IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`RFCyber CORP.,
`
`
`
`v.
`
`Plaintiff,
`
`
`Case No.
`
`JURY TRIAL DEMANDED
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`GOOGLE LLC and GOOGLE PAYMENT
`CORP.
`
`
`Defendants.
`
`
`
`Plaintiff, RFCyber Corp. (“RFCyber” or “Plaintiff”), files this original Complaint against
`
`Defendants Google LLC and Google Payment Corp. (collectively, “Google” or “Defendants”) for
`
`patent infringement under 35 U.S.C. § 271 and alleges as follows:
`
`THE PARTIES
`
`1.
`
`RFCyber is a corporation organized and existing under the laws of the State of
`
`Texas, with its principal place of business located at 7300 Lone Star Drive, Suite c200, Plano, TX
`
`75024. RFCyber is the owner of all right, title, and interest in and to, or is the exclusive licensee
`
`with the right to sue for U.S. Patent Nos. 8,118,218, 8,448,855, 9,189,787, 9,240,009, and
`
`10,600,046.
`
`2.
`
`Google LLC is a Delaware corporation and maintains its principal place of business
`
`located at 1600 Amphitheatre Parkway, Mountain View, California 94043, and may be served with
`
`process through its registered agent, Corporation Service Company at 251 Little Falls Drive,
`
`Wilmington, DE 19808.
`
`3.
`
`Google Payment Corp. is a Delaware corporation and maintains its principal place
`
`of business located at 1600 Amphitheatre Parkway, Mountain View, California 94043, and may
`
`GOOG-1041
`Google LLC v. RFCyber Corp. / Page 1 of 73
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`

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`be served with process through its registered agent, Corporation Service Company at 251 Little
`
`Falls Drive, Wilmington, DE 19808.
`
`4.
`
`Upon information and belief, Google LLC does business in Texas, directly or
`
`through intermediaries, and offers its products and/or services, including those accused herein of
`
`infringement, to customers and potential customers located in Texas, including in the Judicial
`
`Eastern District of Texas.
`
`5.
`
`On information and belief, Google maintains regular and established places of
`
`business within this Judicial District including at least the following locations: (1) 700 Lakeside
`
`Parkway, Flower Mound, Texas 75028; (2) 1201 East Spring Creek Parkway, Suite C-130, Plano,
`
`TX 75074; (3) 6205 Coit Road, Suite 336, Plano, TX 75024; (4) 1920 Eldorado Parkway, Suite
`
`600, McKinney, TX 75069; and 2707 Cross Timbers, Suite 122, Flower Mound, TX 75028. Upon
`
`information and belief, Defendants employ individuals in this Judicial District involved in the sales
`
`and marketing of its products.
`
`JURISDICTION
`
`6.
`
`This is an action for patent infringement arising under the patent laws of the United
`
`States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`7.
`
`This Court has personal jurisdiction over Defendants. Defendants regularly
`
`conduct business and have committed acts of patent infringement within this Judicial District that
`
`give rise to this action, and have established minimum contacts with this forum such that 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 Judicial District, by,
`
`among other things, offering to sell, selling, using, importing, and making products and services
`
`2(cid:3)
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`GOOG-1041
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`

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`that infringe the asserted patents. Google has further induced acts of patent infringement by others
`
`in this Judicial District and/or has contributed to patent infringement by others in this Judicial
`
`District, the State of Texas, and elsewhere in the United States.
`
`8.
`
`Venue is proper in this Judicial District 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 regular and established places of business
`
`in this Judicial District as set forth below and is deemed to reside in this Judicial District.
`
`9.
`
`Google is a multi-national 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 Judicial
`
`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 runs its operating systems and apps (e.g., Android and Google Pay).1 As another
`
`example, Google gathers data when a resident interacts with Google’s plethora of services such as
`
`search,
`
`contactless
`
`payment,
`
`email, 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 services”). As yet another example,
`
`Google gathers data “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,”
`
`(cid:3)
`1 See e.g., “AP Exclusive: Google tracks your movements, like it or not,”
`https://apnews.com/828aefab64d4411bac257a07c1af0ecb/AP-Exclusive:-Google-tracks-
`yourmovements,-like-it-or-not; see also https://pay.google.com/about/learn/.
`
`3(cid:3)
`
`GOOG-1041
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`“information you deleted [on your computer],” “your workout routine,” “years’ worth of photos,”
`
`and “every email you ever sent.”2
`
`10.
`
`In addition to extensive data gathering on residents of this Judicial District, Google
`
`has a substantial presence in this District directly through the products and services Google
`
`provides residents of this District (some of which also gather data).3 Google derives revenue
`
`through, among other things, direct payments from residents of this District,4 through sharing
`
`residents’ data with third-parties,5 and through serving advertisements to residents.6
`
`11.
`
`Google describes itself as an “information company.”7 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.”8 Making information available to
`
`people wherever they are and as quickly as possible is critical to Google’s business.9
`
`12.
`
`Google’s CEO, Sundar Pichai, explained, “We want to make sure that no matter
`
`who you are and where you are or how advanced the device you are using—Google works for
`
`(cid:3)
`2 See https://www.theguardian.com/commentisfree/2018/mar/28/all-the-data-facebook-
`googlehas-on-you-privacy.
`3 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 gear, 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.
`4 https://support.google.com/pay/answer/7643997?hl=en&ref_topic=7644058
`5 See https://www.theguardian.com/commentisfree/2018/mar/28/all-the-data-facebook-
`googlehas-on-you-privacy.
`6 https://support.google.com/google-ads/answer/6382835?hl=en
`7 See “This Year’s Founder’s Letter” by Alphabet CEO, Sundar Pichai,
`https://blog.google/inside-google/alphabet/this-years-founders-letter//.
`8 https://panmore.com/google-vision-statement-mission-statement.
`9 Id. See also “Introduction to GCC,”
`https://support.google.com/interconnect/answer/9058809?hl=en.
`
`4(cid:3)
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`GOOG-1041
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`you.”10 To meet this goal, Google developed a content delivery network that it calls the Edge
`
`Network.
`
`13.
`
`One non-limiting example of physical presence in this Judicial District is Google’s
`
`Edge Network. Google provides Android and/or web-based products and services, such as Google
`
`Pay, and Google Chrome, to users throughout the world, including in this District.11 These
`
`products and services are in high demand. Google reports that the Android operating system has
`
`more than 2 billion monthly active devices.12
`
`14.
`
`Google’s Edge Network, itself, has three elements: Core Data Centers, Edge Points
`
`of Presence, and Edge Nodes.13 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 Google Maps, Google Messages, 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.”
`
`15.
`
`Google Global Cache is recognized as one of the most important pieces of Google’s
`
`infrastructure, and Google uses it to conduct the business of providing access to the world’s
`
`information.14 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
`
`(cid:3)
`10 https://time.com/4311233/google-ceo-sundar-pichai-letter/.
`11 https://support.google.com/pay/answer/9023773
`12 See https://www.theverge.com/2017/5/17/15654454/android-reaches-2-billion-monthly-
`activeusers.
`13 https://peering.google.com/#/infrastructure.
`14 https://www.blog.speedchecker.xyz/2015/11/30/demystifying-google-global-cache/.
`
`5(cid:3)
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`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.
`
`16.
`
`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 Judicial District. Google describes these
`
`Edge Nodes as the workhorses of video delivery.
`
`17.
`
`Google’s GGC servers are housed in spaces in this Judicial 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.
`
`18. When an ISP agrees to host a GGC server, the parties enter into a Global Cache
`
`Service Agreement, under which Google provides:
`
`(cid:120) 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
`
`(cid:120)
`(cid:120) 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,
`
`6(cid:3)
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`GOOG-1041
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`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.
`
`19. Multiple ISP-hosted GGC servers are in this Judicial District. Google provides the
`
`location of its GGC servers, namely, Sherman, Tyler, and Texarkana.
`
`
`
`Source: Uniloc 2017 LLC v. Google LLC, Case No. 2:18-cv-00550, Dkt. 1 at 8 (E.D. Tex. 2018);
`https://peering.google.com/#/infrastructure.
`
`
`20.
`
`Suddenlink Communications, for example, is an ISP that hosts six GGC servers in
`
`Tyler, Texas.
`
`21.
`
`CableOne is an ISP that hosts three GGC servers in Sherman, Texas and three
`
`GGC servers in Texarkana, Texas.
`
`22.
`
`Google caches content on these GGC servers located in this Judicial District.
`
`7(cid:3)
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`GOOG-1041
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`23.
`
`Google’s GGC servers located in this Judicial District cache content that includes,
`
`among other things: (a) maps; (b) messages; and (c) digital content from the Google Play store.
`
`24.
`
`Google’s GGC servers located in this Judicial District deliver cached content for
`
`the items in the preceding paragraph to residents in this District.
`
`25.
`
`Google generates revenue (a) by delivering video advertising; (b) from apps; and
`
`(c) from digital content in the Google Play store.
`
`26.
`
`Google treats its GGC servers in this Judicial District the same as it treats all its
`
`other GGC servers in the United States.
`
`27.
`
`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.
`
`
`
`28.
`
`Google not only exercises exclusive control over the digital aspects of the GGC,
`
`but also exercises exclusive control over the physical server and the physical space within which
`
`the server is located and maintained.
`
`29.
`
`This Judicial District has previously determined that the GGC server itself and the
`
`place of the GGC server, both independently and together, meet the statutory requirement of a
`
`8(cid:3)
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`“physical place.” See Seven Networks, LLC v. Google LLC, Case No. 2:17-cv-00442-JRG, Dkt.
`
`235 at 24 (E.D. Tex. July 19, 2018).
`
`30.
`
`Likewise, this Judicial District has determined that GGC servers and their several
`
`locations within this District constitute “regular 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, Dkt. 235 at 38 (E.D. Tex. July 19, 2018).
`
`31.
`
`Similarly, this Judicial 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, Dkt. 235 at 41 (E.D. Tex. July 19, 2018).
`
`Google Makes Google Pay Available in This Judicial District
`
`32.
`
`Google Pay, also known as “G Pay,” “Pay with Google” and “Android Pay” is a
`
`“fast, simple way to pay online or make contactless payments with your phone.”15 Google Pay
`
`allows users in this Judicial District to:
`
`(cid:120) “Tap and pay to make purchases with your phone”
`(cid:120) “Buy items in apps and on websites”;
`(cid:120) “Fill in forms automatically on Chrome”;
`(cid:120) “Buy Google products”;
`(cid:120) “Send money to friends and family”; and
`(cid:120) Use gift cards, loyalty cards, tickets, and coupons at participating retailers.16
`
`(cid:3)
`15 https://pay.google.com/about/.
`16 https://support.google.com/pay/answer/9026749?co=GENIE.Platform%3DAndroid&hl=en#.
`
`9(cid:3)
`
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`Source: https://pay.google.com/about/business/checkout/
`
`
`
`33.
`
`Google Pay is accepted at “millions” of locations, including throughout this
`
`Judicial District.17 For example, Google Pay is accepted in stores including, among others,
`
`Dunkin Donuts, McDonalds, Nike, Target, Trader Joes, Ulta, Walgreens, Whole Foods, ACME,
`
`Aeropastale, American Eagle Outfitters, ARCO, Best Buy, Bloomingdales, Champs Sports,
`
`Chevron, Chick-Fil-A, Crate & Barrel, the Disney Store, Express, Foot Locker, GameStop,
`
`JetBlue, KFC, Kohls, LEGO, Macy’s, Martin’s, Office Depot, Panera Bread, Peet’s Coffee,
`
`Petco, Sephora, Staples, Subway, and Stop & Shop.18
`
`34.
`
`At least the Google Pay point of service locations (“POS”) are regular and
`
`established places of business of Google. For example, Google establishes Merchant Hardware
`
`(cid:3)
`17 https://pay.google.com/about/where-to-use/
`18 Id.
`
`10(cid:3)
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`Requirements, establishes data security requirements (e.g. complaint with the Payment Card
`
`Security Standards Council requirements),19 and mandates that participating stores, referred to as
`
`“Sellers” comply with terms of service provided by Google Payment Corp (“GPC”), a subsidiary
`
`of Google LLC, to Google’s users.20 For example, the terms of service provide that:
`
`(cid:120) “Seller must comply with the Policies and any other limits concerning use of the Service
`
`as updated by GPC from time to time, including without limitation:(i) the Integration
`
`Guidelines; (ii) the Button and Acceptance Logo Guidelines and the Google Brand
`
`Feature Guidelines; (iii) GPC requirements for data security and privacy, including the
`
`Google Privacy Policy and Google Payments Privacy Notice; (iv) operating rules and/or
`
`policies of the card associations or networks that are used to process the Payment
`
`Transactions attached hereto as Exhibit A (as may be updated from time to time); or
`
`(v) Carrier requirements applicable to Carrier Billing.”; and
`
`(cid:120) “Seller agrees not to use the Service through websites other than the Seller Websites.
`
`GPC at all times reserves approval authority as to the implementation of the Service on
`
`each Seller Website, and GPC may upon notice suspend Seller’s use of the Service until
`
`Seller corrects implementation issues as reasonably specified by GPC.”21
`
`35.
`
`Google further mandates that Sellers and their developers comply with Google
`
`Pay API terms of service (“Google Pay API ToS”), Google Pay API Acceptable Use Policy, and
`
`(cid:3)
`
`19 Id.
`20 See https://payments.google.com/payments/apis-
`secure/u/0/get_legal_document?ldo=0&ldt=sellertos.
`21 Id.
`
`11(cid:3)
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`rules set forth in the Google Pay Policy Center.22 For example, the Google Pay API ToS
`
`mandates that:
`
`(cid:120) “You must comply with the Terms, the Google Pay APIs Acceptable Use Guidelines,
`
`and the Google Pay API Brand Guidelines found at the Google Pay API developer site.”
`
`(cid:120) “Unless Google provides otherwise, You may arrange for a platform provider to assist
`
`You in integrating Your payment transaction interfaces with the API. Such platform
`
`provider must act exclusively on Your behalf and in accordance with its own written
`
`agreement with Google. You agree that Google may require you to disengage from Your
`
`platform provider if, in Google’s discretion, the platform provider contributed to a
`
`violation of these Terms or other harm to Google.”; and
`
`(cid:120) “You may not: (a) establish a minimum or maximum purchase amount that is specific to
`
`an End User making a purchase through the API; (b) require an End User to provide you
`
`with the account numbers of any credit card, debit card, or other payment instrument in
`
`addition to information provided through the API; or (c) add any service use surcharge
`
`that is specific to an End User making a purchase through the API.”23
`
`36.
`
`Google further partners with banks and payment partners in this judicial District
`
`in Delivering Google Pay services to its users, including, among others, AMEX, BAC (Bank of
`
`America), Barclays US, Capital One, Chase, CITI, Synchrony, and Wells Fargo. On information
`
`and belief, Google further binds sellers to terms it negotiates with its payment partners, such as
`
`terms provided in its partners.
`
`(cid:3)
`22 See https://developers.google.com/pay/api/android/guides/setup;
`https://payments.developers.google.com/terms/sellertos;
`https://support.google.com/googleplay/android-developer/answer/9858738.
`23 https://payments.developers.google.com/terms/sellertos; see also
`https://developers.google.com/pay/api/android/guides/brand-guidelines.
`
`12(cid:3)
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`Google Wi-Fi at Starbucks Locations in This Judicial District
`
`37.
`
`Google provides Wi-Fi infrastructure and Wi-Fi service at Starbucks locations in
`
`this District.24 Google and Starbucks entered into an agreement in which Google provides its
`
`Google Wi-Fi or Google Fiber service at all Starbucks locations in this Judicial District,
`
`including at Starbucks stores and at Target stores.25 First-time customers connect and use Google
`
`Wi-Fi on their devices in this District by selecting “Google Starbucks” from their respective
`
`device’s list of available wireless networks and entering their respective name, email address,
`
`and postal code. Return customers are automatically connected to Google Wi-Fi on their
`
`respective devices at any Google Wi-Fi location. Upon connecting to the Google Wi-Fi locations
`
`in this District, Google provides connected customers with Internet access over Google’s
`
`infrastructure and services.
`
`(cid:3)
`24 See https://customerservice.starbucks.com/app/answers/detail/a_id/5796/~/how-can-i-access-
`wifi-in-starbucks-stores%3F;
`https://support.google.com/fiber/answer/3289712?visit_id=637050364069556126-
`264756134&hl=en&rd=1;
`25 https://www.starbucks.com/store-locator?map=32.467135,-95.387478,8z
`
`13(cid:3)
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`
`
`Source: https://www.starbucks.com/store-locator/store/15590/mc-cann-loop-281-407-w-loop-
`
`281-longview-tx-756054449-us.
`
`38.
`
`Google uses its Google Wi-Fi infrastructure and Google Wi-Fi services at
`
`Starbucks locations in this Judicial District to provide customers with telecommunications
`
`services through its own phone carrier network, Google Fi. Google Fi is owned and operated by
`
`Google. In order to use Google Fi phone service in this District, Google provides its customers
`
`with special SIM cards and software to connect to and automatically switch between four sources
`
`of network infrastructure and services: T-Mobile, Sprint, US Cellular, and public Wi-Fi
`
`networks. As described below, Google has entered into agreements with T-Mobile, Sprint, and
`
`US Cellular to lease the carriers’ infrastructure and services to provide Google Fi customers with
`
`14(cid:3)
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`voice and data services. As a fourth source, Google Fi uses public Wi-Fi networks, including the
`
`Google Wi-Fi at Starbucks locations in this District, to provide its phone carrier service. The
`
`Google Wi-Fi at Starbucks locations in this District 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 Google Wi-Fi locations to operate its businesses,
`
`including the Google Fi phone carrier business.
`
`39.
`
`Google determines whether a Google Fi customer in this Judicial District uses a
`
`certain Wi-Fi network, including the Google Wi-Fi networks at Starbucks locations, using the
`
`Google-provided SIM card and software on the customer’s phone.
`
`Source: https://fi.google.com/about/coverage/
`
`
`
`15(cid:3)
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`Google’s “Google Fi”
`
`40.
`
`As described above, Google owns, operates, and provides telecommunications
`
`infrastructure and service in this Judicial District through its own phone carrier network, Google
`
`Fi. Google provides cellular and Wi-Fi infrastructure and services for payment, phone,
`
`messaging, and data services in this District. Google provides its customers voice and high-speed
`
`data coverage (4G LTE) for cities such as Tyler, Longview, and Marshall, Texas.
`
`
`
`Source: https://fi.google.com/coverage?q=Marshall%2C$20TX$2C%20USA
`
`41.
`
`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.
`
`16(cid:3)
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`GOOG-1041
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`

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`
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`Source: https://fi.google.com/about/coverage/
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`42. With this coverage lookup service, Google advertises its ability to provide cell
`
`coverage in this Judicial District and its selected cell towers in and near this District to provide
`
`the advertised coverage (e.g., 2G, 3G, or 4G LTE), depending on the location in the District. See
`
`https://fi.google.com/about/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.
`
`43.
`
`Residents of this Judicial District also directly contract with and are billed by
`
`Google for these services.
`
`
`
`17(cid:3)
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`

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`Source: https://fi.google.com/about/plan/
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`44.
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`Google also determines which cell tower a particular Google Fi customer will use
`
`while within this Judicial District.
`
`
`
`Source: https://fi.google.com/about/faq/#coverage-3
`
`Google Cloud Interconnect (GCI) and Direct Peering
`
`45.
`
`Google additionally services its customers in this Judicial District (and other
`
`districts) through yet other facilities it has in this District. More specifically, 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.
`
`46.
`
`Google’s Cloud Interconnect (GCI) is a service from Google that allows
`
`customers to connect to Google’s Cloud Platform directly, as opposed to, for example, over the
`
`public network.
`
`18(cid:3)
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`GOOG-1041
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`

`

`
`
`
`
`Source: https://cloud.google.com/interconnect/docs/concepts/partner-overview
`
`19(cid:3)
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`GOOG-1041
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`

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`47.
`
`Google’s Direct Peering services allows its customers to exchange Internet traffic
`
`between its customers’ networks and Google’s at one of its broad-reaching Edge network
`
`locations, such as the one at Megaport.
`
`Source: https://cloud.google.com/interconnect/docs/how-to/direct-peering
`
`48.
`
`In establishing such a direct connection, Google provides the necessary physical
`
`equipment at Megaport to enable GCI or Direct Peering connections. Google advertises only two
`
`GCI facilities in Texas—the Equinix facility and the Megaport facility (the latter one located in
`
`
`
`this Judicial District).
`
`20(cid:3)
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`GOOG-1041
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`
`
`
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`Source: https://www.cloud.google.com/interconnect/docs/concepts/service-providers#by-
`location
`
`
`49.
`
`Clicking on the Megaport link from the screenshot of Google’s website in the
`
`preceding paragraph directs a customer to the details of directly connecting to Google’s
`
`equipment at the facility in this Judicial District to connect to Google’s GCI service.
`
`Source: https://www.megaport.com/services/google-cloud-partner-interconnect/
`
`50. 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 Judicial District.
`
`21(cid:3)
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`

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`Source: https://knowledgebase.megaport.com/cloud-connectivity/google-cloud/
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`
`51.
`
`Both Google’s website and Megaport’s website advertise the peering service and
`
`point a consumer to the website, www.peeringdb.com, for details. he peering DB website lists
`
`Megaport Dallas as a Google peering facility.
`
`
`
`
`
`22(cid:3)
`
`GOOG-1041
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`

`

`Source: https://cloud.google.com/interconnect/docs/how(cid:882)to/direct(cid:882)peering; see also
`
`https://cloud.google.com/cdn/docs/locations.
`
`Source: https://knowledgebase.megaport.com/cloud-connectivity/google-cloud-platform-direct-
`peering/
`
`
`
`
`Source: https://www.peeringdb.com/net/433
`
`
`52. Megaport’s website also confirms, in its “Looking Glass” tool, the presence of
`
`
`
`Google at its facility—(AS No. 15169).
`
`23(cid:3)
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`GOOG-1041
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`
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`Source: https://lg.megaport.com/
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`53.
`
`Both of Megaport’s “Dallas” locations are in the Eastern District of Texas in
`
`Denton County.26 The larger Megaport facility, the Carrollton facility, is located at 1649 West
`
`Frankford Road, and is the largest of its kind in the State of Texas.27 The smaller Megaport
`
`facility, the Lewisville facility, is located at 2501 S. State Highway 121.28
`
`54.
`
`The Google equipment at Megaport’s facilities which provides the GCI and
`
`Direct Peering services for Google customers 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 holds
`
`contractual and/or property rights to use this space and to maintain this equipment. Google also
`
`(cid:3)
`26 https://www.megaport.com/blog/cyrusone-brings-dallas-closer-cloud/.
`27 Id.
`28 Id.
`
`24(cid:3)
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`ratifies the equipment through advertising of the Megaport location as authorized to provide
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`these Google services.
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`Google Repair Centers and Warehouses in this Judicial District
`
`55.
`
`In addition to the Google presence described above, Google has multiple
`
`authorized repair centers in the Eastern District of Texas. These repair centers are regular and
`
`established places of business of Google.
`
`56.
`
`For example, the Flower Mound Facility, located at 700 Lakeside Parkway,
`
`Flower Mound, Texas 75028, is a regular and established place of business of Google. The
`
`Flower Mound Facility is owned by Communications Test Design, Inc. (“CTDI”) with whom
`
`Google has entered into an Inbound Services Agreement (the “ISA”) on August 15, 2017.
`
`Personalized Media Commn’s, LLC v. Google LLC, No. 2:19-cv-00090-JRG, Dkt. 291 at 3,
`
`(E.D. Tex. July 16, 2020). Further, on May 15, 2018, Google and CTDI entered into Statement
`
`of Work No. 463889 (the “SOW”) regarding the Flower Mound Facility. Id. Pursuant to the
`
`SOW and in accordance with the ISA, “Google contracted with CTDI to refurbish, warehouse,
`
`and repair ‘certain Google products such as . . . Pixel smartphones’ at the Flower Mound
`
`Facility.” Id. at 3-4.
`
`57.
`
`Under the SOW, (1) “CTDI must repair, refurbish, and warehouse Google devices
`
`at the Flower Mound Facility;” (2) “[a]ny change from this location must be agreed to in writing
`
`by Google;” (3) “the SOW grants Google a specific and defined space within the Flower Mound
`
`Facility called the ‘Google Secured Area’ where all repair, refurbishment, and warehousing
`
`activities are to be conducted;” and (4) “Google further specifies that that Google Secured Area
`
`must ‘have walls from floor to ceiling’ and ‘be fully separate from other operations.’” Id. at 4.
`
`Further, “Google has a dedicated, physical space for its operations within the Flower Mound
`
`25(cid:3)
`
`GOOG-1041
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`

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`Facility,” “Google has control over the Google Secured Area and has dictated the specifications
`
`for the Google Secured Area,” “[o]nly Google devices can be stored, repaired, or refurbished in
`
`the Google Secured Area,” and “the location of the Google Secured Area cannot be moved
`
`outside of the Flower Mound Facility without the express written consent of Google.” Id.
`
`58.
`
`CDTI acts as Google’s agent, conducting Google’s business at the Flower