 Patent, 2:45-67; Goodrich Decl., ¶ 45.
`
`32.
`
`Rather than forming the network as a complete graph, which could cause
`
`congestion by requiring each participant to be directly connected to all other participants,
`
`requiring a large number of connections, (e.g., ’344 Patent, 1:44-57), the participants are
`
`connected so as to form an m-regular, incomplete network. Goodrich Decl., ¶ 28. This topology
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`ensures reliability and scalability of the network. Id. In one example, the ’344 Patent shows “a
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`graph that is 4-regular and 4-connected which represents the broadcast channel,” meaning that
`
`each participant is connected to four neighbors and at least four connections must be broken to
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`prevent a participant from being able to communicate, at least indirectly, with all other
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`participants. ’344 Patent, 4:48-49, Fig. 1 (below).
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`33.
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`Network protocols are typically modeled conceptually as being partitioned into
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`layers, which collectively are called the network protocol stack. Goodrich Decl., ¶ 18. Each
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`layer provides a set of services and functionality guarantees for higher layers and, to the extent
`
`possible, each layer does not depend on details or services from higher levels. Id. To reduce
`
`complexity, most networks are designed with a small number of layers, from the physical layer,
`
`at the bottom, where computer hardware interfaces with copper wire or wireless radio, to the
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`application layer, at the top, where the user interacts with the software. Id.
`
`34.
`
`The broadcast channel is implemented through a “graph of point-to-point
`
`connections” that “overlays the underlying network.” E.g., ’344 Patent, 4:23-26. Importantly,
`
`the claimed networks establish a gaming or information delivery environment at the application
`
`level, rather than the underlying transport or network levels. E.g., ’344 Patent, 4:15-19 (“The
`
`logical broadcast channel is implemented using an underlying network system (e.g., the Internet)
`
`that allows each computer connected to the underlying network system to send messages to each
`
`other connected computer using each computer’s address.”); Goodrich Decl., ¶ 30.
`
`35.
`
`Further emphasizing that the networks are implemented at the application level,
`
`the ’344 Patent explains that “[t]he broadcast channel is well suited for computer processes (e.g.,
`
`application programs) that execute collaboratively, such as network meeting programs.” ’344
`
`Patent, 15:17-20 (emphasis added). The patent further explains that “[t]he application program
`
`invokes the connect component to establish a connection to a designated broadcast channel.” Id.
`
`at 16:9-11 (emphasis added). Moreover, “[t]he broadcast component is invoked by the
`
`application program to broadcast messages in the broadcast channel.” Id. at 16:26-28
`
`(emphasis added). With respect to the game environment, the patent explains that “[t]he game
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`environment is provided by a game application program executing on each player’s computer
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`that interacts with a broadcaster component.” Id. at 16:31-34 (emphasis added), 15:29-49;
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`Goodrich Decl., ¶ 38.
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`OVERVIEW OF AMAZON’S PRODUCTS AND SERVICES
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`36.
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`Amazon offers a variety of products and services for its customers to use to
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`provide Internet-based services, including broadcasting game data for online multiplayer games
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`and for providing content delivery.
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`37.
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`Amazon also uses the products and services for its gaming and content delivery
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`services operated by its parent Amazon.com, such as Amazon Prime Video, Amazon Luna, and
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`Twitch.
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`38.
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` The following is an overview of these products and services that give rise to
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`Amazon’s infringement of the Asserted Patents, as discussed in the subsequent sections of this
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`complaint.
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`AMAZON’S AMAZON WEB SERVICE
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`39.
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`Amazon Web Service (“AWS”) is a scalable cloud infrastructure that includes
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`“multiple Availability Zones connected by low latency, high throughput, and highly redundant
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`networking. AWS has 84 Availability Zones within 26 geographic regions around the world.”
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`Ex. 8, https://aws.amazon.com/what-is-aws/.
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`40.
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`According to Amazon, AWS “is the world’s most comprehensive and broadly
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`adopted cloud platform, offering over 200 fully featured services from data centers globally.
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`Millions of customers—including the fastest-growing startups, largest enterprises, and leading
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`government agencies—are using AWS to lower costs, become more agile, and innovate faster.”
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`Id.
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`9
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`41.
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`AWS supports overlay networks. For example, Amazon publishes instructions to
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`deploy a “Cohesive Networks VNS3 overlay network on the AWS Cloud in about 15 minutes,
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`following best practices from AWS and Cohesive Networks” using AWS technologies, such as
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`Availability Zones, Virtual Private Cloud, and Elastic Compute Cloud instances using Auto
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`Scaling. Ex. 9, https://aws.amazon.com/quickstart/architecture/cohesive-networks-vns3/.
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`AMAZON’S ELASTIC KUBERNETES SERVICE
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`42.
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`AWS includes Amazon Elastic Kubernetes Service (“EKS”), which is “a
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`managed service that [customers] can use to run Kubernetes on AWS without needing to install,
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`operate, and maintain [their] own Kubernetes control plane or nodes. Kubernetes is an open-
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`source system for automating the deployment, scaling, and management of containerized
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`applications.” Ex. 10 at 1, https://docs.aws.amazon.com/eks/latest/userguide/eks-ug.pdf.
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`Amazon EKS “[r]uns and scales the Kubernetes control plane across multiple AWS Availability
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`Zones to ensure high availability,” “[a]utomatically scales control plane instances based on load,
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`detects and replaces unhealthy control plane instances,” “[i]s integrated with many AWS
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`services to provide scalability and security,” including Amazon ECR for container images,
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`Elastic Load Balancing for load distribution, IAM for authentication, and Amazon VPC for
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`isolation. Id.
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`43.
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`Amazon EKS utilizes a control plane and data plane architecture, of which the
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`control plane “consists of at least two API server instances and three etcd instances that run
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`across three Availability Zones within an AWS Region.” Ex. 10 at 1,
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`https://docs.aws.amazon.com/eks/latest/userguide/eks-ug.pdf.
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`44.
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`Amazon EKS “[a]ctively monitors the load on control plane instances and
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`automatically scales them to ensure high performance,” “[a]utomatically detects and replaces
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`unhealthy control plane instances, restarting them across the Availability Zones within the AWS
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`Region as needed,” and “[l]everages the architecture of AWS Regions in order to maintain high
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`availability.” Id. This feature is called Cluster Autoscaling.
`
`Ex. 11 at 2-3, https://medium.com/kubecost/understanding-kubernetes-cluster-autoscaling-
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`
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`675099a1db92.
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`AMAZON’S ELASTIC CLOUD COMPUTING
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`45.
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`Amazon’s Elastic Cloud Computing (“EC2”) “is a compute web service that
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`offers secure, resizable compute capacity in the cloud. It is designed for scalable deployments
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`and optimizing [customers’] workloads.” Ex. 12 at 2,
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`11
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`https://aws.amazon.com/free/compute/lightsail-vs-ec2/. Using Amazon’s EC2, users can
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`“launch as many or as few virtual servers as [they] need, configure security and networking, and
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`manage storage” and “enables [customers] to scale up or down to handle changes in
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`requirements or spikes in popularity, reducing [their] need to forecast traffic.” Ex. 13 at 1,
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`https://docs.aws.amazon.com/AWSEC2/latest/UserGuide/ec2-ug.pdf.
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`AMAZON’S AWS APP MESH
`
`46.
`
`Amazon’s AWS App Mesh (“App Mesh”) “is a service mesh that provides
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`application-level networking to make it easy for [customers’] services to communicate with each
`
`other across multiple types of compute infrastructure. App Mesh gives end-to-end visibility and
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`high-availability for [customers’] applications.” Ex. 14 at 1, https://aws.amazon.com/app-mesh.
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`App Mesh operates “with AWS Fargate, Amazon EC2, Amazon ECS, Amazon EKS,
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`and Kubernetes running on AWS, to better run [customers’] application at scale. App Mesh also
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`integrates with AWS Outposts for [customers’] applications running on-premises.” Id. at 2. App
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`Mesh is based on the Envoy proxy technology. Ex. 15 at 137, https://docs.aws.amazon.com/app-
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`mesh/latest/userguide/app-mesh-ug.pdf.
`
`47.
`
`A service mesh is an infrastructure layer dedicated to handling service-to-service
`
`communication, usually through an array of lightweight network proxies deployed alongside the
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`application code. Id. at 1. A service mesh acts as “a logical boundary for network traffic
`
`between the services that reside within it. After [customers] create [a] service mesh, [they] can
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`create virtual services, virtual nodes, virtual routers, and routes to distribute traffic between the
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`applications in [their] mesh.” Id. at 57.
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`AMAZON’S LAMBDA
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`48.
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`Amazon’s Lambda “is a serverless, event-driven compute service that lets
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`[customers] run code for virtually any type of application or backend service without
`
`provisioning or managing servers. [Customers] can trigger Lambda from over 200 AWS
`
`services and software as a service (SaaS) applications, and only pay for what [they] use.” Ex. 16
`
`at 2, https://aws.amazon.com/lambda/.
`
`49.
`
`Lambda supports built-in fault tolerance and “maintains compute capacity across
`
`multiple Availability Zones (AZs) in each AWS Region to help protect . . . code against
`
`individual machine or data center facility failures. Both . . . Lambda and the functions running
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`on the service deliver predictable and reliable operational performance. . . . Lambda is designed
`
`to provide high availability for both the service itself and the functions it operates.” Ex. 17 at 3,
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`https://aws.amazon.com/lambda/features/?pg=ln&sec=hs.
`
`50.
`
`Lambda “automatically scales to support the rate of incoming requests without
`
`any manual configuration. There is no limit to the number of requests [customers’] code can
`
`handle. . . . Lambda typically starts running . . . code within milliseconds of an event. Since
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`Lambda scales automatically, the performance remains consistently high as the event frequency
`
`increases. Since . . . code is stateless, Lambda can start as many instances as needed without
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`lengthy deployment and configuration delays.” Id. at 4.
`
`AMAZON’S CLOUDFRONT (LAMBDA@EDGE)
`
`51.
`
`Amazon’s CloudFront “is a content delivery network (CDN) service built for high
`
`performance, security, and developer convenience.” Ex. 18 at 2,
`
`https://aws.amazon.com/cloudfront/. CloudFront, also known as Lambda@Edge, uses “Node.js
`
`and Python Lambda functions to customize content that CloudFront delivers, executing the
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`functions in AWS locations closer to the viewer. The functions run in response to CloudFront
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`events, without provisioning or managing servers.” Ex. 19 at 535,
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`https://docs.aws.amazon.com/lambda/latest/dg/lambda-dg.pdf; Ex. 20,
`
`https://docs.aws.amazon.com/AmazonCloudFront/latest/DeveloperGuide/AmazonCloudFront_D
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`evGuide.pdf.
`
`52.
`
`Amazon CloudFront “peers with thousands of Tier 1/2/3 telecom carriers
`
`globally, is well connected with all major access networks for optimal performance, and has
`
`hundreds of terabits of deployed capacity. CloudFront Edge locations are connected to the AWS
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`Regions through the AWS network backbone - fully redundant, multiple 100GbE parallel fiber
`
`that circles the globe and links with tens of thousands of networks for improved origin fetches
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`and dynamic content acceleration.” Ex. 21 at 1-2,
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`https://aws.amazon.com/cloudfront/features/?whats-new-cloudfront. Amazon CloudFront
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`includes a global network of “310+ Points of Presence (300+ Edge locations and 13 regional
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`mid-tier caches) in 90+ cities across 47 countries.” Id. at 2.
`
`AMAZON’S VIRTUAL PRIVATE CLOUD PEERING
`
`53.
`
`Amazon’s Virtual Private Cloud Peering (“VPC Peering”) “enables [customers]
`
`to launch AWS resources into a virtual network that [they have] defined.” Ex. 22 at 1,
`
`https://docs.aws.amazon.com/vpc/latest/peering/vpc-pg.pdf. VPC Peering is a “networking
`
`connection between two VPCs that enables [routing] traffic between them using private IPv4
`
`addresses or IPv6 addresses. Instances in either VPC can communicate with each other as if they
`
`are within the same network. [Customers] can create a VPC peering connection between [their]
`
`own VPCs, or with a VPC in another AWS account. The VPCs can be in different regions (also
`
`known as an inter-region VPC peering connection).” Id.
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`54.
`
`VPC peering occurs across “different AWS Regions (also called inter-Region
`
`VPC peering). This allows VPC resources including EC2 instances, Amazon RDS databases and
`
`Lambda functions that run in different AWS Regions to communicate with each other using
`
`private IP addresses, without requiring gateways, VPN connections, or separate network
`
`appliances . . . . Traffic always stays on the global AWS backbone, and never traverses the public
`
`internet, which reduces threats, such as common exploits, and DDoS attacks.” Id.
`
`55.
`
`VPC peering results in “point-to-point connectivity” of VPCs using “full
`
`bidirectional connectivity between the VPCs. This peering connection is used to route traffic
`
`between the VPCs. VPCs across accounts and AWS Regions can also be peered together.” Ex.
`
`23 at 4, https://docs.aws.amazon.com/whitepapers/latest/building-scalable-secure-multi-vpc-
`
`network-infrastructure/building-scalable-secure-multi-vpc-network-infrastructure.pdf#welcome.
`
`56.
`
`Interconnecting multiple VPCs (e.g., tens to hundreds) at scale “results in a mesh
`
`of hundreds to thousands of peering connections.” For example, 100 VPCs in a full mesh
`
`peering configuration would require “4,950 peering connections [n(n-1)/2] where n=total number
`
`of VPCs.” Id. However, the VPCs are limited to 125 connection, making the network
`
`incomplete.
`
`
`
`15
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`

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`Case 1:22-cv-00904-UNA Document 1 Filed 07/06/22 Page 16 of 55 PageID #: 16
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`
`
`Id.
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`AMAZON’S ELASTIC LOAD BALANCING
`
`57.
`
`Amazon’s Elastic Load Balancing (“ELB”) “automatically distributes . . .
`
`incoming traffic across multiple targets, such as EC2 instances, containers, and IP addresses, in
`
`one or more Availability Zones. It monitors the health of its registered targets, and routes traffic
`
`only to the healthy targets. Elastic Load Balancing scales [customers’] load balancer as [their]
`
`incoming traffic changes over time. It can automatically scale to the vast majority of workloads.
`
`Elastic Load Balancing supports the following load balancers: Application Load Balancers,
`
`Network Load Balancers, Gateway Load Balancers, and Classic Load Balancers. [Customers]
`
`can select the type of load balancer that best suits [their] needs.” Ex. 24 at 1,
`
`https://docs.aws.amazon.com/elasticloadbalancing/latest/network/elb-ng.pdf.
`
`58.
`
`ELB operates with Availability Zones to balance network traffic among multiple
`
`nodes. ELB supports creation of “a load balancer node in the Availability Zone. By default,
`
`
`
`16
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`

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`Case 1:22-cv-00904-UNA Document 1 Filed 07/06/22 Page 17 of 55 PageID #: 17
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`each load balancer node distributes traffic across the registered targets in its Availability Zone
`
`only. If [customers] enable cross-zone load balancing, each load balancer node distributes traffic
`
`across the registered targets in all enabled Availability Zones.” Id.
`
`AMAZON’S LUMBERYARD AND O3DE
`
`59.
`
`Amazon’s Lumberyard is a game engine that “allows [customers] to create high-
`
`quality games, connect [their] games to the compute and storage of the AWS Cloud, and engage
`
`fans on Twitch.” Ex. 25 at 1, https://docs.aws.amazon.com/lumberyard/latest/
`
`userguide/lumberyard-ug.pdf. Amazon Open 3d Engine (“O3DE”) is the successor to
`
`Lumberyard.
`
`60.
`
`Amazon Lumberyard and O3DE both support P2P (Peer-to-Peer) configurations.
`
`Id. at 2011-12.
`
`61.
`
`Amazon Lumberyard includes GridMate, which is a “robust and flexible
`
`networking solution designed for efficient bandwidth usage and low-latency communications.
`
`[Customers] can synchronize objects over the network with GridMate’s replica framework.
`
`GridMate’s session management can be integrated with major online console services and helps .
`
`. . handle peer-to-peer and client–server topologies with host migration.” Id. at 2-3.
`
`62.
`
`Amazon GridMate facilitates communications for Lumberyard, including
`
`ordered/unordered messaging, reliable/unreliable messaging, fragmenting messages, encryption,
`
`and channels on which to divide different types of traffic. Ex. 27,
`
`https://aws.amazon.com/blogs/gametech/building-battle-tested-network-transport/.
`
`63.
`
`Amazon Lumberyard includes a messaging system called EBus (“Event Bus”),
`
`which is used as a broadcast communication channel between different systems. Ex. 28 at 7-8,
`
`https://docs.aws.amazon.com/lumberyard/latest/welcomeguide/lumberyard-wg.pdf. Amazon
`
`
`
`17
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`Case 1:22-cv-00904-UNA Document 1 Filed 07/06/22 Page 18 of 55 PageID #: 18
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`Lumberyard supports “new levels of interactivity between Twitch streamers and viewers with
`
`Twitch ChatPlay.” Id. at 3. EventBus gives “Twitch streamers dynamic real-time broadcast
`
`customization options with Twitch Metastream [and enables] direct engagement between Twitch
`
`streamers and viewers with Twitch JoinIn.” Id.
`
`AMAZON’S GAMELIFT
`
`64.
`
`Amazon GameLift is a game hosting solution that operates on Amazon AWS for
`
`session-based, multiplayer games. Ex. 26 at 1, https://docs.aws.amazon.com/gamelift/latest/
`
`developerguide/gamelift-dg.pdf. Amazon GameLift “helps deliver high-performance, high-
`
`reliability, low-cost game servers while dynamically scaling [customers’] resource usage to meet
`
`worldwide player demand.” Id.
`
`65.
`
`Amazon GameLift operates on Amazon EC2 resources, called instances, to
`
`deploy game servers, as well as supporting VPC peering. Id. at 55, 106-09. Amazon GameLift
`
`supports FlexMatch, which is a matchmaking service for multiplayer games that operate on peer-
`
`to-peer services. Id. at 280-81.
`
`66.
`
`Amazon GameLift fleets support autoscaling to increase and decrease server
`
`instances based on game activity. Id. at 132-37.
`
`AMAZON’S LUNA AND TWITCH
`
`67.
`
`Amazon Luna is a cloud gaming platform developed and operated by
`
`Amazon.com. Amazon Luna allows subscribers to play a variety of videogames on multiples
`
`devices. Amazon Luna operates on AWS. Ex. 29, https://techcrunch.com/2020/09/24/amazon-
`
`announces-luna-game-streaming-platform/ (“[t]he whole service is powered by AWS”).
`
`68.
`
`Amazon Twitch is “a live content streaming video-platform that allows gamers to
`
`stream their games for others to watch while they play.” Ex. 30,
`
`
`
`18
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`

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`Case 1:22-cv-00904-UNA Document 1 Filed 07/06/22 Page 19 of 55 PageID #: 19
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`https://rohan6820.medium.com/aws-case-study-twitch-324ecf8288aa. AWS hosts and delivers
`
`content for Twitch, and uses other Amazon services, such as CloudFront, EC2, Elastic Load
`
`Balancer, Rekognition, and S3. Id.
`
`69.
`
`Amazon Twitch includes Twitch software applications that operates on Windows,
`
`Android and iOS platforms. Ex. 31, https://www.twitch.tv/downloads.
`
`70.
`
`Amazon Luna integrates with Amazon Twitch, which can be used to broadcast
`
`directly to Amazon Twitch from Amazon Luna using AWS. Ex. 38,
`
`https://www.amazon.com/gp/help/customer/display.html?nodeId=GEZHHTM8ZRSZRQQC
`
`(“Broadcast Directly to Twitch Using Amazon Luna.”).
`
`AMAZON’S AMAZON PRIME VIDEO
`
`71.
`
`Amazon Prime Video is Amazon.com’s video delivery streaming service which
`
`operates on Amazon AWS. Ex. 32 at 2, https://aws.amazon.com/solutions/case-studies/amazon-
`
`prime-video/ (“Amazon Prime Video uses the Amazon Web Service (AWS) Cloud as the
`
`underlying technology for all its services.”). Amazon Prime Video also utilizes AWS Elemental,
`
`“an Amazon Web Services company that combines deep video expertise with the power and
`
`scale of the cloud to empower media companies to deliver premium video experiences to
`
`consumers,” for live encoding, packaging, and ad insertion for NFL Football streaming. Id.
`
`72.
`
`Amazon Prime Video also utilizes AWS Elemental MediaTailor, “which is used
`
`to monetize video content through