AO 440 (Rev. 06/12) Summons in a Civil Action
`
`201~
`.MAR
`~ Z?
`
`UNITED STATES DISTRICT COURT
`for the
`
`Eastern District of Texas
`
`UNILOC 2017 LLC
`
`Plaintiff(s)
`
`V.
`
`GOOGLE LLC
`
`Defendant(s)
`
`Civil Action No. 2:18-cv-00552-JRG
`
`SUMMONS IN A CIVIL ACTION
`
`To: (Defendant's nanie and address) Google LLC
`1600 Amphitheatre Parkway, Mountain View, California 94043
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rtile 12 of
`the Federal Rules of Civil Procedure. The answer or motion mtist be served on the plaintiff or plaintiff's attorney,
`whose name and address are: James L. Etheridge, Etheridge Law Group, PLLC
`2600 E. Southlake Blvd., Suite 120/324, Southlake, Texas 76092
`Tel. (817) 470-7249 Fax (817)887-5950
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the colnplaint.
`You also must file your answer or motion with the court.
`
`...
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`Page 1 of 71
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`GOOGLE EXHIBIT 1012
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`

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`AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
`
`Civil Action No. 2:18-cv-00552-JRG
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 4(1))
`
`This summoris for (ntnne of iiidividual and title, if any)
`
`was received by me on (date)
`
`Q I personally served the summons on the individual at (place)
`
`on (date)
`
`; or
`
`171 I left the summons at the individual's residence or usual place of abode with (name)
`
`on (date)
`
`, and mailed a copy to the individual's last known address; or
`
`, a person of suitable age and discretion who resides there,
`
`Cl I served the summons on (nanie of individual)
`
`designated by law to accept sei-vice of process on behalf of (name of organization)
`
`on (date)
`
`; or
`
`0 I returned the summons unexecuted because
`
`El Other (specify):
`
`, who is
`
`; or
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`I declare under penalty of perjury that this information is ti-ue.
`
`Date:
`
`Server's signature
`
`Printed name mid title
`
`Server's address
`
`Additional information regarding attempted service, etc:
`
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 1 of 46 PagelD #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`UNILOC 2017 LLC,
`
`Plaintiff
`
`V.
`
`GOOGLE LLC,
`
`Defendant.
`
`§
`§ CIVIL ACTION NO. 2:18-cv-00552
`§
`§
`§ PATENT CASE
`§
`§
`§ JURY TRIAL DEMANDED
`§
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Uniloc 2017 LLC ("Uniloc"), as and for its complaint against defendant Google
`
`LLC ("Google") alleges as follows:
`
`THE PARTIES
`
`1.
`
`Uniloc is a Delaware limited liability company having places of business at 620
`
`Newport Center Drive, Newport Beach, California 92660 and 102 N. College Avenue, Suite 303,
`
`Tyler, Texas 75702.
`
`2.
`
`3.
`
`Uniloc holds all substantial rights, title and interest in and to the asserted patent.
`
`On information and belief, Google, a Delaware corporation with its principal office
`
`at 1600 Amphitheatre Parkway, Mountain View, CA 94043. Google offers its products and/or
`
`services, including those accused herein of infringement, to customers and potential customers
`
`located in Texas and in the judicial Eastern District of Texas.
`
`JURISDICTION
`
`4.
`
`Uniloc brings this action for patent infringement under the patent laws of the United
`
`States, 35 U.S.C. § 271 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
`
`1331 and 1338(a).
`
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 2 of 46 PagelD #: 2
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`5.
`
`This Court has personal jurisdiction over Google in this action because Google has
`
`committed acts within the Eastern District of Texas giving rise to this action and has established
`
`minimum contacts with this forum such that the exercise of jurisdiction over Google would not
`
`offend traditional notions of fair play and substantial justice. Google has committed and continues
`
`to commit acts of infringement in this District by, among other things, offering to sell and selling
`
`products and/or services that infringe the asserted patent.
`
`6.
`
`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400(b). Google is
`
`registered to do business in Texas, and upon information and belief, Google has transacted business
`
`in the Eastern District of Texas and has committed acts of direct and indirect infringement in the
`
`Eastern District of Texas. Google has a regular and established place of business in this District, as
`
`set forth below.
`
`7.
`
`Google is a multinational technology company that collects, stores, organizes, and
`
`distributes data. In addition to its service model for distribution of data (e.g., movies, search results,
`
`maps, music, etc.), Google has an expansive regime that gathers data on residents of this District
`
`through the hardware devices it sells (e.g., phones, tablets, and home audio devices) and, also,
`
`through the operating systems and apps it provides. As an example, Google gathers data when a
`
`resident nins its operating systems and apps (e.g., location services).1 As another example, Google
`
`J
`
`gather's data when a resident interacts with Google's plethora of services such as search, email,
`
`and music and movie streaming. See https://safety.google/privacy/data/ (indicating that Google
`
`gathers data from "things you search for," "Videos you watch," "Ads you view or click," "Your
`
`location," "Websites you visit," and "Apps, browsers, and devices you use to access Google
`
`1 See e.g., "AP Exclusive: Google tracks your movements, like it or not,"
`https://apnews.com/828aefab64d4411bac257a07claf0ecb/AP-Exclusive:-Google-tracks- ~}our-
`movements,-like-it-or-not
`
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 3 of 46 PagelD #: 3
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`services"). As yet another example, Google gathers data by listening and recoding everything a
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`resident says within proximity of one of its products such as Google Home.'- Others have reported
`
`that Google gathers "where you've been," "everything you've ever searched — and deleted," "all
`
`the apps you use," "all of your YouTube history," "which events you attended, and when,"
`
`"information you deleted [on your computer]," "your workout routine," "years' worth of photos,"
`
`and "every email you ever sent."3
`
`8.
`
`Google takes these massive amounts of gathered data on residents of this district
`
`and monetizes them, for example, through targeted advertising. Some have reported that "creepy"
`
`advertisements for items never searched for, but only spoken out loud appeared. See e.g.,
`
`https://www.youtube.com/watch?v=zBnDWSvaQl I(conducting test on the term "dog toys"
`
`spoken out loud, but never searched; tester claims targeted "dog toy" advertisements only appeared
`
`after speaking the phrase out loud).
`
`9.
`
`In addition to extensive data gathering of information on residents of this District,
`
`Google has a substantial presence in the District directly through the products and services Google
`
`provides residents of this District (some of which also gather data).4 One of Google's main
`
`businesses in this District is delivering information, inchiding digital content such as movies, mttsic,
`
`apps, and advertising.
`
`Z See https://www.unilad.co.uk/technology/google-is-listening-to-everything-we-sa -~d-you-can-
`hear-it-back/ ("Tech giant and the font of all pub quiz knowledge, Google, can quietly record many
`of the conversations that people have in close proximity to its products.").
`3 See https://www.theguardian.com/commentisfree/2018/mar/28/all-the-data-facebook-gooale-has-
`on-you-privacy.
`4 Non-limiting examples include Google Search, Maps, Translate, Chrome Browser, YouTube,
`YouTube TV, Google Play Music, Chromecast, Google Play Movies and TV, Android Phones,
`Android Wear, Chromebooks, Android Auto, Gmail, Google Allo, Google Duo, Google+, Google
`Photos, Google Contacts, Google Calendar, Google Keep, Google Docs, Google Sheets, Google
`Slides, Google Drive, Google Voice, Google Assistant, Android operating system, Project Fi
`Wireless phone systems, Google Pixel, Google Home, Google Wifi, Daydream View, Chromecast
`Ultra.
`
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 4 of 46 PagelD #: 4
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`10. Google describes itself as an "information company."' Its vision is "to provide
`
`access to the world's information in one click," and its mission is "to organize the world's
`
`information and make it universally accessible and useful."6 Making information available to
`
`people wherever they are and as quickly as possible is critical to Google's business.
`
`Goojzle Global Cache (GGC)
`
`11. As Google's CEO, Sundar Pichai, explains, "We want to make sure that no matter
`
`who you are or where you are or how advanced the device you are using—Google works for you."'
`
`To meet this goal, Google developed a content delivery network that it calls the Edge Network.
`
`12. One non-limiting example of physical presence in this District is Google's Edge
`
`Network. Google provides web-based services, such as YouTube, YouTube TV, and Google Play,
`
`to users throughout the world. These services are in high demand. Google reports that Google Play
`
`reaches more than 1 billion Android users and that YouTube serves over 1.8 billion users per
`
`month.8 Studies show that YouTube alone is responsible for approximately 20% of all internet
`
`traffic. 9 YouTube TV, which has been described as an "add-on to YouTube" allows Google to
`
`essentially become the local TV provider for residents of this District. For example, residents in
`
`this District obtain local Dallas-Fort Worth area channels such as WFAA, ABC (Channel 8); CBS
`
`(Channel 11); NBC (Channel 5); and Fox (Channel 4).10
`
`' See "This Year's Founder's Letter" by Alphabet CEO, Sundar Pichai,
`https://bloa.aoogle/inside-)zoo lg e/alphabet/this-years-founders-letter/.
`6 http://-pamnore.com/goo.gle-vision-statement-mission-statement.
`~ See e.g., http://time.com/4311233/google-ceo-sundar-pichai~letter/.
`8 See https://www.theverge.com/2018/5/3/17317274/youttibe-l-8-billion-logged-in-monthl -u~
`brandcast-2018
`9 See https://www.sandvine.com/htibfs/downloads/archive/2016-global-internet-phenomena-
`report-latin-america-and-nortli-america.pdf and http://testinternetspeed.org/blog/half-of-all-
`internet-traffic-goes-to-netflix-and-youtube/
`lo See, e.g. https://support. og_o le.com/youtubetv/answer/7068923?h1=en and
`https://support.google.com/youtubetv/answer/7370552?h1=en&ref topic=7071745.
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 5 of 46 PagelD #: 5
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`Source: https://tv.youtube.com/live (as accessed from this District).
`
`To verify a resident should receive such local channels, Google verifies a location of such resident.
`
`13. Google's Edge Network, itself, has three elements: Core Data Centers, Edge Points
`
`of Presence, and Edge Nodes. The Core Data Centers (there are eight in the United States) are used
`
`for computation and backend storage. Edge Points of Presence are the middle tier of the Edge
`
`Network and connect the Data Centers to the internet. Edge Nodes are the layer of the network
`
`closest to users. Popular content, including YouTube TV, YouTube, video advertising, music,
`
`mobile apps, and other digital content from the Google Play store, is cached on the Edge Nodes,
`
`which Google refers to as Google Global Cache or "GGC".
`
`14. Google Global Cache is recognized as "one of Google's most important pieces of
`
`infrastructure," 11 and Google uses it to conduct the business of providing access to the world's
`
`information. GGC servers in the Edge Nodes function as local data warehouses, much like a shoe
`
`manufacturer might have warehouses around the country. Instead of requiring people to obtain
`
`information from distant Core Data Centers, which would introduce delay, Google stores
`
`information in the local GGC servers to provide quick access to the data.
`
`11 http://bloQ.speedchecker.xyz/2015/11/30/demystifying=ao~oat,le-global-cache/.
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 6 of 46 PagelD #: 6
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`15. Caching and localization are vital for Google's optimization of network resources.
`
`Because hosting all content everywhere is inefficient, it makes sense to cache popular content and
`
`serve it locally. Doing so brings delivery costs down for Google, network operators, and internet
`
`service providers. Storing content locally also allows it to be delivered more quickly, which
`
`improves user experience. Serving content from the edge of the network closer to the user improves
`
`performance and user happiness. To achieve these benefits, Google has placed Edge Nodes
`
`throughout the United States, including in this District. Google describes these nodes as the
`
`workhorses of video delivery.
`
`16.
`
`Just like brick-and-mortar stores, Google's GGC servers independently determine
`
`what content to cache based on local requests. The GGC servers in Google's Edge Nodes include
`
`software that Google refers to as "µstreamer." µstreamer is responsible for serving video content
`
`from YouTube and other Google services, along with other large content such as Google Play
`
`applications and Chrome downloads. It operates on a content-delivery platform at the edge of
`
`Google's network called "bandaid"; it does not run in the core (except for sotne internal testing
`
`purposes), unlike the majority of the Google services, such as search or gmail.
`
`17. Using µstreamer and bandaid, a GGC server handles requests directly from its
`
`clients, predominantly YouTube's video players. When such a request is received, if the content is
`
`stored in the node's local cache, the node will serve it to the end user, improving the user experience
`
`and saving bandwidth. If cache-eligible content is not already stored on the node, and the content
`
`is cache-eligible, the node will retrieve it from Google, serve it to the user, and store it for fiiture
`
`requests.
`
`18.
`
`µstreamer is largely autonomous, in the sense that almost all decisions related
`
`to serving a particular request are made locally, without coordinating with other servers. Like a
`
`brick-and-mortar store sells directly to customers from inventory and stocks that inventory based
`
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 7 of 46 PagelD #: 7
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`on local customer demand, µstreamer in each GGC node decides—independently from other nodes
`
`in Google's Edge Network— whether to serve requested content, whether to cache content, and
`
`whether to send requests to other servers.
`
`19. Google's GGC servers are housed in spaces in the District leased by Google.
`
`Google's GGC servers are housed in spaces leased by Google from Internet Service Providers
`
`(ISPs) whose networks have substantial traffic to Google and are interested in saving bandwidth.
`
`Hosting Google servers allows ISPs to save both bandwidth and costs, as they do not incur the
`
`expense of carrying traffic across their peering and/or transit links.
`
`20. When an ISP agrees to host a GGC server, the parties enter into a Global Cache
`
`Service Agreement, under which Google provides:
`
`• hardware and software— including GGC servers and software—to be housed in the
`
`host's facilities;
`
`•
`
`technical support; service management of the hardware and software; and
`
`• content distribution services, including content caching and video streaming.
`
`In exchange, the host provides, among other things, a physical building, rack space where Google's
`
`computer hardware is mounted, power, and network interfaces. All ownership rights, title, and
`
`intellectual property rights in and to the equipment (i.e., the hardware and software provided by
`
`Google) remain with Google and/or its licensors.
`
`21. Multiple ISPs hosted GGC servers are in this District. Google provides the location
`
`of its GGC servers, namely Sherman, Tyler, and Texarkana.
`
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 8 of 46 PagelD #: 8
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`Google
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`HuW6Wcrka Ouwlaftastructure Optbrm Leam7aora =
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`Edge nr: 1es
`Our edge nodes (called Google Global Cache, or GGC)
`represent the tier of Google's infrastructure closest to
`our users. With our edge nodes, network operators
`and internet service providers deploy Google-supplied
`servers inside their network.
`
`Static content thai "s eery popu'ar vr.tri the local hosYS uszr6asG incfudtng Yodlu6e and
`Goog'e Play, is tempararJv cached on eL+ge nodes. Goop3zs t2fnc management spstems
`d6ect user reQuesfs to an edge nod-c tltet wi!t provide the tes experience.
`
`In some locaticns„ we also use our edge nodes .o support tfie delivery of oir,er Gecgle
`servires, such as Goosie Search, by prox}ing traffic vrherz rt vnll deliver hncrr.n;ed -cnd-to-end
`performance tortheead usec
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`Source: https://peerin .g google.coin/#/infrastructure
`
`22.
`
`Suddenlink Communications, for example, is an ISP that hosts six GGC
`
`servers in Tyler, Texas.
`
`23.
`
`CableOne is an ISP that hosts three GGC servers in Sherman, Texas, and three GGC
`
`servers Texarkana, Texas.
`
`24.
`
`Google caches content on these GGC servers located in this District.
`
`25. Google's GGC servers located in this District cache content that includes, among
`
`other things: (i) video advertising; (ii) apps; and (iii) digital content from the Google Play store.
`
`26. Google's GGC servers located in this District deliver cached
`
`content for the items in the preceding paragraph to residents in this District.
`
`27. Google generates revenue (i) by delivering video advertising, (ii) from apps,
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 9 of 46 PagelD #: 9
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`and (iii) from digital content in the Google Play store.
`
`28. Google treats its GGC servers in this District the same as it
`
`treats all of its other GGC servers in the United States.
`
`29.
`
`The photographs below show Google's GGC servers hosted by Suddenlink and
`
`the building where they are located at 322 North Glenwood , Boulevard, Tyler,
`
`Texas 75702.
`
`Eaterior
`
`Interior Radc,Spaces,
`
`;.Gcogle GGC Servers _
`
`30. Google not only exercises exclusive control over the digital aspects of the GGC,
`
`Google, but also exercises exchisive control over the physical server and the physical space within
`
`which the server is located and maintained.
`
`31.
`
`This District has previously determined that the GGC server itself and the place of
`
`the GGC server, both independently and together, meet the stahitory requirement of a"physical
`
`place." See Seven NetwoYks, LLC v. Google, LLC, Case No. 2:17-cv-00442-JRG (E.D. Tex)(Jul.
`
`19, 2018) at Page 24.
`
`32. Likewise, - this District has determined that GGC servers and
`
`their several locations within this District constitute "regtilar and established place[s] of business"
`
`within the meaning of the special patent venue statute See Seven Networks, LLC v. Google, LLC,
`
`Case No. 2:17-cv-00442-JRG (E.D. Tex.)(Jul. 19, 2018) at page 38.
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`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 10 of 46 PagelD #: 10
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`33.
`
`Similarly, this District has determined that the GGC servers and their locations
`
`within the various ISPs within this District are "places of Google" sufficient to meet the statutory
`
`requirement of § 1400(b). See Seven Networks, LLC v. Google, LLC, Case No. 2:17-cv-00442-JRG
`
`(E.D. Tex.)(Jul. 19, 2018) at page 41.
`
`Google's Cell Phone Ser-vice (aka Goozle Fi)
`
`34.
`
`Google also provides phone, messaging, and data services in this District from its
`
`wireless phone services called Google Fi. Via this Google Fi service, Google provides its customers
`
`voice and high-speed data coverage (4G LTE) for cities such as Tyler and Marshall, TX.
`
`f Project Fi
`
`Q Address or zip code
`
`Marshall, TX
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`Source: https://fi.google.com/coverage?~c =Marshall%2C%20TX%2C%20USA
`
`35.
`
`The cell towers used for Google's services are fixed geographical locations. They
`
`are "regular" and "established" because they operate in a"steady, uniform, orderly, and methodical
`
`manner" and are sufficiently permanent. They are "of the defendant" because Google has
`
`contractual and/or property rights to use the cell towers to operate its business. Google also ratifies
`
`the service locations through its coverage lookup service.
`
`Page 10 of 46
`
`Page 12 of 71
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`

`

`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 11 of 46 PagelD #: 11
`
`Source: https://fi.google.com/coverage?
`
`36. With this coverage lookup service, Google advertises its ability to provide cell
`
`coverage in this District and it selected cell towers in and near this District to provide the advertised
`
`coverage (e.g., 2G, 3G, or 4GLTE) depending on the location in the District. See
`
`https://fi.google.com/coverage?. Google is not indifferent to the location of its cell towers. It
`
`"established" and "ratified" them where they are for a specific business purpose.
`
`37. Residents of this District also directly contract with and are billed by Google for
`
`these services.
`
`Page 11 of 46
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`

`

`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 12 of 46 PagelD #: 12
`
`Plan Features
`AII the beils and whistles without the nickels and dimes.
`
`E.
`
`~
`
`Calls & texts
`$20/mo
`Unlimited domestic calls and
`texts with 24l7 support
`
`. ~,J~
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`Data
`$10/GB
`No charge past 6 GB (for 1
`person) with Bill Protection
`
`~
`~
`Extra people
`$15/mo each
`Add up to 5 more people and
`share your data plan
`
`Source: https://fi.google.com/about/plan
`
`38. Google also determines which cell tower a particular project Fi customer will use
`
`while within the District.
`
`- What determines when Project Fi moves me between cellular networks?
`
`when multiple carriers are available, Project Fi will move you to the network that our analysis sho+;vs will be
`fastest in your current location, wheiher that is 4G LTE, 3G, or 2G. we're constantiy learning and improving,
`to account for factors such as newly-built towers or newly-available radio frequencies. And if your current
`network is providing weak or no coverage, we'll adjust in real time to f€nd you a stronger connection.
`
`Source: https://fi, og_OQle.com/about/faq/#network-and-coverage-4
`
`Google Cloud Interconnect (GCI) ancl Direct Peering
`
`39. Google additionally services its customers in this District (and other districts)
`
`through yet other facilities it has in this District. More particularly, Google's equipment is located
`
`in this District in Denton County Texas at two facilities referred to as "Megaport." At the Megaport
`
`facilities in this District, Google offers two services: Google Cloud Interconnect (GCI) and Direct
`
`Peering.
`
`40.
`
`Google Cloud's Interconnect (GCI) is a service from Google that allows customers
`
`to connect to Google Cloud Platform directly as opposed to, for example, over the public network.
`
`Page 12 of 46
`
`Page 14 of 71
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`

`

`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 13 of 46 PagelD #: 13
`
`Partner Interconnect
`
`r-
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`You can also extend your data center network into your Google Cloud
`
`projects through the service providers you know and love, Partner
`
`>
`
`Interconnect offers enterprise grade connections similar to Dedicated
`
`Interconnect This solution allows you to add connectivity from your on-
`
`premises network to your GCP VPC through one of Google Cloud's many
`
`
`
`
`
`service provider partners.
`
`Partner Interconnect gfves you bandwidth options from 50Mbps -
`
`10Gbps allowing you to connect to your VPC and to extend your
`corporate data center's IP space into the Google cloud by choosing
`
`the bandwidth that works best for your needs. This allows you to work
`with our partners to get similar SLA options as provided by Dedlcated
`Interconnect when you are not able to meet us at one of our dedicated
`interconnect locations.
`
`Please see the Partner Interconnect documentation for details on how
`
`to create a Partner Interconnect in your GCP Project.
`
`Source: https://cloud.google.com/interconnect/
`
`41.
`
`Google's Direct Peering services allows its customers to exchange Internet traffic
`
`between its customers network and Google's at one of its broad-reaching Edge network locations
`
`such as the one at Megaport.
`
`Direct Peering
`
`SENDFEEDBACK
`
`Connect your business network directly to Google at any of 100+
`locations in 33 countries around the world and exchange high throughput cloud trafflc.
`
`What is direct peering?
`
`Google allows you to establish a direct peering connection between your business network and
`
`Googie's. With this connection you will be able to exchange Intemet trafnc between your network
`
`and Google's at one of our broad-reaching Edge network locations. Visit Google's peering site to
`
`find out more information about edge locations.
`
`Direct peering with Google is done by exchanging BGP routes between Google and the peering
`entfty. After a direct peering connection is in place, you can use it to reach all of Google's
`
`services including the full suite of Google Cloud Platform products.
`
`Source: https://cloud.,google.com/interconnect/docs/how-to/direct-peering
`
`42.
`
`In establishing such a direction connection, Google provides the necessary physical
`
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`

`

`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 14 of 46 PagelD #: 14
`
`equipment at Megaport to enable such GCI or Direct Peering connections. Google advertises only
`
`two GCI facilities in Texas — the Equinix facility and Megaport facility (the latter is located in this
`
`District).
`
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`
`43.
`
`Clicking on the Megaport link from screenshot of Google's website in the preceding
`
`paragraph directs a customer as to the details of directly connecting to Google's equipment at the
`
`facility in this District to connect to Google's GCI service.
`
`Dedicated Connectivity to Google Cloud Platfor
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`
`Page 14 of 46
`
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`

`

`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 15 of 46 PagelD #: 15
`
`https://www.megaport.com/services/goo gle-cloud-partner-interconnect/
`
`44. More particularly, the Google-linked Megaport site explains how a Google customer
`
`can use the Google Cloud Platform console to enable connection to the Google equipment at the
`
`Megaport facility in this district.
`
`VXC Dep[oyment Steps
`
`First you will need to Eog in to your Google Cloud Console and create a Pairing Key: Google Console Link
`
`Next click on the main menu in the Google Console, then select 'Hybrid Connectivit)/ and'IrrterconnecC from the drop-dovan.
`
`G!6o9fe Cioud F'latformw
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`Source: https://knowledgebase.megaport.com/cloud-connectivity/goo l~e-
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`
`45.
`
`Both Google's website and Megaport's website advertise the peering service and
`
`point a consumer the website, www.peeringdb.com, for details. The peering DB website lists
`
`Megaport Dallas as a Google peering facility.
`
`Page 15 of 46
`
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`

`Case 2:18-cv-00552 Document 1 Filed 12/31/18 Page 16 of 46 PagelD #: 16
`
`Who can peer with Gaogle?
`
`Any Google Cloud Platform customers that meet Google's technical peering requirements
`specified in our peering page can be considered for the direct peering service. Google can peer ;
`at the Internet Exchanges (IXPs) and private facilities that are listed in our PeeringDB entry.
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`Source: https://cloud. oogle.com/interconnect/docs/how-to/direct-peering
`
`Megaport — Google IX Peering Locations:
`
`• MegaLX: Ashncrn, Dallas, L+as Angeles, Seattle, Singapore, Sofia, Sydney
`• APaiS-[X: Cli[cago, Nevr York, Bay Area
`
`See PeeringDB ;or additional details.
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