Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 1 of 128 PageID #: 268
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`
`ADVANCED CODING TECHNOLOGIES
`LLC,
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:24-cv-00353-JRG
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Defendant.
`
`
`
`v.
`
`
`GOOGLE LLC,
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Advanced Coding Technologies LLC (“ACT” or “Plaintiff”) for its Complaint
`
`against Defendant Google LLC (“Google” or “Defendant”) for patent infringement under 35
`
`U.S.C. § 271, alleges as follows:
`
`THE PARTIES
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`1.
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`Plaintiff ACT is a limited liability company, organized and existing under the laws
`
`of the State of Texas, with its principal place of business located at 104 East Houston Street, Suite
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`140, Marshall, Texas 75670.
`
`2.
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`Defendant Google is a Delaware corporation and maintains its principal place of
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`business at 1600 Amphitheatre Parkway, Mountain View, California 94043, and may be served
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`with process via its registered agent, Corporation Service Company at 251 Little Falls Drive,
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`Wilmington, Delaware 19808. Upon information and belief, Google does business in Texas,
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`directly or through intermediaries, and offers its products and/or services, including those accused
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`herein of infringement, to customers and potential customers located in Texas, including in the
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`

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`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 2 of 128 PageID #: 269
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`judicial Eastern District of Texas.
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`JURISDICTION
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`3.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331, 1332, 1338 and 1367.
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`4.
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`This Court has specific and personal jurisdiction over Defendant consistent with
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`the requirements of the Due Process Clause of the United States Constitution and the Texas Long
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`Arm Statute. Upon information and belief, the Defendant has sufficient minimum contacts with
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`the forum because Defendant transacts substantial business in the State of Texas and in this Judicial
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`District. Further, Defendant has, directly or through subsidiaries or intermediaries, committed and
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`continues to commit acts of patent infringement in the State of Texas and in this Judicial District
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`as alleged in this Complaint, by, among other things, offering to sell and selling products and/or
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`services that infringe the Patents-in-Suit.
`
`5.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`Google is registered to do business in Texas and, upon information and belief, Google has
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`transacted business in the Eastern District of Texas and has committed acts of direct and indirect
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`infringement in the Eastern District of Texas. Google has regular and established places of business
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`in this Judicial District as set forth below and is deemed to reside in this Judicial District.
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`6.
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`Google is a multi-national technology company that collects, stores, organizes, and
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`distributes data. In addition to its service model for distribution of data (e.g., movies, search results,
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`maps, music, etc.), Google has an expansive regime that gathers data on residents of this District
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`through the hardware devices it sells (e.g., phones, tablets, and home audio devices) and, also,
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`through the operating systems and apps it provides. As an example, Google gathers data when a
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`2
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`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 3 of 128 PageID #: 270
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`resident runs its operating systems and apps (e.g., location services).1 As another example, Google
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`gathers data when a resident interacts with Google’s plethora of services such as search, email,
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`music, and movie streaming. See https://safety.google/privacy/data/ (indicating that Google
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`gathers data from “things you search for,” “Videos you watch,” “Ads you view or click,” “Your
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`location,” “Websites you visit,” and “Apps, browsers, and devices you use to access Google
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`services”). As yet another example, Google gathers data from “where you’ve been,” “everything
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`you’ve ever searched—and deleted,” “all the apps you use,” “all of your YouTube history,” “which
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`events you attended, and when,” “information you deleted [on your computer],” “your workout
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`routine,” “years’ worth of photos,” and “every email you ever sent.”2 In addition to extensive data
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`gathering of information on residents of this District, Google has a substantial presence in this
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`District directly through the products and services Google provides residents of this District (some
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`of which also gather data).3
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`7.
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`Google describes itself as an “information company.”4 Its vision is “to provide
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`access to the world’s information in one click,” and its mission is “to organize the world’s
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`information and make it universally accessible and useful.”5 Making information available to
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`
`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
`2 See https://www.theguardian.com/commentisfree/2018/mar/28/all-the-data-facebook-google-
`has-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 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.
`4 See “This Year’s Founder’s Letter” by Alphabet CEO, Sundar Pichai,
`https://blog.google/inside-google/alphabet/this-years-founders-letter//
`5 https://panmore.com/google-vision-statement-mission-statement
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`3
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`

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`people wherever they are and as quickly as possible is critical to Google’s business.
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`Google Global Cache (GGC)
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`8.
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`Google’s CEO, Sundar Pichai, explained, “We want to make sure that no matter
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`who you are and where you are or how advanced the device you are using—Google works for
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`you.”6 To meet this goal, Google developed a content delivery network that it calls the Edge
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`Network.
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`9.
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`One non-limiting example of physical presence in this Judicial District is Google’s
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`Edge Network. Google provides web-based products and services, such as Google Maps, Find My
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`Device, and Google Chrome, to users throughout the world, including in this Judicial District.
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`These products and services are in high demand. Google reports that the Android operating system
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`has more than 2 billion monthly active devices, and Google Maps surpassed 1 billion users as of
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`May 2017.7
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`10.
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`Google’s Edge Network, itself, has three elements: Core Data Centers, Edge Points
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`of Presence, and Edge Nodes.8 The Core Data Centers (there are eight in the United States) are
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`used for computation and backend storage. Edge Points of Presence are the middle tier of the Edge
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`Network and connect the Data Centers to the internet. Edge Nodes are the layer of the network
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`closest to users. Popular content, including Google Maps, Google Messages, mobile apps, and
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`other digital content from the Google Play store, is cached on the Edge Nodes, which Google refers
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`to as Google Global Cache or “GGC.”
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`
`
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`6 https://time.com/4311233/google-ceo-sundar-pichai-letter/
`7 See https://www.theverge.com/2017/5/17/1564333/android-reaches-2-billion-monthly-active-
`users
`8 https://peering.google.com/#/infrastructure
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`4
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`11.
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`Google Global Cache is recognized as one of Google’s most important pieces of
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`infrastructure,”9 and Google uses it to conduct the business of providing access to the world’s
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`information. GGC servers in the Edge Nodes function as local data warehouses, much like a shoe
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`manufacturer might have warehouses around the country. Instead of requiring people to obtain
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`information from distant Core Data Centers, which would introduce delay, Google stores
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`information in the local GGC servers to provide quick access to the data.
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`12.
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`Caching and localization are vital for Google’s optimization of network resources.
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`Because hosting all content everywhere is inefficient, it makes sense to cache popular content and
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`serve it locally. Doing so brings delivery costs down for Google, network operators, and internet
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`service providers. Storing content locally also allows it to be delivered more quickly, which
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`improves user experience. Serving content from the edge of the network closer to the user improves
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`performance and user happiness. To achieve these benefits, Google has placed Edge Nodes
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`throughout the United States, including in this Judicial District. Google describes these Edge
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`Nodes as the workhorses of video delivery.
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`13.
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`Google’s GGC servers are housed in spaces in this Judicial District leased by
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`Google. Google’s GGC servers are housed in spaces leased by Google from Internet Service
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`Providers (ISPs) whose networks have substantial traffic to Google and are interested in saving
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`bandwidth. Hosting Google servers allows ISPs to save both bandwidth and costs, as they do not
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`incur the expense of carrying traffic across their peering and/or transit links.
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`14. When an ISP agrees to host a GGC server, the parties enter into a Global Cache
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`Service Agreement, under which Google provides:
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`
`9 https://www.blog.speedchecker.xyz/2015/11/30/demystifying-google-global-cache/
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`5
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`•
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`•
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`•
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`hardware and software—including GGC servers and software—to be housed in the
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`host’s facilities;
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`technical support; service management of the hardware and software; and
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`content distribution services, including content caching and video streaming.
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`In exchange, the host provides, among other things, a physical building, rack space where Google’s
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`computer hardware is mounted, power, and network interfaces. All ownership rights, title, and
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`intellectual property rights in and to the equipment (i.e., the hardware and software provided by
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`Google) remain with Google and/or its licensors.
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`15. Multiple ISP-hosted GGC servers are in this Judicia District. Google provides the
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`location of its GGC servers, namely, Sherman, Tyler, and Texarkana.
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`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.
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`6
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`16.
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`Suddenlink Communications, for example, is an ISP that hosts six GGC servers in
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`Tyler, Texas.
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`17.
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`CableOne is an ISP that hosts three GGC servers in Sherman, Texas and three GGC
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`servers in Texarkana, Texas.
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`18.
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`19.
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`Google caches content on these GGC servers located in this Judicial District.
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`Google’s GGC servers located in this Judicial District cache content that includes,
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`among other things: (a) maps; (b) messages; and (c) digital content from the Google Play store.
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`20.
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`Google’s GGC servers located in this Judicial District deliver cached content for
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`the items in the preceding paragraph to residents in this Judicial District.
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`21.
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`Google generates revenue (a) by delivering video advertising; (b) from apps; and
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`(c) from digital content in the Google Play store.
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`22.
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`Google treats its GGC servers in this Judicial District the same as it treats all of its
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`other GGC servers in the United States.
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`23.
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`The photographs below show Google’s GGC servers hosted by Suddenlink and the
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`building where they are located at 322 North Glenwood Boulevard, Tyler, Texas 75702.
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`24.
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`Google not only exercises exclusive control over the digital aspects of the GGC,
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`but also exercises exclusive control over the physical server and the physical space within which
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`7
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`the server is located and maintained.
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`25.
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`This Judicial District has previously determined that the GGC server itself and the
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`place of the GGC server, both independently and together, meet the statutory requirement of a
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`“physical place.” See Seven Networks, LLC v. Google LLC, Case No. 2:17-cv-00442-JRG, Dkt.
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`235 at 24 (E.D. Tex. July 19, 2018).
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`26.
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`Likewise, this Judicial District has determined that GGC servers and their several
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`locations within this Judicial District constitute “regular and established place[s] of business”
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`within the meaning of the special patent venue statute. See Seven Networks, LLC v. Google LLC,
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`Case No. 2:17-cv-00442-JRG, Dkt. 235 at 38 (E.D. Tex. July 19, 2018).
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`27.
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`Similarly, this Judicial District has determined that the GGC servers and their
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`locations within the various ISPs within this Judicial District are “places of Google” sufficient to
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`meet the statutory requirement of § 1400(b). See Seven Networks, LLC v. Google LLC, Case No.
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`2:17-cv-00442- JRG, Dkt. 235 at 41 (E.D. Tex. July 19, 2018).
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`Google’s Google Wi-Fi at Starbucks Locations in this Judicial District
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`28.
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`Google provides Wi-Fi infrastructure and Wi-Fi service at Starbucks locations in
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`this Judicial District. Google and Starbucks entered into an agreement in which Google provides
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`its Google Wi-Fi or Google Fiber service at all Starbucks locations in this Judicial District,
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`including at Starbucks stores and at Target stores.10 First-time customers connect and use Google
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`Wi-Fi on their devices in this Judicial District by selecting “Google Starbucks” from their
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`respective device’s list of available wireless networks and entering their respective name, email
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`address, and postal code. Return customers are automatically connected to Google Wi-Fi on their
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`respective devices at any Google Wi-Fi location. Upon connecting to the Google Wi-Fi locations
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`10 https://www.starbucks.com/store-locator?map=32.467135,-95.387478,8z
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`8
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`in this Judicial District, Google provides connected customers with Internet access over Google’s
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`infrastructure and services.
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`
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`Source: https://www.starbucks.com/store-locator?map=32.49512,-
`94.568225,11z&place=marshall%20tx
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`29.
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`Google uses its Google Wi-Fi infrastructure and Google Wi-Fi services at
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`Starbucks locations in this Judicial District to provide customers with telecommunications services
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`through its own phone carrier network, Google Fi. Google Fi is owned and operated by Google.
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`In order to use Google Fi phone service in this Judicial District, Google provides its customers
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`with special SIM cards and software to connect to and automatically switch between four sources
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`of network infrastructure and services: T-Mobile, Sprint, US Cellular, and public Wi-Fi networks.
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`As described below, Google has entered into agreements with T-Mobile, Sprint, and US Cellular
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`to lease the carriers’ infrastructure and services to provide Google Fi customers with voice and
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`data services. As a fourth source, Google Fi uses public Wi-Fi networks, including the Google Wi-
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`Fi at Starbucks locations in this Judicial District, to provide its phone carrier service. The Google
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`Wi-Fi at Starbucks locations in this Judicial District are fixed geographical locations. They are
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`“regular” and “established” because they operate in a “steady, uniform, orderly, and methodical
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`9
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`manner” and are sufficiently permanent. They are “of the defendant” because Google has
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`contractual and/or property rights to use the Google Wi-Fi locations to operate its businesses,
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`including the Google Fi phone carrier business.
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`30.
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`Google determines whether a Google Fi customer in this Judicial District uses a
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`certain Wi-Fi network, including the Google Wi-Fi networks at Starbucks locations, using the
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`Google-provided SIM card and software on the customer’s phone.
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`Google’s “Google Fi”
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`31.
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`As described above, Google owns, operates, and provides telecommunications
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`infrastructure and service in this Judicial District through its own phone carrier network, Google
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`Fi. Google provides cellular and Wi-Fi infrastructure and services for phone, messaging, and data
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`services in this Judicial District. Google provides its customers voice and high-speed data coverage
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`(4G LTE) for cities such as Tyler, Longview, and Marshall, Texas.
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`
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`Source: https://fi.google.com/coverage?q=marshall%20tx
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`10
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`32.
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`The cell towers used for Google’s services are fixed geographical locations. They
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`are “regular” and “established” because they operate in a “steady, uniform, orderly, and methodical
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`manner” and are sufficiently permanent. They are “of the defendant” because Google has
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`contractual and/or property rights to use the cell towers to operate its business. Google also ratifies
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`the service locations through its coverage lookup service.
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`
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`Source: https://fi.google.com/about/coverage
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`33. With this coverage lookup service, Google advertises its ability to provide cell
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`coverage in this Judicial District and its selected cell towers in and near this Judicial District to
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`provide the advertised coverage (e.g., 2G, 3G, or 4G LTE) depending on the location in the Judicial
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`District. See https://fi.google.com/about/coverage/. Google is not indifferent to the location of its
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`cell towers. It “established” and “ratified” them where they are for a specific business purpose.
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`34.
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`Residents of this Judicial District also directly contract with and are billed by
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`Google for these services.
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`11
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`
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`Source: https://fi.google.com/about/plan
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`Google Cloud Interconnect (GCI) and Direct Peering
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`35.
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`Google additionally services its customers in this Judicial District (and other
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`districts) through yet other facilities it has in this Judicial District. More specifically, Google’s
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`equipment is located in this Judicial District in Denton County, Texas at two facilities referred to
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`as “Megaport.” At the Megaport facilities in this Judicial District, Google offers two services:
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`Google Cloud Interconnect (GCI) and Direct Peering.
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`36.
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`Google’s Cloud Interconnect (GCI) is a service from Google that allows customers
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`to connect to Google’s Cloud Platform directly, as opposed to, for example, over the public
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`network.
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`12
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`280
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`Source: https://cloud.google.com/interconnect/docs/concepts/partner-overview
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`37.
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`Google’s Direct Peering services allow its customers to exchange Internet traffic
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`between its customers’ networks and Google’s at one of its broad-reaching Edge network
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`locations, such as the one at Megaport.
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`
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`13
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`281
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`Source: https://cloud.google.com/interconnect/docs/how-to/direct-peering
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`38.
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`In establishing such a direct connection, Google provides the necessary physical
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`equipment at Megaport to enable GCI or Direct Peering connections. At least the Megaport facility
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`shown below is located in this Judicial District and is advertised by Google as a GCI facility.
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`14
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`Source: https://cloud.google.com/network-connectivity/docs/interconnect/concepts/service-
`providers#north-america
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`39.
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`Clicking on the Megaport link from the screenshot of Google’s website in the
`
`preceding paragraph directs a customer to the details for directly connecting to Google’s
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`equipment at the facility in this Judicial District to connect to Google’s GCI service.
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`
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`15
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`Source: https://www.megaport.com/services/google-cloud-partner-interconnect/
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`40. More particularly, the Google-linked Megaport site explains how a Google
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`customer can use the Google Cloud Platform console to enable connection to the Google
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`equipment at the Megaport facility in this Judicial District.
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`16
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`Source: Source: https://docs.megaport.com/cloud/megaport/google/
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`
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`41.
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`Both Google’s website and Megaport’s website advertise the peering service and
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`point a consumer to the website, www.peeringdb.com, for details. The peering DB website lists
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`Megaport Dallas as a Google peering facility.
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`17
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`285
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`Source: https://cloud.google.com/interconnect/docs/how-to/direct-peering
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`
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`Source: https://knowledgebase.megaport.com/cloud-connectivity/google-cloud-platform-direct-
`peering/
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`18
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`Source: https://www.peeringdb.com/net/433
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`
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`42. Megaport’s website also confirms, in its “Looking Glass” tool, the presence of
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`Google at its facility—(AS No. 15169).
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`
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`
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`Source: https://lg.megaport.com/
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`19
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`43.
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`Both of Megaport’s “Dallas” locations are in the Eastern District of Texas in
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`Denton County.11 The larger Megaport facility, the Carrollton facility, is located at 1649 West
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`Frankford Road and is the largest of its kind in the State of Texas.12 The smaller Megaport facility,
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`the Lewisville facility, is located at 2501 S. State Highway 121.13
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`44.
`
`The Google equipment at Megaport’s facilities which provides the GCI and Direct
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`Peering services for Google customers are fixed geographical locations. They are “regular” and
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`“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 ratifies the equipment
`
`through advertising of the Megaport locations as authorized to provide these Google services.
`
`Other Google Presence in this Judicial District
`
`45.
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`In addition to the Google presence described above, Google has other pervasive
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`contracts in this Judicial District.
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`46.
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`Google has multiple authorized repair centers in the Eastern District of Texas. A
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`resident can visit Google’s website to find a list of these repair centers:
`
`
`
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`11 https://www.megaport.com/megaport-enabled-locations/?locationId=102
`12 Id.
`13 Id.
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`20
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`288
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`Source: https://support.google.com/store/answer/7182296?hl=en
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`
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`47.
`
`Google’s only authorized walk-in repair center, uBreakiFix by Asurion, lists at least
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`four facilities in this Judicial District:
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`
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`21
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`Source: https://www.ubreakifix.com/google-repair/google-pixel-repair
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`
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`Source: https://www.asurion.com/repairs/tech/locations/tyler/
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`
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`48.
`
`Google and uBreakiFix teamed up to offer free repairs to those impacted by
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`Hurricane Florence.
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`49.
`
`uBreakiFix has fixed geographical locations. They are “regular” and “established”
`
`because they operate in a “steady, uniform, orderly, and methodical manner” and are sufficiently
`
`permanent. These stores are “of the defendant” because Google has contractual rights with
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`uBreakiFix—the only authorized walk-in repair centers in the United States. Google also ratifies
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`these facilities through its advertising of them through its website.
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`50.
`
`Google also has branded, mail-in repair service that is contracted with a company
`
`called KMT Wireless, LLC, d/b/a Cynergy Hitech. Cynergy Hitech receives phones at its facility
`
`in Grapevine, Texas.
`
`
`
`Source: https://support.google.com/store/answer/7182296?hl=en
`
`
`
`51.
`
`Google has operated and is currently operating its Google Maps Street View
`
`business and services in this Judicial District. For example, the image below shows the Google
`
`Maps Street View of the Eastern District of Texas courthouse in Marshall.
`
`23
`
`

`

`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 24 of 128 PageID #:
`291
`
`
`
`Source: https://www.google.com/maps/@32.5447184,-
`94.3668888,3a,75y,211.78h,88.91t/data=!3m6!1e1!3m4!1s1iGIaeAXPTpQQ3PT48kX1Q!2e0!7i
`16384!8i8192?entry=ttu
`
`Furthermore, in the lower right-hand corner of the Google Street View above, the image is
`
`credited to Google and states that it was captured in December 2018.
`
`
`
`
`
`52.
`
`Google also operates a Street View car in and around this Judicial District in order
`
`to provide the Google Maps Street View service.14
`
`53.
`
`In addition to the above Google Street View image, Google operates and continues
`
`to operate a fleet of Google Street View vehicles in this Judicial District, including in the counties
`
`of Houston, Trinity, Polk, Angelina, Anderson, VanZandt, Denton, and Collin, as shown below.
`
`
`14 See https://www.google.com/streetview/explore/
`
`24
`
`

`

`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 25 of 128 PageID #:
`292
`
`Source: https://www.google.com/streetview/explore/
`
`
`
`54.
`
`Google provides its Google Express business and services to the residents of this
`
`Judicial District by advertising and inviting the residents of this Judicial District, then Defendant
`
`arranges for a delivery company to bring the goods and products purchased through the Google
`
`Express website to the residents of this Judicial District.15 This service uses fixed geographical
`
`stores in this Judicial District. 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 ratifies the stores (and selects products of the stores) through its
`
`website. Only information provided by Google through its service can be purchased, although the
`
`store may have other items for sale.
`
`55.
`
`Google previously leased office space in this Judicial District for about 50 people
`
`through its Frisco, Texas office.
`
`56.
`
`Google also provides services to businesses and schools in this Judicial District,
`
`including email services, word processing software, electronic file storage services, and video
`
`conferencing services. Google brands such services as “G Suite” services. Non-limiting examples
`
`of such businesses and schools include the Frisco Independent School District, as shown below.16
`
`
`15 See https://support.google.com/express/answer/4561693?hl=en
`16 http://schools.friscoisd.org/hs/lebanontrail/site/resources/google-apps-information
`
`25
`
`

`

`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 26 of 128 PageID #:
`293
`
`
`
`Source: https://www.friscoisd.org/departments/technology-and-media-services/technology-tools-
`support#q5
`
`Google also provides advertising services to businesses in this Judicial District,
`
`57.
`
`
`
`including soliciting reviews of patrons that have visited a business in the Eastern District of Texas,
`
`as shown below.
`
`26
`
`

`

`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 27 of 128 PageID #:
`294
`
`
`
`
`
`Source: Product Testing at https://www.google.com/maps
`
`58.
`
`Google also monitors traffic conditions in this Judicial District. For example, traffic
`
`conditions between a McDonalds and the Federal Courthouse in Marshall, as shown below.
`
`Source: Product Testing at https://www.google.com/maps
`
`
`
`59.
`
`Separate and apart from its Google Fi mobile service, Google also provides
`
`telephone services to residents in this Judicial District through a product it calls Google Voice.17
`
`
`17 https://voice.google.com/u/0/signup
`
`27
`
`

`

`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 28 of 128 PageID #:
`295
`
`Source: https://voice.google.com/u/0/signup
`
`
`
`60.
`
`Google provides Software-as-a-Service applications, including email and server
`
`space, to Texas public universities. Non-limiting examples of such universities are Texas A&M
`
`University (which has facilities in this Judicial District) and Texas A&M Commerce (located in
`
`this Judicial District), as shown below.
`
`Source: http://google.tamu.edu/
`
`
`
`
`
`28
`
`

`

`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 29 of 128 PageID #:
`296
`
`
`
`Source: http://mailman.tamuc.edu/pipermail/students/2012-May/004325.html
`
`Other Google Presence in the State
`
`61.
`
`Google also has a pervasive connection to the State of Texas through multiple
`
`commercial activities.
`
`62.
`
`Google has purchased land in Midlothian, Texas where it is currently constructing
`
`a $600 million data center.18
`
`63.
`
`Since 2007, Google has employed “hundreds” of employees in Texas, including in
`
`Austin, Texas.19
`
`64.
`
`Google has at least one current office located in Austin, on North MoPac
`
`Expressway,20 and additional office locations at University Park and Austin Children’s Museum.21
`
`
`18 See https://www.dallasnews.com/business/real-estate/2019/06/14/google-s-massive-600m-
`data-center-takes-shape-in-ellis-county-as-tech-giant-ups-texas-presence/
`19 According to Gerardo Interiano, Google’s public affairs and government relations manager, in
`a statement. See http://www.statesman.com/business/google-lease-200-000-square-feet-
`newdowntown-austin-tower/SANZSa3du8QQ4k8ytOC2rJ/
`20 See https://www.google.com/intl/en/about/locations/?region=north-america
`21 See http://www.statesman.com/business/google-lease-200-000-square-feet-new-
`downtownaustin-tower/SANZSa3du8QQ4k8ytOC2rJ/
`
`29
`
`

`

`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 30 of 128 PageID #:
`297
`
`65.
`
`Google has leased over 200,000 square feet of office space in Austin, Texas at 500
`
`West 2nd Street.22
`
`66.
`
`Google has, as of May 2024, job postings for Austin, Texas, Red Oak, Texas,
`
`Addison, Texas, Dallas, Texas, Houston, Texas, Midlothian, Texas, and Austonio, Texas (129
`
`postings) including positions such as:
`
`• Power Monitoring Execution Engineer, Google Data Center (Midlothian, TX)
`
`• Network Implementation Engineer, Global Network Delivery (Addison, TX)
`
`• Senior Finance Manager, Data Center Equipment (Austin, TX)
`
`• Data Center Operations Facility Technician, Generators (Red Oak, TX)
`
`• Field Solutions Developer II, Generative AI, Google Cloud (Houston, TX)
`
`• Chrome Enterprise Premium Specialist (Austonio, TX)
`
`67.
`
`Upon information and belief, Defendant has at least eleven (11) entities registered
`
`in Texas, including:
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`GOOGLE LLC
`
`GOOGLE ACQUISITION HOLDING, INC.
`
`GOOGLE COMPARE AUTO INSURANCE SERVICES INC.
`
`GOOGLE COMPARE CREDIT CARDS INC.
`
`GOOGLE COMPARE MORTGAGES INC.
`
`GOOGLE FIBER INC.
`
`GOOGLE FIBER NORTH AMERICA INC.
`
`GOOGLE FIBER TEXAS, LLC
`
`
`22 See http://www.statesman.com/business/google-lease-200-000-square-feet-new-
`downtownaustin-tower/SANZSa3du8QQ4k8ytOC2rJ/
`
`30
`
`

`

`Case 2:24-cv-00353-JRG Document 23 Filed 08/02/24 Page 31 of 128 PageID #:
`298
`
`•
`
`•
`
`•
`
`GOOGLE INC.
`
`GOOGLE NORTH AMERICA INC.
`
`GOOGLE PAYMENT CORP.
`
`68.
`
`Google has provided, currently provides, and is currently offering to provide its
`
`Google Fiber services to the residents of Austin, Texas and San Antonio, Texas.23
`
`69.
`
`Google has invested $200,000,000 in the Spinning Spur Wind Farm Project in
`
`Oldham County, Texas.24
`
`70.
`
`Google acquired Waze in 2013,25 and Google’s Waze traffic app partners with
`
`cities and businesses in Texas, non-limiting examples of which include the Waze partnership with
`
`the City of Fort Worth to provide constant traffic data to the city.26 Another non-limiting