Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 1 of 70 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT
`LLC,
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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`Case No.
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`original Complaint against Defendant Google LLC (“Defendant” or “Google”) for patent
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`infringement under 35 U.S.C. § 271 and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff AGIS Software is a limited liability company organized and existing
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`under the laws of the State of Texas, and maintains its principal place of business at 100 W.
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`Houston Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and
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`interest in and to U.S. Patent Nos. 8,213,970, 9,408,055, 9,445,251, 9,467,838, 9,749,829, and
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`9,820,123 (the “Patents-in-Suit”).
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`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, DE 19808. Upon information and belief, Google does business in Texas, directly
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`or through intermediaries, and offers its products and/or services, including those accused herein
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`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 2 of 70 PageID #: 2
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`of infringement, to customers and potential customers located in Texas, including in the judicial
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`Eastern District of Texas.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action
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`pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.
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`4.
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`This Court has personal jurisdiction over Google in this action because Google
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`has committed acts within the Eastern District of Texas giving rise to this action and has
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`established minimum contacts with this forum such that the exercise of jurisdiction over Google
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`would not offend traditional notions of fair play and substantial justice. Google conducts
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`business and has committed acts of patent infringement and/or has induced acts of patent
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`infringement by others in this Judicial District and/or has contributed to patent infringement by
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`others in this Judicial District, the State of Texas, and elsewhere in the United States by, among
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`other things, offering to sell and selling products and/or services that infringe the Patents-in-Suit.
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`5.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and
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`1400(b). Google is registered to do business in Texas and, upon information and belief, Google
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`has transacted business in the Eastern District of Texas and has committed acts of direct and
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`indirect infringement in the Eastern District of Texas. Google has regular and established places
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`of business in this Judicial District as set forth below and is deemed to reside in this Judicial
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`District.
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`6.
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`Google is a multi-national technology company that collects, stores, organizes,
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`and distributes data. In addition to its service model for distribution of data (e.g., movies, search
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`results, maps, music, etc.), Google has an expansive regime that gathers data on residents of this
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`2
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`District through the hardware devices it sells (e.g., phones, tablets, and home audio devices) and,
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`also, through the operating systems and apps it provides. As an example, Google gathers data
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`when a resident runs its operating systems and apps (e.g. location services).1 As another
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`example, Google gathers data when a resident interacts with Google’s plethora of services such
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`as search, email, music, and movie streaming. See https://safety.google/privacy/data/ (indicating
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`that Google gathers data from “things you search for,” “Videos you watch,” “Ads you view or
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`click,” “Your location,” “Websites you visit,” and “Apps, browsers, and devices you use to
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`access Google services”). As yet another example, Google gathers data “where you’ve been,”
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`“everything you’ve ever searched—and deleted,” “all the apps you use,” “all of your YouTube
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`history,” “which events you attended, and when,” “information you deleted [on your computer],”
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`“your workout routine,” “years’ worth of photos,” and “every email you ever sent.”2
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`7.
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`In addition to extensive data gathering of information on residents of this District,
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`Google has a substantial presence in this District directly through the products and services
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`Google provides residents of this District (some of which also gather data).3
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`8.
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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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`1 See e.g., “AP Exclusive: Google tracks your movements, like it or not,”
`https://apnews.com/828aefab64d4411bac257a07c1af0ecb/AP-Exclusive:-Google-tracks-your-
`movements,-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.
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`3
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`information and make it universally accessible and useful.”5 Making information available to
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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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`9.
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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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`10.
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`One non-limiting example of physical presence in this District is Google’s Edge
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`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 District. These
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`products and services are in high demand. Google reports that the Android operating system has
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`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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`11.
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`Google’s Edge Network, itself, has three elements: Core Data Centers, Edge
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`Points of Presence, and Edge Nodes.8 The Core Data Centers (there are eight in the United
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`States) are used for computation and backend storage. Edge Points of Presence are the middle
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`tier of the Edge Network and connect the Data Centers to the internet. Edge Nodes are the layer
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`of the network closest to users. Popular content, including Google Maps, Google Messages,
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`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.
`6 https://time.com/4311233/google-ceo-sundar-pichai-letter/.
`7 See https://www.theverge.com/2017/5/17/15654454/android-reaches-2-billion-monthly-active-
`users.
`8 https://peering.google.com/#/infrastructure.
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`mobile apps, and other digital content from the Google Play store, is cached on the Edge Nodes,
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`which Google refers to as Google Global Cache or “GGC.”
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`12.
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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
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`shoe manufacturer might have warehouses around the country. Instead of requiring people to
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`obtain 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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`13.
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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
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`and serve it locally. Doing so brings delivery costs down for Google, network operators, and
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`internet service providers. Storing content locally also allows it to be delivered more quickly,
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`which improves user experience. Serving content from the edge of the network closer to the user
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`improves performance and user happiness. To achieve these benefits, Google has placed Edge
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`Nodes throughout the United States, including in this District. Google describes these Edge
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`Nodes as the workhorses of video delivery.
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`14.
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`Google’s GGC servers are housed in spaces in this District leased by Google.
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`Google’s GGC servers are housed in spaces leased by Google from Internet Service Providers
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`(ISPs) whose networks have substantial traffic to Google and are interested in saving bandwidth.
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`Hosting Google servers allows ISPs to save both bandwidth and costs, as they do not incur the
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`expense of carrying traffic across their peering and/or transit links.
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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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`15. 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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` hardware and software—including GGC servers and software—to be housed in the
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`host’s facilities;
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`
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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
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`Google’s computer hardware is mounted, power, and network interfaces. All ownership rights,
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`title, and intellectual property rights in and to the equipment (i.e., the hardware and software
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`provided by Google) remain with Google and/or its licensors.
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`16. Multiple ISP-hosted GGC servers are in this District. Google provides the
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`location of its GGC servers, namely, Sherman, Tyler, and Texarkana.
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`6
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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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`17.
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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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`18.
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`CableOne is an ISP that hosts three GGC servers in Sherman, Texas, and three
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`GGC servers in Texarkana, Texas.
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`19.
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`20.
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`Google caches content on these GGC servers located in this District.
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`Google’s GGC servers located in this District cache content that includes, among
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`other things: (a) maps; (b) messages; and (c) digital content from the Google Play store.
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`21.
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`Google’s GGC servers located in this District deliver cached content for the items
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`in the preceding paragraph to residents in this District.
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`7
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`22.
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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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`23.
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`Google treats its GGC servers in this District the same as it treats all of its other
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`GGC servers in the United States.
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`24.
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`The photographs below show Google’s GGC servers hosted by Suddenlink and
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`the building where they are located at 322 North Glenwood Boulevard, Tyler, Texas 75702.
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`25.
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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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`the server is located and maintained.
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`26.
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`This District has previously determined that the GGC server itself and the place of
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`the GGC server, both independently and together, meet the statutory requirement of a “physical
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`place.” See Seven Networks, LLC v. Google LLC, Case No. 2:17-cv-00442-JRG, Dkt. 235 at 24
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`(E.D. Tex. July 19, 2018).
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`27.
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`Likewise, this District has determined that GGC servers and their several
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`locations within this District constitute “regular and established place[s] of business” within the
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`8
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`meaning of the special patent venue statute. See Seven Networks, LLC v. Google LLC, Case No.
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`2:17-cv-00442-JRG, Dkt. 235 at 38 (E.D. Tex. July 19, 2018).
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`28.
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`Similarly, this District has determined that the GGC servers and their locations
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`within the various ISPs within this District are “places of Google” sufficient to meet the statutory
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`requirement of § 1400(b). See Seven Networks, LLC v. Google LLC, Case No. 2:17-cv-00442-
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`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 District
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`29.
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`Google provides Wi-Fi infrastructure and Wi-Fi service at Starbucks locations in
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`this District.10 Google and Starbucks entered into an agreement in which Google provides its
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`Google Wi-Fi or Google Fiber service at all Starbucks locations in this District, including at
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`Starbucks stores and at Target stores.11 First-time customers connect and use Google Wi-Fi on
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`their devices in this District by selecting “Google Starbucks” from their respective device’s list
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`of available wireless networks and entering their respective name, email address, and postal
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`code. Return customers are automatically connected to Google Wi-Fi on their respective devices
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`at any Google Wi-Fi location. Upon connecting to the Google Wi-Fi locations in this District,
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`Google provides connected customers with Internet access over Google’s infrastructure and
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`services.
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`10 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;
`11 https://www.starbucks.com/store-locator?map=32.467135,-95.387478,8z
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`9
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`Source: https://www.starbucks.com/store-locator/store/15590/mc-cann-loop-281-407-w-loop-
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`281-longview-tx-756054449-us.
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`30.
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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 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 District, Google provides its customers with
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`special SIM cards and software to connect to and automatically switch between four sources of
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`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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`10
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`data services. As a fourth source, Google Fi uses public Wi-Fi networks, including the Google
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`Wi-Fi at Starbucks locations in this District, to provide its phone carrier service. The Google
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`Wi-Fi at Starbucks locations in this District are fixed geographical locations. They are “regular”
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`and “established” because they operate in a “steady, uniform, orderly, and methodical manner”
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`and are sufficiently permanent. They are “of the defendant” because Google has contractual
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`and/or property rights to use the Google Wi-Fi locations to operate its businesses, including the
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`Google Fi phone carrier business.
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`31.
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`Google determines whether a Google Fi customer in this District uses a certain
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`Wi-Fi network, including the Google Wi-Fi networks at Starbucks locations, using the Google-
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`provided SIM card and software on the customer’s phone.
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`Source: https://fi.google.com/about/coverage/
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`11
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`Google’s “Google Fi”
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`32.
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`As described above, Google owns, operates, and provides telecommunications
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`infrastructure and service in this District through its own phone carrier network, Google Fi.
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`Google provides cellular and Wi-Fi infrastructure and services for phone, messaging, and data
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`services in this District. Google provides its customers voice and high-speed data coverage (4G
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`LTE) for cities such as Tyler, Longview, and Marshall, Texas.
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`Source: https://fi.google.com/coverage?q=Marshall%2C$20TX$2C%20USA
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`33.
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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
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`methodical manner” and are sufficiently permanent. They are “of the defendant” because
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`Google has contractual and/or property rights to use the cell towers to operate its business.
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`Google also ratifies the service locations through its coverage lookup service.
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`12
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`Source: https://fi.google.com/about/coverage/
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`34. With this coverage lookup service, Google advertises its ability to provide cell
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`coverage in this District and its selected cell towers in and near this District to provide the
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`advertised coverage (e.g., 2G, 3G, or 4G LTE) depending on the location in the District. See
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`https://fi.google.com/about/coverage/. Google is not indifferent to the location of its cell towers.
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`It “established” and “ratified” them where they are for a specific business purpose.
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`35.
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`Residents of this District also directly contract with and are billed by Google for
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`these services.
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`13
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`Source: https://fi.google.com/about/plan/
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`36.
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`Google also determines which cell tower a particular Google Fi customer will use
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`while within this District.
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`Source: https://fi.google.com/about/faq/#coverage-3
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`Google Cloud Interconnect (GCI) and Direct Peering
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`37.
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`Google additionally services its customers in this District (and other districts)
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`through yet other facilities it has in this District. More specifically, Google’s equipment is
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`located in this District in Denton County, Texas at two facilities referred to as “Megaport.” At
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`the MegaPort facilities in this District, Google offers two services: Google Cloud Interconnect
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`(GCI) and Direct Peering.
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`38.
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`Google’s Cloud Interconnect (GCI) is a service from Google that allows
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`customers to connect to Google’s Cloud Platform directly, as opposed to, for example, over the
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`public network.
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`14
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`Source: https://cloud.google.com/interconnect/docs/concepts/partner-overview
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`15
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`39.
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`Google’s Direct Peering services allows 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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`Source: https://cloud.google.com/interconnect/docs/how-to/direct-peering
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`40.
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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. Google advertises only
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`two GCI facilities in Texas—the Equinix facility and the Megaport facility (the latter one is
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`located in this District).
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`16
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`Source: https://www.cloud.google.com/interconnect/docs/concepts/service-providers#by-
`location
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`41.
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`Clicking on the Megaport link from the screenshot of Google’s website in the
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`preceding paragraph directs a customer to the details of directly connecting to Google’s
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`equipment at the facility in this District to connect to Google’s GCI service.
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`Source: https://www.megaport.com/services/google-cloud-partner-interconnect/
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`42. 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 District.
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`17
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`Source: https://knowledgebase.megaport.com/cloud-connectivity/google-cloud/
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`43.
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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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`Source: https://cloud.google.com/interconnect/docs/how-to/direct-peering
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`18
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`Source: https://knowledgebase.megaport.com/cloud-connectivity/google-cloud-platform-direct-
`peering/
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`Source: https://www.peeringdb.com/net/433
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`44. 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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`Source: https://lg.megaport.com/
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`45.
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`Both of Megaport’s “Dallas” locations are in the Eastern District of Texas in
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`Denton County.12 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.13 The smaller Megaport
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`facility, the Lewisville facility, is located at 2501 S. State Highway 121.14
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`46.
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`The Google equipment at Megaport’s facilities which provides the GCI and
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`Direct Peering services for Google customers 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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`manner” and are sufficiently permanent. They are “of the defendant” because Google holds
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`contractual and/or property rights to use this space and to maintain this equipment. Google also
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`12 https://www.megaport.com/blog/cyrusone-brings-dallas-closer-cloud/.
`13 Id.
`14 Id.
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`20
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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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`Other Google Presence in this District
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`47.
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`In addition to the Google presence described above, Google has other pervasive
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`contracts in this District.
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`48.
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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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`21
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`Source: https://support.google.com/store/answer/7182296?hl=en
`
`49.
`
`Google’s only authorized walk-in repair center, uBreakiFix, lists at least four
`
`facilities in this District:
`
`Source: https://www.ubreakifix.com/google
`
`
`
`22
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 23 of 70 PageID #: 23
`
`
`
`
`
`Source: https://www.ubreakifix.com/google
`
`50.
`
`Google and uBreakiFix teamed up to offer free repairs to those impacted by
`
`Hurricane Florence.15
`
`51.
`
`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 uBreakiFix—the only authorized walk-in repair centers in the United States. Google
`
`also ratifies these facilities through its advertising of them through its website.
`
`52.
`
`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.
`
`
`15 See https://www.ubreakifix.com/blog/hurricane-florence
`
`23
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 24 of 70 PageID #: 24
`
`
`
`Source: https://support.google.com/store/answer/7182296?hl=en
`
`53.
`
`Google has operated and is currently operating its Google Maps Street View
`
`business and services in this District. For example, the image below shows the Google Maps
`
`Street View of the Eastern District of Texas courthouse in Marshall.
`
`
`
`24
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 25 of 70 PageID #: 25
`
`
`
`Source: https://www.google.com/maps/@32.5447301,-
`94.3670612,3a,75y,170.09h,88.95t/data=!3m6!1e1!3m4!1smECZXlUFylR2yu5E-
`6wj2g!2e0!7i13312!8i6656
`
`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.
`
`
`
`54.
`
`Google also operates a Street View car in and around this District in order to
`
`provide the Google Maps Street View service.16
`
`55.
`
`In addition to the above Google Street View image, Google operates and
`
`continues to operate a fleet of Google Street View vehicles in this District, including in the
`
`
`
`
`16 See https://www.google.com/streetview/explore/.
`
`25
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 26 of 70 PageID #: 26
`
`
`
`counties of Houston, Trinity, Polk, Angelina, Anderson, VanZandt, Denton, and Collin, as
`
`shown below.
`
`Source: https://www.google.com/streetview/explore/
`
`56.
`
`Google also has operated and currently operates its Google Express business and
`
`services in this District. Google Express allows residents of this District to shop—directly from
`
`Google’s websites—for select products with companies that Google has contracted with.
`
`
`
`26
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 27 of 70 PageID #: 27
`
`
`
`Source: https://express.google.com/u/0/about
`
`To verify which stores a user may shop, a resident enters his or her zip code and begins shopping
`
`at the Google contracted stores. The image below shows the Google Express website showing
`
`that its business and services are available in this District.
`
`
`
`Sources: https://www.google.com/express/
`
`57.
`
`Google provides its Google Express business and services to the residents of this
`
`District by advertising and inviting the residents of this District, then Defendant arranges for a
`
`
`
`27
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 28 of 70 PageID #: 28
`
`
`
`delivery company to bring the goods and products purchased through the Google Express
`
`website to the residents of this District.17 This service uses fixed geographical stores in this
`
`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.
`
`58.
`
`Google previously leased office space in this District for about 50 people through
`
`its Frisco, Texas office.
`
`59.
`
`Google also provides services to businesses and schools in this 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.18
`
`
`17 See https://support.google.com/express/answer/4561693?hl=en.
`18 http://schools.friscoisd.org/hs/lebanontrail/site/resources/google-apps-information.
`
`28
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 29 of 70 PageID #: 29
`
`
`
`Source: http://schools.friscoisd.org/hs/lebanontrail/site/resources/google-apps-information
`
`60.
`
`Google also provides advertising services to businesses in this District, including
`
`soliciting reviews of patrons that have visited a business in the Eastern District of Texas, as
`
`
`
`shown below.
`
`Source: Product Testing at https://www.google.com/maps
`
`29
`
`
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 30 of 70 PageID #: 30
`
`
`
`61.
`
`Google also monitors traffic conditions in this 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
`
`62.
`
`Separate and apart from its Google Fi mobile service, Google also provides
`
`telephone services to residents in this District through a product it calls Google Voice.19
`
`
`
`
`19 https://voice.google.com/u/0/signup.
`
`30
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 31 of 70 PageID #: 31
`
`
`
`Source: https://voice.google.com/u/0/signup
`
`63.
`
`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 District) and Texas A&M Commerce (located in this
`
`
`
`District), as show below.
`
`31
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 32 of 70 PageID #: 32
`
`
`
`Source: http://google.tamu.edu/
`
`
`
`
`
`Source: http://mailman.tamuc.edu/pipermail/students/2012-May/004325.html
`
`Other Google Presence in the State
`
`64.
`
`Google also has a pervasive connection to the State of Texas through multiple
`
`commercial activities.
`
`32
`
`

`

`Case 2:19-cv-00361-JRG Document 1 Filed 11/04/19 Page 33 of 70 PageID #: 33
`
`
`
`65.
`
`Google has purchased land in Midlothian, Texas where it is currently constructing
`
`a $600 million data center.20
`
`66.
`
`Since 2007, Google has employed “hundreds” of employees in Texas, including
`
`in Austin, Texas.21
`
`67.
`
`Google has at least one current office located in Austin, on North MoPac
`
`Expressway,22 and additional office locations at University Park and Austin Children’s
`
`Museum.23
`
`68.
`
`Google has leased over 200,000 square feet of office space in Austin, Texas at
`
`500 West 2nd Street.24
`
`69.
`
`Google has, as of August 2019, job postings for Addison, Texas; Dallas, Texas;
`
`Midlothian, Texas; and Austin, Texas (89 postings) including positions such as:
`
` Key Account Director/Executive, Google Cloud (Austin, Texas);
`
` B4 WAN Engineer (Addison, Texas);
`
` Site Manager, Hardware Operations (Midlothian, Texas); and
`
` Technical Writer (Dallas, Texas).
`
`70.
`
`Upon information and belief, Defendant has at least eleven (11) entities registered
`
`in Texas, including:
`
` GOOGLE LLC
`
`
`20 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/.
`21 Accord