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Google Global Cache Server Housed in Local ISP Qualifies as Regular and Established Place of Business

The court denied Google’s renewed motion to dismiss for improper venue because it had a regular and established place of business in the district through its Google Global Cache servers housed by third-party ISPs. “⁠[W]hile a virtual space or electronic communications alone are insufficient to denote a ‘place’ within the meaning of the statute, they may, with more, be indicative of the requirement having been met. . . . Here . . . there is more than ‘merely’ ‘a virtual space or [] electronic communications from one person to another.’ The ‘place’ is specifically localized: a physical server occupying a physical space. Not only does Google exercise exclusive control . . . over the digital aspects of the GGC, Google exercises exclusive control over the physical server and the physical space within which the server is located and maintained. . . . [Defendant’s] ownership of the server and its contents is absolute, as is [its] control over the server’s location once it is installed. . . . The statute does not require ‘substantial’ business or ‘large’ impact from the business being done at the place of business — in order to lay proper venue in a judicial district, the statute simply requires that a regular and established place of business be present.”

SEVEN Networks, LLC v. Google LLC, 2-17-cv-00442 (TXED July 19, 2018, Order) (Gilstrap, USDJ)

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The article was originally posted on Docket Report.
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