Neural AI, LLC v. Google, Inc. — Entry #7: Memorandum in Opposition to Motion, filed by Google, Inc., re 1 MOTION to Compel Compliance with Subpoena Served on Third-Party Google, LLC filed by Petitioner…

Case 7:26-mc-00324-LS        Document 7-1    Filed 08/25/26     Page 1 of 5


                        IN THE UNITED STATES DISTRICT COURT
                         FOR THE WESTERN DISTRICT OF TEXAS
                              MIDLAND/ODESSA DIVISION

NEURAL AI, LLC,                          )
                                         )
          Petitioner,                    )
                                         )
     v.                                  )       MISC. CASE NO.: 7:26-mc-00324-LS
                                         )
GOOGLE, LLC,                             )       Underlying Case: Texas Western District
                                         )       Court, Civil Action No. 7:24-cv-00221-
          Respondent.                    )       ADA-DTG
                                         )


    DECLARATION OF JORDAN R. JAFFE IN SUPPORT OF RESPONDENT’S
    MEMORANDUM IN RESPONSE TO PETITIONER’S MOTION TO COMPEL
   COMPLIANCE WITH SUBPOENAS SERVED ON NON-PARTY GOOGLE LLC


       Case 7:26-mc-00324-LS           Document 7-1        Filed 08/25/26     Page 2 of 5


       I, Jordan R. Jaffe, declare on personal knowledge as follows:

       1.      I am an attorney at Wilson Sonsini Goodrich & Rosati, P.C., counsel for Google

LLC (“Google”) in this matter. This declaration is based on personal knowledge and if called, I

could and would testify competently to the facts herein.

       2.      Since Neural AI, LLC (“Neural”) issued its third-party subpoena to Google, I

have been involved in each meet-and-confer between the parties.

       3.      Attached as Exhibit A is a true and correct copy of the parties’ email

communications related to the subpoenas.

       4.      Attached as Exhibit B are excerpts from Form 10-K filed by Alphabet Inc. with

the U.S. Securities and Exchange Commission (“SEC”).1

       5.      According to Ex. B, Alphabet Inc. had 190,820 employees as of December 31,

2025. Ex. B at 13. Google is Alphabet’s largest business, id. at 50, and includes business

segments that include Google Services and Google Cloud, id. at 7. “Google Services’ core

products and platforms include ads, Android, Chrome, devices, Gmail, Google Drive, Google

Gemini, Google Maps, Google Photos, Google Play, Search, and YouTube.” Id. at 7–8.

       6.      According to Ex. B, “[a]t the foundation of [Google’s]w full-stack approach is our

AI-optimized infrastructure—a key differentiator enabling us to power our own products, such as

Search and YouTube, and support the services we provide to our Google Cloud customers.” Id.

at 7. This “technical infrastructure allows us to use and offer our customers a range of AI

accelerator options, including specialized Graphics Processing Units (GPUs) and our own

custom-built Tensor Processing Units (TPUs), such as Ironwood, our seventh-generation TPU.”


1
        The full Form 10-K is available at:
https://www.sec.gov/Archives/edgar/data/1652044/000165204426000018/goog-20251231.htm.


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Id. at 7. This further includes “world-class research, including models and tooling; and [its]

products and platforms that bring AI to billions of people, developers, and enterprises,” id.

Google’s “AI-optimized infrastructure” enabled Google to embed “the power of generative AI

and Gemini into [its] products and platforms.” Id. For example, Google provides “AI

Overviews” and “AI Mode in Search” along with “enterprise AI solutions on [its] Google Cloud

Platform,” id. at 50, which includes the Vertex AI platform and Gemini Enterprise, id. at 54.

       7.      According to Ex. B, Google invests large sums in capital expenditure as it scales

its infrastructure, expending $91.4 billion in 2025, which was up from $52.5 billion in 2024. Id.

at 68. This included investments in “servers and network equipment, and data centers.” Id

       8.      Neural’s Subpoenas include a definition for “NVIDIA GPUs” that lists

approximately 240 products. See, e.g., Dkt. 1-6 at 6–8. As described above, Google broadly

uses AI and has vast amounts of AI technical infrastructure. As also described above, Google

uses AI across many products and features at Google. Based on that information, tracking down

each of the requested “NVIDIA GPUs” across all Google products and services, determining

how each GPU is used, and how each GPU and associated software are configured, would be

unduly burdensome, if not impossible. This would further require consulting any number of

thousands of Google employees and related documentation regarding their use of AI

infrastructure, which would likely take months, if not longer. See supra ¶¶ 5–6. Further, even

after identifying the requested “NVIDIA GPUs,” cataloguing this information would require the

collection and production of voluminous records, adding to the unduly burdensome requests.


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       I declare under penalty of perjury under the laws of the United States of America that

the foregoing is true and correct.

      Executed on August 25, 2026, at Pittsburgh, Pennsylvania.


                                           /s/ Jordan R. Jaffe

                                           Jordan R. Jaffe


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       Case 7:26-mc-00324-LS          Document 7-1       Filed 08/25/26     Page 5 of 5


                               CERTIFICATE OF SERVICE

       The undersigned certifies that, on August 25, 2026, all counsel of record are being served

with a copy of this document and exhibits attached hereto via CM/ECF to the following:

                      Susman Godfrey

                      Brian D. Melton
                      1000 Louisiana St.
                      Suite 5100
                      Houston, TX 77002
                      bmelton@susmangodfrey.com

                      Max L. Tribble , Jr.
                      1000 Louisiana
                      Suite 5100
                      Houston, TX 77002-5096
                      mtribble@susmangodfrey.com
                      713-653-7820

                      Rocco Magni
                      1000 Louisiana, Suite 5100
                      Houston, TX 77002-5096
                      rmagni@susmangodfrey.com

                      Tanner H. Laiche
                      401 Union St., Suite 3000
                      Seattle, WA 98101
                      tlaiche@susmangodfrey.com
                      206-516-3880

                      Attorneys for Petitioner Neural AI, LLC

                                                    /s/ Jason M. Storck
                                                    Jason M. Storck


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