Voip-Pal.com, Inc. v. Apple, Inc.

Filing 1

COMPLAINT against Voip-Pal.com, Inc. (Filing fee $400 receipt number 0978-3994067), filed by Voip-Pal.com, Inc.. Certificate of Interested Parties due by 2/19/2016. Proof of service due by 6/8/2016. (Attachments: # 1 Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit D-(Chart 1), # 7 Exhibit D-(Chart 2), # 8 Exhibit D-(Chart 3), # 9 Exhibit D-(Chart 4), # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit F-Addendum 1, # 13 Civil Cover Sheet, # 14 Summons) (Bonds, Kurt)

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Exhibit C 1. Apple Inc. / Denise Kerstein Phone & E-mail Correspondence May-July 2014 • Early May 2014: Voip-Pal’s Tom Sawyer contacts Denise Kerstein, Head of Patent Acquisitions for Apple via telephone and introduces Voip-Pal to Apple • May 27, 2014: Apple’s Denise Kerstein email to Tom Sawyer Subject: Voip-Pal/Digifonica From: Denise Kerstein <dkerstein@apple.com> Date: Tue, 27 May 2014 10:54:46 -0700 Cc: Offerings <offerings@apple.com> To: "Thomas E. Sawyer" <tesawyer@tesawyer.com> X-Mailer: Apple Mail (2.1874) X-Brightmail-Tracker: Hello Tom, Thank you for all the follow up. We have concluded our review of the portfolio and are passing. I appreciate your bringing the opportunity to Apple. Regards Denise  June 25, 2014: Tom Sawyer contacts Denise Kerstein regarding Apple’s announcement about VoIP/Data Applications On Jun 25, 2014, at 10:36 AM, Thomas E. Sawyer <tesawyer@tesawyer.com> wrote: Denise, Again, thank you and your associates at Apple for the technical evaluation of the VoipPal.com patented technology portfolio. Based on recent public announcements, it appears that Apple is developing a VoIP service application to add to its latest I-phone. We are confident that Voip-Pal.com technology would greatly enhance such a launch, and would be most willing to negotiate a licensing agreement with Apple that provides the protection of our patents. Best wishes for Apple's continued success. Thomas E. Sawyer, Ph.D  July 2, 2014: Denise Kerstein referred Voip-Pal’s portfolio to Apple’s Legal Counsel-IP Transactions, Jeffrey Lasker, At 06:01 PM 7/2/2014, Denise Kerstein wrote: Hi Tom, I have asked a colleague to have a look at your portfolio. Jeff Lasker (on cc) will be your point person going forward. Thank you, Denise VPLM00122 2/9/2016 9:34:11 A Apple Inc. / Jeffrey Lasker Phone Correspondence July 8 & 14 2014 2.  July 8, 2014: Tom Sawyer confirms having initial contact from Jeffrey Lasker Thomas E. Sawyer <tesawyer@tesawyer.com> 7/9/14 to colinp.tucker, edwincandy, dtchang101, Emil, me Gentlemen, I was contacted again today by Jeffrey Lasker, Legal Counsel, for Apple. Ed Candy had revised the Amazon one-page presentation to the attached one-pager for Apple. I anticipate a follow up from him next week. Our six patents are being reviewed by their engineering again.. Thanks. Thomas E. Sawyer, Ph.D.  July 14, 2014, Tom Sawyer comments after a positive call with Jeffrey Lasker Thomas E. Sawyer <tesawyer@tesawyer.com> 7/14/14 to me I think it was quite positive. They are suggesting licensing the technology, but we still need to have the engineers put together a chart of how they might be infringing our patents. The conference call with RPX went reasonably well also. They also need the same type of chart, but covering all VoIP users, thus it would be generic in nature. Konstantin and Ed are on it already. Thomas E. Sawyer, Ph.D. VPLM00123 2/9/2016 9:34:11 A 3. Apple Inc. / Jeffrey Lasker E-Mail July 17 2014 w Attachment 3A From: "Thomas E. Sawyer" <tesawyer@tesawyer.com> Date: Thu, 17 Jul 2014 12:19:22 -0600 To: Emil Malak <Emil_Malak@hotmail.com>, <colinp.tucker@tiscali.co.uk>, Edwin Candy <edwincandy@btinternet.com>, <dtchang101@aol.com> Cc: Ryan Thomas <ryanthomas2@weber.edu> Subject: Voip-Pal Tom, Please see the attached correspondence. Best regards, Jeff Jeffrey V. Lasker Legal Counsel, IP Transactions  Apple Inc. 408-862-1377 VPLM00124 2/9/2016 9:34:11 A 3A. Attachment to E-mail dated July 17 2014 July 17, 2014 Via Email Thomas E. Sawyer, Ph.D. Chairman and CEO Voip-Pal.com, Inc. P.O. Box 900788 Sandy, Utah 84090 Email: tesawyer@tesawyer.com Dear Tom, Thank you for taking the time to speak with me earlier this week. I am also in receipt of your email to me dated July 14, 2014 in which you attached a business plan and indicated that you are preparing “a chart that depicts the potential of Apple infringing [VoipPal’s] patents if Apple were to enter into VoIP offerings.” Apple respects the valid intellectual property rights of third parties, and we will investigate detailed allegations of infringement. As I explained during our discussion, we have reviewed the patents and do not believe they cover any products or services offered by Apple. Thus, we do not believe that any current Apple product requires a license. If you disagree, please provide detailed claim charts explaining the basis for your assertion. If you are asking Apple to consider your company’s ideas or to collaborate in some other way, we cannot do so. Apple has a stated policy of not accepting, reviewing, or considering outside submissions of product ideas for any purpose. We have adopted this policy due in part to the large volume of mail received and also to avoid potential misunderstandings or disputes when Apple’s products or marketing strategies might seem similar to ideas submitted to Apple. The policy can be viewed at http://www.apple.com/legal/policies/ideas.html. If we have misconstrued your correspondence, please contact us with greater specificity, including providing claim charts detailing any assertions if any. Please direct all future correspondence to me. Regards, Jeffrey V. Lasker Legal Counsel, IP Transactions Apple Inc. Jeffrey V. Lasker 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014 (408) 862-1377 jlasker @apple.com VPLM00125 2/9/2016 9:34:11 A 4. E-Mail to Apple dated September 15 2014 w Attachments 4A, 4B & 4C Thomas E. Sawyer tesawyer@tesawyer.com 9/15/14 to jlasker Jeffrey, Attached are the Apple/Voip-Pal IP Assessment and Prior Art search documents for Apple's information and action. We look forward to Apple's response in the near future. Thanks. Dr. Thomas E. Sawyer VPLM00126 2/9/2016 9:34:11 A 4A. Attachment to E-Mail dated September 15 2014 – Cover Letter Voip-Pal.com, Inc. 10900 NE 4th Street, Suite 2300 Bellevue, WA, 98004 Corporate Website: http://www.voip-pal.com Trading Symbol: VPLM September 15, 2014 Jeffrey V. Lasker Legal Counsel, IP Transactions Apple, Inc. 1 Infinite Loop, MS 169-31PL Cupertino, CA 95014 Dear Jeffrey, Enclosed are claims that briefly explain the basis of Voip-Pal’s belief and assertion that Apple products and services currently are, and potentially will be, utilizing technologies contained in the Voip-Pal patents. Thank you for your statement that “Apple respects the valid intellectual property rights of third parties,” and will investigate detailed allegations of infringement. Should you require further information or wish to discuss the patented technologies with the engineers, please feel free to contact me. Voip-Pal believes that Apple would greatly benefit from either the purchase of its patented technologies or acquisition of a nonexclusive license. Regards, Dr. Thomas E. Sawyer Chairman and CEO (801) 944-4090 tesawyer@tesawyer.com VPLM00127 2/9/2016 9:34:11 A 4B. Attachment to E-Mail dated September 15 2014 – Apple/Voip-Pal IP Assessment APPLE/VOIP-PAL IP ASSESSMENT COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 1 VPLM00128 2/9/2016 9:34:11 A COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES INTRODUCTION The initial purpose of this document is to provide notice to Apple that its products iMessage and Text Messaging, appear to employ technology that may be covered by patents held by Voip-Pal.com, Inc. Voip-Pal has carefully reviewed and, in this notice, documents this apparent past and present use. In addition, the launch of iPhone 6 (and older versions with the iOS 8 software upgrade 1), and their use of WiFi calling, as well as the hand-off of WiFi calls to a cellular network,2 will also likely be utilizing Voip-Pal patented technologies. Voip-Pal believes that there could be significant benefits and opportunities that Voip-Pal’s suite of patents might add to Apple’s present portfolio. To that end, this document describes the kind of advantages that a license or purchase of Voip-Pal’s patented technologies might provide. The contents of this paper include Comparisons between technology areas, Benefits to Apple, Providers Using Voip-Pal Technologies, and Summary, as well as three Appendices (Voip-Pal’s Six Patents disclose the technology for voice and video calls, text and multimedia messaging both for Internet multi-node and Internet-to-Legacy communications; Deployment Opportunities For Apple; and Benefits To Voice Over LTE (VoLTE)). COMPARISON Here are the main technology areas that seem to be used by both parties: iMessage When a message is sent from iPhone to iPhone, Apple infrastructure sees that both devices have Apple IDs, and routes messages through the Internet. When it sees a message from an iPhone to a phone number without an associated Apple ID, it routes the message through the Public Switched Telephone Network (“PSTN”), rather than the Internet. This decision-making 1 http://www.cnet.com/news/t-mobile-makes-big-wi-fi-push-on-heels-of-iphone-6s-wi-fi-calling/ 2 “With the iPhone 6, Schiller said Apple will allow customers for the first time to hand-off calls from a WiFi network to a cellular network, when you are walking from inside your house to outdoors, for example.” http://www.geekwire.com/2014/apple-partners-t-mobile-u-s-advanced-wifi-calling/ COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 2 VPLM00129 2/9/2016 9:34:11 A and routing, based on subscribed membership, is exactly the type of routing that is described in the RBR patent.3 Text Messaging The iPhone handles text (Short Message Service or SMS) messages with the same user interface, using a color code to distinguish the two. Text and iMessage are highly integrated with each other and use processes similar to RBR to decide how to route the message. WiFi Calling on iPhone6 All mobile carriers that enable the WiFi calling feature of iPhone6, are routing calls via Internet or PSTN, similar to the RBR patent. iPhone functionality to hand-off voice calls from 3G/4G to WiFi networks without calls disconnecting, is similar to the Uninterrupted patent. FaceTime (Video) As per the VirnetX court case, all FaceTime calls no longer go directly peer-to-peer, but via relay servers. Currently, FaceTime does not run video to PSTN handsets, although it is possible to send and receive video through 3G phones. Once Apple decides to send calls to those phones, the RBR patent will be in use. FaceTime Audio FaceTime Audio was recently introduced, which permits routing calls between PSTN and IP networks, in addition to pure Internet-to-Internet calls. Once Apple decides to send calls to PSTN, the RBR patent will be in use. The following table summarizes comparisons of the Voip-Pal applicable patented technologies and existing Apple FaceTime, FaceTime Audio, and iMessage services: 3 From the RBR patent Abstract: “In response to initiation of a call by a calling subscriber, a caller identifier and a callee identifier are received. Call classification criteria associated with the caller identifier are used to classify the call as a public network call or a private network call. A routing message identifying an address, on the private network, associated with the callee is produced when the call is classified as a private network call and a routing message identifying a gateway to the public network is produced when the call is classified as a public network call.” COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 3 VPLM00130 2/9/2016 9:34:11 A Technical feature Sending messages between iPhones Applicable Patent US 8542815 FaceTime FaceTime Audio iMessage Sending messages to non-iPhone US 8542815 Public/private call routing decision US 8542815 Internet to PSTN traffic via relays US 8542815 Internet to PSTN traffic via relays US 8542815 Will be used for directing calls to PSTN VoLTE in iPhone6 US 8542815 Will be used Lawful Intercept US 8422507 Maybe used? Maybe used? Maybe used? Enhanced 911 US 8537805 Will be used Will be used Will be used Mobile Gateway US 8630234 Not used Not used, but will be beneficial to use when Not used, but will be beneficial In use, following VirnetX patent litigation case In use, for sending messages to PSTN In use Will be used for directing calls to PSTN videenabled phones Future Telco integration Vital functionality Vital functionality Vital for routing messages in Internet and to PSTN Critical functionality for video call routing Internet to PSTN Critical functionality for audio call routing Internet to PSTN Core VoLTE functionality is RBR Important for applicationlevel intercept (opposed to network tapping) Can be used as additional or primary source of emergency communication Valuable feature for consumers and service COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 4 VPLM00131 2/9/2016 9:34:11 A roaming Uninterrupted US 8675566 Not used, but will be beneficial to use on the move Not used, but will be beneficial to use on the move to use when roaming Not used providers In use with WiFi calling, to hand off voice calls from 3G/4G to WiFi networks without calls disconnecting BENEFITS TO APPLE Voip-Pal’s 6-patent portfolio resolves major challenges in the current interconnected VoIP and PSTN world: how to route a communication in private (Internet) and public (Legacy PSTN) domains and between them, and how to rate the call and charge for it. Communication includes audio, video, text, and multimedia messages. The foundation patent (Rating, Billing, and Routing, referenced as “RBR”) is described along with the additional five Voip-Pal patents in Appendix A. Deployment opportunities are covered in Appendix B. Ownership of such patents could greatly increase Apple’s value. Voip-Pal owns the patented technologies needed to deploy comprehensive international VoIP systems, which in addition to providing a traditional closed user group are able to fully interoperate with the international telecommunications network. The patent portfolio ensures that the resulting service for a subscriber is indistinguishable from that offered by a Telco operator, and can benefit from extensive revenues via calls, subscriptions, premium services, and number allocation. In addition, by supporting interconnect and standard call description records, very significant revenues result from call termination and interconnect revenues from fixed and mobile operators. Large cell phone (iPhone) vendors, when teaming with data providers and backed by Voip-Pal patented technologies, would generate additional revenue for Apple by providing attractive voice/data packages to customers. Furthermore, Android’s operating system, either natively or via Google Play applications is, or will be, using telephony features similar to Voip-Pal’s patented technologies. The Voip-Pal patents would give Apple’s iOS a competitive advantage over the Android system. COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 5 VPLM00132 2/9/2016 9:34:11 A PROVIDERS USING VOIP-PAL TECHNOLOGIES Cell phone Operators: Verizon Wireless, T-Mobile, AT&T, Cricket Wireless, Sprint, MetroPCS, Boost Mobile, U.S. Cellular, Virgin Mobile, Ting, Liberty Wireless, China Mobile, Vodafone Group, Telefonica Group, China Unicom, Orange Group, China Telecom, Deutsche Telecom, etc. Internet Providers: Comcast, Time Warner Cable, Verizon, Cox, AT&T, Charter, Frontier, Suddenlink, CenturyLink, Cable One, DirecTV, Windstream, EarthLink, etc. Hardware Vendors: Samsung, Blackberry, all Android phones, Avaya, CISCO, Nortel, Siemens, Mitel, Polycom, Alcatel, Grandstream, NetGear, Zyxel, D-Link, Belkin, MagicJack, BasicTalk, etc. Social Network Providers: Viber, Twitter, etc. SUMMARY As discussed, there are fundamental similarities in Apple’s iMessage and Text Messaging with Voip-Pal’s patented technologies. In addition, the core functions of VoLTE technology, to be used in iPhone6 with Verizon, are very similar to the Voip-Pal RBR patent, as well as the similarity of the Uninterrupted patent to the anticipated seamless hand-off of WiFi calls to a cellular network. With WiFi calling and the future expansion of FaceTime and FaceTime Audio, the Voip-Pal patents could greatly increase Apple’s value by expanding their functionality for customers. Should Apple own the Voip-Pal technologies, it could leverage the patents with their data providers to obtain better prices, various associated telecommunications companies could be indemnified from using the patented technologies, and licensing fees can be charged to all other operators, enabling Apple to recoup the cost of acquiring the patents. COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 6 VPLM00133 2/9/2016 9:34:11 A Appendix A: VOIP-PAL’S SIX PATENTS Voip-Pal’s six patents disclose the technology for voice and video calls, text and multimedia messaging - both for Internet multi-node and Internet-to-Legacy communications. 1. Rating, Billing, and Routing engine (“RBR”- producing routing messages for VoIP communications): US patent 8,542,815 is the foundation of any modern commercial VoIP system. It discloses the major challenge in current interconnected VoIP and PSTN networks – how to route a communication in private and public domains and between them, as well as how to rate it and charge for it. This base RBR patent has three independent claims 1, 27, 28 which disclose method and apparatus… “...for facilitating communication…” which definitely includes voice calls, text and data messaging, audio and video, and online purchasing. Priority date of this patent is in 2006, at which time legacy IP Centrex solutions dominated the market by Nortel CICM (Centrex IP Client Manager) and CISCO H323 protocols. Those legacy solutions proved to be non-scalable and not efficient for the modern world. Technology turned to SIP (Session Initiation Protocol), with its advanced voice and data call routing architecture. Multiple examinations of this patent by PCT, US examiners, and competitors have not discovered any prior art before 2006 on the market. RBR claim 1 clearly defines the following 2 points: Internet-to-Internet call: “when the call is classified as a private network call, producing a private network routing message for receipt by a call controller, said private network routing message identifying an address, on the private network, associated with the callee”; Internet-to-PSTN call: “when the call is classified as a public network call, producing a public network routing message for receipt by the call controller, said public network routing message identifying a gateway to the public network.” RBR claim 28 discloses: “A call routing apparatus for facilitating communications between callers and callees,” – which can be not only a server, but a mobile phone, performing RBR functions. Android can have built-in RBR service, or RBR applications downloaded from Google Play and installed on Android. Whoever owns these patents, controls Android telephony functions. COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 7 VPLM00134 2/9/2016 9:34:11 A 2. Allocating Charges for Communications Services (“Billing”): US patent 8,774,378 was applied for in September 2013 as part of a continuation to the RBR patent. This technology strengthens the RBR patent and enhances the billing aspect of the RBR and its implementation. This technology will play a vital role as VoIP communication replaces legacy telephony and new fees and tariffs are assessed. System vendors, network providers, and mobile carriers are able to utilize this routing and metering technology to make VoIP more manageable and reliable. 3. Advance Interoperability Solutions (“Uninterrupted” - uninterrupted transmission of Internet protocol transmissions during end point changes): US patent 8,675,566. The patent allows the transfer of in-session digital sessions between disparate wireless technologies enabling subscribers to roam seamlessly between different WiFi, WiMax, 3G, and 4G cell technologies without losing a call. The patent technology demonstrates the future of Internet voice communication – calls should not be dropped when roaming from one transport provider to another. 4. Mobile Gateway: US patent 8,630,234. This patent allows a single subscriber device to connect automatically to WiFi, WiMax, and other wireless data connections. This technology can be applied to any modern cell phone allowing Internet calls to be transparent to users. Cell phones may be operated in roaming territory without incurring roaming charges. Mobile Gateway claims disclose the cell phone application: - intercepts user attempt to make a call in roaming territory; - requests and receives temporary local number from the local gateway, preferably over non-voice network; - allows cell phone to make the call to that number over cellular network; and - call is received on the local gateway and forwarded to the final destination over the Internet. The advantage of this roaming system is two-fold: 1. On the subscriber side, it avoids roaming charges, because cellular call is local. Also, this call is completely transparent to subscriber. The caller doesn’t know that the cell phone was making a call to some local number, instead of the longdistance number dialled. 2. On the carrier side, this patent application retains the subscriber base on its cellular network, preserving investments in infrastructure. At the same time, it uses Internet to carry long-distance voice traffic. There is no need for applications like Skype and Vonage on cell phones, which are taking subscribers away from carrier. Every mobile call is now a local call. 5. Lawful Intercept (“LI” - intercepting VoIP communications and other data communications): US patent 8,422,507 discloses an “application service” type intercept (section 5.3 of ETSI standard TR 101 943 “Lawful Interception (LI): Concepts of Interception in a Generic Network Architecture”), that addresses government legislation to enable law enforcement agencies to perform scheduled and live intercepts on VoIP COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 8 VPLM00135 2/9/2016 9:34:11 A telephone conversations. The advantage of this patent is that it is undetectable by the intercept target, as opposed to many other technologies. For example, Microsoft patent application 20110153809 “Legal Intercept” by Ghanem et al. from 2009, which is now in RCE (Request for Continuing Examination). The Voip-Pal patent does not divert audio flow to recording equipment. Instead, every media relay is capable of duplicating and recording audio flow. This way the call path for intercepted calls stays the same as for non-intercepted ones. 6. Enhanced 911 (“E911” - emergency assistance calling for VoIP communications): US patent 8,537,805. This technology satisfies the major government requirement for an enhanced emergency response system, which is the ability to call back the person making an emergency call in the event of a dropped connection. Average VoIP systems do not provide this function; they display some non-routable number to the Emergency Center operator. Instead, this technology assigns a temporary DID (Direct Inward Dial) number for the emergency call. This portfolio of patents covers the essential elements of a VoIP and messaging network including, but not limited to: • • • • • • • • Separation of signaling and media data flows; The principle of a public (Internet) network / private (VoIP) network call routing decision prior to call set up; Elimination of single points of failure common on VPN, VoIP, and PBX implementations; A system where IP addresses of call originator or call terminator are not visible to each other (or detectable by network sniffers) such that they only see media relay and call controller IP addresses by deploying back-to-back user agents B2BUA as call controllers; Efficient use of call controllers and routing controllers in strategic Internet hubs; Deployment of media relays and gateways anywhere in the Internet in accordance with subscriber distribution (media relays being controlled by call controllers); Elimination of network constraints from administrative, political, or geographical boundaries, and the ability to monitor or extract data records from any call originated or terminated from a user with a VoIP provider account anywhere in the world, as long as it has a VoIP provider account; and Maintenance of call session state in the routing controller (RBR engine); and transport of the communication session, via media relays. COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 9 VPLM00136 2/9/2016 9:34:11 A Appendix B: DEPLOYMENT OPPORTUNITIES FOR APPLE To deploy native VoIP applications on iPhones and the rest of i-family, given the scale of its current user base of ~500M subscribers, and for future expansion, Apple should: - follow best current practice of Internet telephony, not proprietary systems. Skype had to introduce Fat servers and proxies to bridge private P2P with VoIP and PSTN networks to avoid scalability bottlenecks. The road to modern scalable technology has been paved by the RBR patent, as shown in Appendix A. - provide government-legislated services, such as Public Safety 911 and Lawful Intercept. Apple video applications FaceTime and FaceTime Audio are based on modern standards of SIP and RTP, and function over WiFi, 3G, and LTE – like many other Voice over Internet Protocol products on the market, including the Voip-Pal technologies. There are substantial similarities in how FaceTime and FaceTime Audio operate with Voip-Pal patent US 8,542,815 (Rating, Billing, and Routing) – see Appendix A for details. This patent is the foundation of modern Internet Telephony, and it covers messaging as well, particularly iMessage. With Apple’s VoLTE launch on iPhone6, it is important to mention that VoLTE routing, billing, and rating functionality is covered by the RBR patent – see Appendix C. To operate the iPhone voice application in roaming territory, Voip-Pal patent US 8,630,234 (Mobile Gateway) will be used. To carry a call in progress from one transport network to another (WiFi hot spots, GSM data, LTE) without dropping the call, Voip-Pal patent US 8,675,566 (Uninterrupted) is used. To support enhanced 911 services, a modern telephony system should provide the ability to call back the person in an emergency, if the call is dropped –what patent US 8,537,805 (E911) enables. Modern Lawful Intercept must be truly undetectable with any sophisticated monitoring tools; meaning, the call flow should not be diverted to a recording facility – US 8,422,507 (Lawful Intercept) patent provides such nondetection. To apply proper charges to customers and multi-tier providers, and determine accurate allocation of taxes, RBR continuation patent US 8,774,378 (Billing) is used. COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 10 VPLM00137 2/9/2016 9:34:11 A Appendix C: BENEFITS TO VOICE OVER LTE (VoLTE) Voice over LTE (VoLTE) deploys functionality, already disclosed by four Voip-Pal patents: RBR, Lawful Intercept, E911, and Billing – especially by RBR. Two other patents, once implemented in VoLTE, Uninterrupted and Mobile Gateway, will significantly improve user VoLTE experience. Altogether, the six Voip-Pal patents, if integrated with VoLTE, will bring significant competitive advantage to carriers, overthrowing OTT applications like Skype. 1. Rating, Billing, and Routing engine (“RBR”): US patent 8,542,815 discloses core functionality of how to route VoIP calls in different networks. In VoLTE architecture those functions are performed by the following IMS (IP Multimedia Subsystem) blocks: a. S-CSCF (Serving Call Session Call Function) – central SIP endpoint b. HSS (Home Subscriber Server) – holds Service Profile (SP) which is a collection of user-specific information c. PCRF (Policy & Charging Rules Function) These blocks, as per the RBR patent, and in response to call initiation, (i) locate caller dialing profile with plurality of caller attributes, (ii) match some calling attributes with a portion of the callee identifier, classify the call as a private network call (Internet) or a public network call (PSTN), and (iii) produces routing messages identifying an address of callee in the private network or a gateway to the public network. Depending on whether S-CSCF is the registrar for callee (private call) or not (public call), it may query DNS for the address of callee’s I-CSCF (Interrogate CSCF) – gateway to callee phone. 2. Allocating Charges for Communications Services (“Billing” - RBR Continuation): US patent 8,774,378 further discloses charging functionality, performed in VoLTE architecture by PCRF and HSS above, and CDF (Charging Data Function) which generates CDRs (Call Detail Records) for postpaid service or OCR (Online Charging System) for prepaid service. 3. Mobile Gateway: US patent 8,630,234 discloses how a call in roaming territory becomes a local call; querying the list of local numbers on PSTN-Internet gateway and calling one of them instead of the long distance number, and lets the gateway complete the call via Internet. Apparently, VoLTE carriers may take advantage of the Mobile Gateway patent even further. Since it is natively connected to the Internet, it doesn’t have to call a PSTN long distance number, but runs the call over the Internet. Moreover, if its IMS has a connection to the user’s home IMS, a call might be set up between them, leading to even more savings for both carrier and user. 4. Advanced Interoperability Solutions (“Uninterrupted”): US patent 8,675,566 discloses the Layer 3 technique to perform seamless handover of calls in progress, while moving from one transport provider to another (LTE to GSM or WiFi), based on session identifier COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 11 VPLM00138 2/9/2016 9:34:11 A inside RTP header. VoLTE has a few of its own handover techniques, mainly radio handovers from one eNodeB to another eNodeB (VoLTE) or RNC (3G) tower - PS-PS (Packet to Packet Switched – VoLTE to VoLTE) or PS-CS (Packet to Circuit Switched – VoLTE to 3G) handover; the core must be updated afterwards. A native VoLTE handover works only inside one carrier, not between carriers. The Uninterrupted patent allows seamless handover between carriers, even different types of carriers (VoLTE, GSM data, WiFi). VoLTE architecture already has a P-GW element (Packet Data Network Gateway) which serves as a media relay. It must be updated with the Uninterrupted patent functionality: on the callee side – call not dropped but waits for media stream with the same SSRC identifier, on the caller side –the call is not torn down immediately if the caller disappears, letting the media stream come up on callee side with the same SSRC. 5. Lawful Intercept (“LI”): US patent 8,422,507 discloses public safety VoIP functionality, legislated for every carrier – how to intercept a call from or to intercept target, conducted over media relay. In VoLTE architecture, this function is performed by three entities in EPC (Evolved Packet Core): (1) MME (Mobility Managed Entity) for signaling, (2) S-GW (Serving Gateway) for roaming media, and (3) P-GW (Packet Data Network Gateway) for local media. 6. Enhanced 911 (“E911”): US patent 8,537,805 discloses public safety VoIP functionality, legislated for every carrier – how to handle VoIP calls to Emergency number for all subscribers: those who have DID (Direct Inward Dial) number assigned and those who don’t. In VoLTE architecture, this functionality it performed via MME by dedicated SIP entity E-CSCF (Emergency CSCF), which routes the call to PSAP (Public Safety Answering Point) – similar to the E911 patent. This patent is more advanced than VoLTE: - VoLTE subscriber can have multiple identities, like SIP URI, which may be not possible to call back by PSAP operator. E911 patent always provides PSTN DID number, which is always reachable from PSAP. - VoLTE architecture assumes that emergency flag is set up by user handset, according to statically assigned number, which might be wrong in roaming territory. E911 patent allows dynamic reconfiguration of the emergency number. COMPARISON OF APPLE AND VOIP-PAL PATENTED TECHNOLOGIES Page 12 VPLM00139 2/9/2016 9:34:11 A 4C. Attachment to E-Mail dated September 15 2014 – Prior Art Review PRIOR ART REVIEW FOR VOIP-PAL.COM, INC. OF TELEPHONY PATENTS: 8,422,507; 8,542,815; 8,630,234; 8,537,805; 8,675,566 & 8,774,378 tawna PRIOR ART REVIEW FOR VOIP-PAL.COM, INC. OF TELEPHONY PATENTS: 8,422,507; 8,542,815; 8,630,234; 8,537,805; 8,675,566 & 8,774,378 An extensive infringement and invalidity patent review Prepared for Voip-Pal.com, Inc. by Thomas and Thomas, Attorneys at Law 2740 East 1700 North Layton, Utah 84040 Client Privileged Information VPLM00140 2/9/2016 9:34:11 A Prior Art Review of Voip-Pal.com, Inc. Telephony Patents 9/9/2014 This review includes the following US Patents: Producing Routing Messages for VoIP Communications, US Patent 8,542,815 Intercepting VoIP Communications and Other Data Communications, US Patent 8,422,507 Emergency Assistance Calling for VoIP Communications, US Patent 8,537,805 Mobile Gateway, US Patent 8,630,234 Uninterrupted Transmission of Internet Protocol Transmissions during Endpoint Changes, US Patent 8,675,566 Allocating Charges for Communications Services, US Patent 8,774,378 Client: Voip-Pal.com, Inc. Thomas and Thomas, Attorneys at Law 2740 East 1700 North Layton, Utah 84040 Client Privileged Information Page | 1 VPLM00141 2/9/2016 9:34:11 A Table of Contents Scope of Search ............................................................................................................................................................ 4 US Patent 8,542,815: VoIP Routing Billing and Rating ............................................................................. 4 A. B. 1. 2. Field of the Invention and Related Art .............................................................................................................. 4 Field of Invention .................................................................................................................................................... 4 Description of Related Art................................................................................................................................... 4 Summary of the Invention ....................................................................................................................................... 5 Summary of Major Claims ...................................................................................................................................... 6 C. Summary of Major Prior Art................................................................................................................................. 7 D. E. F. G. Additional Sources Considered ............................................................................................................................. 9 Analysis............................................................................................................................................................................ 9 Scope of Search .......................................................................................................................................................... 10 US Patent 8,422,507: LAWFUL INTERCEPT.......................................................................................... 10 A. B. 1. 2. Field of the Invention and Related Art ............................................................................................................ 10 Field of Invention ................................................................................................................................................... 10 Description of Related Art................................................................................................................................. 10 Summary of the Invention ..................................................................................................................................... 11 Summary of Major Claims ................................................................................................................................... 13 C. Summary of Major Prior Art............................................................................................................................... 14 D. E. F. G. Additional Sources Considered ........................................................................................................................... 17 Analysis.......................................................................................................................................................................... 18 Scope of Search .......................................................................................................................................................... 19 US Patent 8,537,805: Emergency Assistance Calling for VoIP Communications .................................. 19 A. B. 1. 2. C. D. E. F. G. Patent Related Art Summary and Claims ...................................................................................................... 19 Field of Invention ................................................................................................................................................... 19 Description of Related Art................................................................................................................................. 19 Summary of the Invention ..................................................................................................................................... 20 Summary of Major Claims .................................................................................................................................... 20 Summary of Major Prior Art............................................................................................................................... 21 Additional Sources Considered ........................................................................................................................... 27 Analysis.......................................................................................................................................................................... 27 Scope of Search .......................................................................................................................................................... 28 US Patent 8,630,234: Mobile Telephony .................................................................................................... 28 A. Page | 2 VPLM00142 2/9/2016 9:34:11 A Patent Related Art Summary and Claims ...................................................................................................... 28 Summary of the Invention ..................................................................................................................................... 28 B. Summary of Major Claims ................................................................................................................................... 29 C. Summary of Major Prior Art............................................................................................................................... 29 D. Analysis.......................................................................................................................................................................... 32 E. F. US Patent 8,675,566: Uninterrupted transmission of internet protocol transmissions during endpoint changes .......................................................................................................................................................... 33 Scope of Search .......................................................................................................................................................... 33 A. B. 1. 2. Field of the Invention and Related Art ............................................................................................................ 33 Field of Invention .................................................................................................................................................. 33 Description of Related Art ................................................................................................................................. 33 Summary of the Invention ..................................................................................................................................... 34 Summary of Major Claims ................................................................................................................................... 34 C. Summary of Major Prior Art............................................................................................................................... 38 D. E. F. G. Additional Sources Considered ........................................................................................................................... 41 Analysis.......................................................................................................................................................................... 42 Scope of Search .......................................................................................................................................................... 43 US 8774378: Allocating Charges for Communication Services ............................................................... 43 A. B. 1. 2. C. D. E. F. G. Field of Invention and Related Art .................................................................................................................... 43 Field of Invention .................................................................................................................................................. 43 Description of Related Art ................................................................................................................................. 43 Summary of the Invention ..................................................................................................................................... 44 Summary of Major Claims .................................................................................................................................... 45 Summary of Major Prior Art ............................................................................................................................... 46 Additional Sources Considered ........................................................................................................................... 48 Analysis.......................................................................................................................................................................... 48 Page | 3 VPLM00143 2/9/2016 9:34:11 A US PATENT 8,542,815: VOIP ROUTING BILLING AND RATING Publication date Sep 24, 2013 Filing date Nov 1, 2007 Priority date Nov 2, 2006 A. SCOPE OF SEARCH 1. The prior art search comprises the period between the filing dates 1990 and 2007. The date 1990 began the search period because VoIP was developed in conjunction with the commercialization of internet in the 1990s. The end date 2007 was selected as the filing date cutoff because the priority date listed on US Patent 8,542,815 is November 2, 2006 and in order to predate the priority date and qualify for patent protection an applicant would need to file within a year of public disclosure under pre and post-Leahy Smith America Invents Act 35 USC 102(b). 2. The search included the search engines of the World Intellectual Property Organization (WIPO), Google Patent, Google Scholar and the United States Patent and Trademark Office. The search terms comprise, in various combinations, the following terms: routing, billing, rating, VoIP, subscriber profiles. The prior art search further comprises a review of patent citations and references from pertinent patents, found in the word searches, to capture any additional patent publications not captured in the word searches including broadening reissue patents. 3. The Search included all US, CA and European patents and applicable professional/technical articles identified by the search strings. B. FIELD OF THE INVENTION AND RELATED ART 1. Field of Invention This invention relates to methods and apparatus for routing, rating and billing voice over IP and other IP media-based communications. 2. Description of Related Art Existing VoIP systems do not allow for high availability and resiliency in delivering Voice Over IP based Session Initiation Protocol (SIP) Protocol service over a geographically dispersed area such as a city, region or continent. Most resiliency originates from the provision of IP based telephone services to one location or a small number of locations such as a single office or network of branch offices. In recent years, Internet protocol (IP) telephones have been seen as an increasingly attractive alternative to traditional public switched telephone network (PSTN) phones. The rapid growth of “smart” cellular phones that allow the user access to the Internet from their cellular device has pushed traditional technologies to provide increased interoperability of IP phones within an existing topography of cellular telephony and traditional switched circuit networks (SCN). While some interoperable services have been provided, the differences between IP networks which are based upon “packets” of data that “hop” between multiple networks to complete communications and PSTN networks that communicate with “end to end” communications have hampered true interoperability. One of the advantages of PSTN’s point to point communication is that it allows complex local network nodes that contain extensive information about a local calling service area including user authentication and call routing. The PSTN network typically aggregates all information and traffic into a single location or node, Page | 4 VPLM00144 2/9/2016 9:34:11 A processes it locally and then passes it on to other network nodes, as necessary, by maintaining route tables at the node. This information provides much easier routing, rating and billing of PSTN-based calls. C. SUMMARY OF THE INVENTION The invention includes processes and implementing apparatuses for operating a call routing controller to facilitate communication between callers and callees in a system in which there a many nodes with which callers and callees are associated. As a call is placed by a subscriber, the routing controller provides a caller identifier and a callee identifier. The process also includes call classification criteria associated with the caller identifier that identifies the call as a public network call or a private network call. The call classification criteria may involve searching a database to locate a record identifying calling attributes associated with a caller that are identified by the caller identifier. Each database record is a dialing profile with a username associated with the caller, a domain associated with the caller, and at least one calling attribute. The attribute might be an international dialing digit, IDD, a national dialing digit, an area code or other pertinent information. For example, the attribute might be a direct in dial (DID) record that associates the caller with a public telephone number. The process and associated apparatus may identify that the information in the dialing profile may need to be reformatted, if the digit count is inappropriate for the call, based upon comparing the number called with the public telephone number of the caller. For example, if a dialing profile included an IDD or NDD that was not needed because the destination of the call was domestic, the process would reformat the information so that it would allow the call to be completed. If, in another case, there was a missing IDD or NDD, the process would add the appropriate code based upon the area code. If the call is identified as a private network call, a routing message is created that identifies an address, on the private network, associated with the callee. Analogously, if the call is classified as a public network call, a routing message is created that identifies a gateway to the public network. When the node associated with the caller is not the same as the node associated with the callee, the process involves producing a routing message including the caller identifier, the reformatted callee identifier and an identification of a private network node associated with the callee and communicating the routing message to a call controller. If the node associated with the caller is the same as the node associated with the callee, the process determines whether to connect the call, forward the call to another party, or block the call and direct the caller to a voicemail server associated with the callee. Producing the routing message may involve producing a routing message having an identification of at least one of the callee identifier, an identification of a party to whom the call should be forwarded and an identification of a voicemail server associated with the callee. Producing a routing message for a call to a public network will identify a gateway to the public network and may involve searching a database of route records associating route identifiers with dialing codes or supplier records to find a route record having a dialing code having a number pattern matching at least a portion of the reformatted callee identifier. The data structure includes master list records with fields for associating a dialing code with respective master list identifiers and supplier list records linked to master list records by the master list identifiers. The supplier list records are database fields for associating with a communications services supplier, a supplier id, a master list id, a route identifier and a billing rate code, so that communications services suppliers are associated with dialing codes, in order that dialing codes can be used to locate suppliers capable of providing a communications link associated with a given dialing code. The routing message is used by a call routing controller as a part of the communications system. The process and associated apparatus may involve loading a routing message buffer with the reformatted callee identifier and an identification of specific routes associated respective ones of the supplier records associated with the route record and loading the routing message buffer with a time value and a timeout value. Page | 5 VPLM00145 2/9/2016 9:34:11 A The process can include various methods for rating, or establishing the cost to be associated with call. These methods include the ability to calculate time, distance and type of communication in order to assign a cost. Calculating the cost per unit cost may involve a database with a markup type indicator, a markup value and a billing pattern and setting a reseller rate equal to the sum of the markup value and the buffer rate. D. SUMMARY OF MAJOR CLAIMS 1. A process for operating a call routing controller to facilitate communication between callers and callees in a system comprising a plurality of nodes with which callers and callees are associated, the process comprising: responding to initiation of a call by a calling subscriber; receiving a caller identifier and a callee identifier; locating a caller dialing profile comprising a username associated with the caller and a plurality of calling attributes associated with the caller; determining a match when at least one of said calling attributes matches at least a portion of said callee identifier; classifying the call as a public network call when said match meets public network classification criteria and classifying the call as a private network call when said match meets private network classification criteria; when the call is classified as a private network call, producing a private network routing message for receipt by a call controller, said private network routing message identifying an address, on the private network, associated with the callee; when the call is classified as a public network call, producing a public network routing message for receipt by the call controller, said public network routing message identifying a gateway to the public network. 27. A non-transitory computer readable medium encoded with codes for directing a processor to execute a method of operating a call routing controller to facilitate communication between callers and callees in a system comprising a plurality of nodes with which callers and callees are associated, the method comprising: responding to initiation of a call by a calling subscriber, receiving a caller identifier and a callee identifier; locating a caller dialing profile comprising a username associated with the caller and a plurality of calling attributes associated with the caller; determining a match when at least one of said calling attributes matches at least a portion of said callee identifier; classifying the call as a public network call when said match meets public network classification criteria and classifying the call as a private network call when said match meets private network classification criteria; when the call is classified as a private network call, producing a private network routing message for receipt by a call controller, said private network routing message identifying an address, on the private network, associated with the callee; and when the call is classified as a public network call, producing a public network routing message for receipt by a call controller, said public network routing message identifying a gateway to the public network. 28. A call routing apparatus for facilitating communications between callers and callees in a system comprising a plurality of nodes with which callers and callees are associated, the apparatus comprising: receiving means for receiving a caller identifier and a callee identifier, in response to initiation of a call by a calling subscriber; means for locating a caller dialing profile comprising a username associated with the caller and a plurality of calling attributes associated with the caller; means for determining a match when at least one of said calling attributes matches at least a portion of said callee identifier; means for classifying the call as a public network call when said match meets public network classification criteria; means for classifying the call as a private network call when said match meets private network classification criteria; means for producing a private network routing message for receipt by a call controller, when the call is classified as a private network call, said private network routing message identifying an address, on the private network, associated with the callee; and means for producing a public network routing message for receipt by a call controller, when the call is classified as a public network call, said public network routing message identifying a gateway to the public network. 41. The apparatus …further comprising searching means for searching a database of records to locate a Direct-InwardDial (DID) bank table record associating a public telephone number with said reformatted callee identifier and wherein said means for classifying the call as a private network call is operably configured to classify the call as a private network call when said DID bank table record is found and said means for classifying the call as a public network call is operably configured to classify the call as a public network call when a DID bank table record is not found. 54. A process for operating a call routing controller to establish a call between a caller and a callee in a communication system, the process comprising: responding to initiation of a call by a calling subscriber, locating a caller dialing profile comprising a plurality of calling attributes associated with the caller; and when at least one of said calling attributes and at least a portion of a callee identifier associated with the callee match and when the match meets a private network classification criterion, producing a private network routing message for receipt by a call controller, said private network routing message identifying an address, on a private network, the address being associated with the callee; and when at least one of said calling attributes and said at least said portion of said callee identifier associated with the callee match and when the match meets a public network classification criterion, producing a Page | 6 VPLM00146 2/9/2016 9:34:11 A public network routing message for receipt by a call controller, said public network routing message identifying a gateway to a public network. 74. A call routing controller apparatus for establishing a call between a caller and a callee in a communication system, the apparatus comprising: a processor operably configured to: access a database of caller dialing profiles wherein each dialing profile associates a plurality of calling attributes with a respective subscriber, to locate a dialing profile associated with the caller, in response to initiation of a call by a calling subscriber; and produce a private network routing message for receipt by a call controller, said private network routing message identifying an address, on a private network, through which the call is to be routed, when at least one of said calling attributes and at least a portion of a callee identifier associated with the callee match and when the match meets a private network classification criterion, the address being associated with the callee; and produce a public network routing message for receipt by a call controller, said public network routing message identifying a gateway to a public network, when at least one of said calling attributes and said at least said portion of said callee identifier associated with the callee match and when the match meets a public network classification criterion. 77. [An] apparatus …wherein said processor is further configured to: access the database of caller dialing profiles to locate a callee dialing profile for the callee when said callee identifier identifies a callee that is associated with the same network node as said caller; and retrieve call handling information associated with the callee, where said call handing information is available, said call handing information including at least one of call blocking information, call forwarding information, and voicemail information. 93. A call routing controller apparatus for establishing a call between a caller and a callee in a communication system, the apparatus comprising: means for accessing a database of caller dialing profiles wherein each dialing profile associates a plurality of calling attributes with a respective subscriber, to locate a dialing profile associated with the caller, in response to initiation of a call by a calling subscriber; and means for producing a private network routing message for receipt by a call controller, said private network routing message identifying an address, on a private network, through which the call is to be routed, when at least one of said calling attributes and at least a portion of a callee identifier associated with the callee match and when the match meets a private network classification criterion, the address being associated with the callee; and means for producing a public network routing message for receipt by a call controller, said public network routing message identifying a gateway to a public network when at least one of said calling attributes and said at least said portion of said callee identifier associated with the callee match and when the match meets a public network classification criterion. 96. [An] apparatus …further comprising: means for accessing the database of caller dialing profiles to locate a callee dialing profile for the callee when said callee identifier identifies a callee that is associated with the same network node as said caller; and means for retrieving call handling information associated with the callee, where said call handing information is available, said call handing information including at least one of call blocking information, call forwarding information, and voicemail information. E. SUMMARY OF MAJOR PRIOR ART The graph below lists some of the more pertinent patents located during the prior art search and describes how said patents are distinguished from patent US 8,542,815. The patents are organized first by their US patent number in ascending order followed by their publication numbers from other jurisdictions. In cases where there was not a patent granted, other US patent publications will follow the granted patents. Also, any foreign patents, without US filings, are listed in alphabetical and numerical ascending order. Patent Dates Distinguished US7400881, CN101069390A, CN101069390B, EP1829300A1, EP1829300A4, EP1829300B1, US20060142011, Priority date Dec 23, 2004 US 7400881 teaches a method for routing calls and messages in a communication system. A mobile station registers to a call control node using a logical name. The logical name is mapped in a directory to an international mobile subscriber identity. The call control node performs a location update to a home location register using the international mobile subscriber identity. The mobile station is reached using a called party number. As a terminating call or Filing date Apr 14, 2005 Page | 7 VPLM00147 2/9/2016 9:34:11 A WO2006067269A1 Pub date Jul 15, 2008 message is received to a core network, a roaming number is allocated for the mobile station, and the call or message is routed to the call control entity currently serving the mobile station. This patent does not anticipate US 8,542,815. Although the international mobile subscriber identity taught in US 7400881 involves a database with some limited resemblance to the caller dialing profiles of US 8,542,815 , the information in the database record is far less comprehensive than that of patent US 8,542,815 and the use of the database solely involves allocating a roaming local number to allow for local rates to be charged to the subscriber. It anticipates none of the routing, rating or billing systems of US 8,542,815 . US 7664495, US20100105379 Priority date Apr 21, 2005 US 7664495 teaches systems and methods that provide a single E.164 number for voice and data call redirection and telephony services such as caller identification, regardless of in which type of network a dual mode mobile device operates. When the dual mode device registers and is active in a GSM network, temporary routing and status updates are triggered and resultant information is maintained in both networks. A mobile terminated call is routed through an enterprise WLAN with call control within the enterprise being handled by SIP or H.323 signaling, and the call is redirected to the mobile device in the GSM network, where call control is assumed by the SS7 network. Services are provided using the protocols native to the active network, and the single E.164 is used consistently along with or lieu of the temporary routing information for subscriber identity specific functions, such as caller identification and voice mail. The use of a single E.164 number for a dual mode mobile device has some similarity to the assignment of a single number in US 8,542,815, but the nature of the database and the interoperability of the system are significantly different that the methods and functions disclosed in the instant patent. Filing date Dec 5, 2005 Publication date Feb 16, 2010 US7068668, US7068668, US7486667, US8125982, US8724643, US20030095539, US20060251056, US20090129566, US20120113981, US20140211789 US8204044, CN101095329A, CN101095329B, CN102833232A, DE112005003306T5, US7593390, US8605714, Priority date Jan 7, 2000 Filing date Jan 7, 2000 Publication date Jun 27, 2006 Priority date Dec 30, 2004 Filing date Sep 21, 2009 A real-time interface between the public switched telephone network (PSTN) and an Internet Protocol (IP) network provides voice to data and data to voice conversion between the PSTN and the IP network in a seamless process. The interface, a central communication network, performs Class 5 switching between the PSTN and the IP network, besides providing enhanced services. Receiving a call, the central communication network simultaneously routes the call to a plurality of preprogrammed numbers on the PSTN and on the IP network. This patent does provide a real-time interface between a PSTN and an IP system, but the role of stored number is to facilitate group broadcast through a centralized server. There is no equivalent to the dialing profile of US 8,542,815, nor to the purposes and effects of the interoperable systems it provides. The method includes receiving a request from a first mobile device to invite a second mobile device to participate in a VoIP session. The second device may be identified in the request by a network identifier. The network identifier is related to a mobile IP (MIP) address of the second device and a second IP address. An invitation is sent to the MIP address of the second device which may include a MIP address of the first device and a first IP address. A response to Page | 8 VPLM00148 2/9/2016 9:34:11 A US20060146797, US20100008345, US20120250624, WO2006072099A1, US 7995589, EP1266516A2, EP1266516B1, US6934279, US20060007940, WO2001069899A2, WO2001069899A3 Publication date Jun 19, 2012 Priority date Mar 13, 2000 Filing date Aug 23, 2005 Publication date Aug 9, 2011 the invitation may be received from the second device. The response may be modified to include a first IP header that includes the MIP address of the second device and a second IP header to include the second IP address. The modified response is forwarded to the first device. After receipt of the modified response, the first device is configured to establish an IP connection for VoIP communication with the second device. This patent uses a “network identifier” related to the mobile IP address which appears to serve one of the functions of the dialing profile of the instant patent. However, the network identifier is, at most, a single element of the database that comprises the dialing profile. Functionally this patent suggests only a small part of the routing and none of the rating and billing disclosed in US 8,542,815. A method and apparatus of communicating over a data network includes providing a user interface in a control system for call control and to display information relating to a call session. The control system communicates one or more control messages (e.g., Session Initiation Protocol or SIP messages) over the data network to establish a call session with a remote device in response to receipt of a request through the user interface. One or more commands are transmitted to a voice device associated with the control system to establish the call session between the voice device and the remote device over the data network. A Real-Time Protocol (RTP) link may be established between the voice device and the remote device. This patent does not anticipate the sophisticated database and the associated routing, billing and rating functions of US 8,542,815. F. ADDITIONAL SOURCES CONSIDERED Lin, Yi-Bing, Whai-En Chen, and C-H. Gan. "Effective VoIP call routing in WLAN and cellular integration." Communications Letters, IEEE 9.10 (2005): 874-876. Meddour, Djamal-Eddine, et al. "SINR-based routing in multi-hop wireless networks to improve VoIP applications support." Consumer Communications and Networking Conference, 2007. CCNC 2007. 4th IEEE. IEEE, 2007. Sripanidkulchai, Kunwadee, Zon-Yin Shae, and Debanjan Saha. "Call routing management in enterprise VoIP networks." Proceedings of the 2007 SIGCOMM workshop on Internet network management. ACM, 2007. G. ANALYSIS Patent US 8,542,815 is not anticipated by the reviewed prior art which involved routing, billing and rating of VoIP telephony and interoperability of VoIP, cellular telephony and PSTN by routing that involves a database that associates the subscriber with a DID number, a local relay and other routing information. Some patent publications teach methods to associate IP telephony with a DID number. Other publications teach methods to route cellular communication using stored routing information. None include the sophisticated database and associated routing, billing and rating structures taught by US 8,542,815, nor has the prior art review suggested any likelihood that the innovations taught by US 8,542,815 would be considered “obvious” extensions of the prior art. Page | 9 VPLM00149 2/9/2016 9:34:11 A US PATENT 8,422,507: LAWFUL INTERCEPT Publication date Filing date Priority date Apr 16, 2013 Nov 29, 2007 Nov 29, 2006 A. SCOPE OF SEARCH 1. The prior art search comprises the period between the filing dates 1990 and 2007. The date 1990 began the search period because VoIP was developed in conjunction with the commercialization of internet in the 1990s. The end date 2007 was selected as the filing date cutoff because the priority date listed on US Patent 8,422,507 is November 29, 2006 and in order to predate the priority date and qualify for patent protection an applicant would need to file within a year of public disclosure under pre and post-Leahy Smith America Invents Act 35 USC 102(b). 2. The search included the search engines of the World Intellectual Property Organization (WIPO), Google Patent, Google Scholar and the United States Patent and Trademark Office. The search terms comprise, in various combinations, the following terms: intercepting, VoIP, data, media, communications. The prior art search further comprises a review of patent citations and references from pertinent patents, found in the word searches, to capture any additional patent publications not captured in the word searches including broadening reissue patents. 3. The search included all US, CA and European patents and applicable professional/technical articles identified by the Google Patent search strings which dealt with VoIP and other data communication intercepts. B. FIELD OF THE INVENTION AND RELATED ART 1. Field of Invention This invention relates to data communications and methods and apparatus for intercepting data communications, particularly voice over IP data communications, in an IP network. 2. Description of Related Art Legal Surveillance. The term "lawful intercept" is used to describe a procedure which allows law enforcement agencies to perform electronic surveillance of telecommunications. Within the framework of traditional telecommunications networks, such as, for example, the Public Switched Telephone Network (PSTN) or cellular networks, lawful intercept generally presents a purely economic problem for the service providers that have to ensure that sufficient interception equipment and dedicated links to the law enforcement agencies have been deployed to satisfy lawful intercept requirements mandated by law. In the context of Voice over Internet Protocol (VoIP) communications, in addition to the economic problems mentioned above, lawful intercept presents significant technological challenges which often make compliance with legally mandated lawful intercept requirements exceedingly difficult. Technological Problems Associated with Lawful Intercept of VoIP Telephony. Traditional telecommunications networks are "connection-oriented" or "circuit-switched". Once the circuit is established, all communications traverse from end to end. Interception of such communications is easy as the service provider can "tap" the circuit at any point in the network that is under its lawful control. Connectionless VoIP Networks. In contrast to circuit-switched networks, IP-based networks are "connectionless" by design. A connectionless IP network essentially comprises a plurality of interconnected Page | 10 VPLM00150 2/9/2016 9:34:11 A network devices (routers) which establish a plurality of paths from any point on the network to any other point. Packetized Data. Information that needs to traverse an IP network is divided into small "packets", each one comprising an IP header containing source and destination addressing information, and service flags; and user payload.. Hop by Hop Path. The specific path that each packet in a communication between parties takes across an IP network is not determined in advance such as in a circuit-switched network. The path is defined on a hop-byhop basis (router-by-router), each router at which the packet arrives examines the source and destination addresses contained in the IP header and applies a number of service variables such as hop-count (number of routers between the current router and the destination), latency and bandwidth of available links, and administrative considerations such as inter-provider agreements, to determine the next hop to which the packet will be forwarded. Impossibility of Determining VoIP Paths in Advance. Because the service variables change dynamically, for example in response to a failure of a link in the network, the available paths may change significantly and it is impossible to reliably predict the path or paths that the packets that comprise a specific a specific communication will traverse. User Datagram Protocol (UDP) Encapsulated IP Packets of Audio Information. The problem of lawful intercept in VoIP systems is further exacerbated by the distributed technologies often utilized in such systems. While a VoIP caller typically communicates with a VolP call controller to facilitate the connection to the VoIP callee, the actual communication between the parties typically occurs by establishing a direct IP connection between them using the User Datagram Protocol (UDP) to encapsulate audio information into IP packets. UDP Packets May Take Any Available Path. These packets may take any available path across the IP network as described above. Even if a service provider could place an interception device at every point in the network through which a subscriber's packet could traverse, in order to provide a useful copy of the communication to a law enforcement agency, the service provider would have to reassemble all of the intercepted packets at a single device and only then pass the result to the law enforcement agency. C. SUMMARY OF THE INVENTION The invention provides methods and apparatuses for intercepting communications in an Internet Protocol (IP) network. Dialing Profiles with a Unique Username for Each Subsciber. The method involves maintaining dialing profiles for respective subscribers to the IP network, each dialing profile including a username associated with the corresponding subscriber. Associating Intercept Information with the Dialing Profile. The method also involves associating intercept information with the dialing profile of a subscriber whose communications are to be monitored. Intercept Information Includes Criteria for Intercept and Destination. The intercept information, including determination information for determining whether to intercept a communication involving the subscriber and destination information identifying a device to which intercepted communications involving the subscriber are maintained. When the Criteria are met, the Information is sent to a Media Relay. When the determination information meets intercept criteria, the information is sent to a media relay through which the communications involving the subscriber will be conducted or are being conducted to cause the media relay to send a copy of the communications to a mediation device specified by the destination information. Page | 11 VPLM00151 2/9/2016 9:34:11 A Intercept information is Associated with the Dialing Profile. Associating intercept information may involve associating the intercept information with the dialing profile when communications involving the subscriber are either in or not in progress. Determination of Information that Meets the Intercept Criteria Produces a Routing Message. The method involves producing a routing message for routing communications involving the subscriber through components of the IP network and determining whether the determination information meets the intercept criteria prior to producing the routing message and including at least some of the intercept information in the routing message when the determination information meets the intercept criteria. The Routing Message Results in Communications Being Conducted Through a Pre-associated Media Relay. The method involves identifying and associating a media relay through which communications involving the subscriber will be conducted in response to the routing message. The method may involve invoking an intercept request message handler to find a dialing profile associated with the subscriber whose communications are to be monitored, and to perform the step of associating the intercept information with the dialing profile, and to determine whether the intercept criteria are met, and identify a media relay through which the communications are being conducted. The method may involve maintaining active call records for communications in progress, and the active call records may include a username identifier and a media relay identifier identifying the media relay through which the communications are being conducted and identifying a media relay through which the communications are being conducted may involve locating an active call record associated with communications of the subscriber whose communication are to be monitored to find the media relay associated with the communications. DID Records Associating PST Numbers with Usernames and Dialing Profiles are Stored.. The method may involve maintaining direct-inward-dialing (DID) records associating PST telephone numbers with usernames of users subscribing to the IP network, and finding a dialing profile associated with the subscriber whose communications are to be monitored may involve finding a username in a DID record bearing a PSTN number associated with the subscriber whose communications are to be monitored. The username may be used to locate a dialing profile associated with the username. The Interceptions, Data Associations, Media Gateway and Routing Functions May be Implemented in an Apparatus. In accordance with another aspect of the invention, there is provided an apparatus for intercepting communications in an Internet Protocol (IP) network. The apparatus includes provisions for maintaining dialing profiles for respective subscribers to the IP network, each dialing profile including a username associated with the corresponding subscriber. The apparatus also includes provisions for associating intercept information with the dialing profile of a subscriber whose communications are to be monitored, the intercept information including determination information for determining whether to intercept a communication involving the subscriber, and destination information identifying a device to which intercepted communications involving the subscriber are to be sent. The apparatus further includes provisions for communicating with a media relay through which the communications involving the subscriber will be conducted or are being conducted to cause the media relay to send a copy of the communications to a mediation device specified by the destination information, when the determination information meets intercept criteria. By employing a media relay, all VoIP communications traverse a point in the VoIP system that is under a provider's control and at which the communications can be copied in real-time to a mediation device that passes the intercepted communication to a law enforcement agency. By maintaining dialing profiles for respective subscribers and associating intercept information of the type described, with the dialing profiles of subscribers whose communications are to be monitored, the dialing profile can serve as the source of determination information for determining whether or not communications involving the subscriber will be monitored and for providing destination information for specifying where the copy of the communications is to be sent. Use of the dialing profile in this manner easily facilitates the dialing profile to be considered a respository for intercept information for a given subscriber and this respository can be addressed whether a call is being initiated or in progress, thereby simplifying control algorithms because they can cooperate with a common source and format of data in the dialing profile. Page | 12 VPLM00152 2/9/2016 9:34:11 A D. SUMMARY OF MAJOR CLAIMS 1. A method for intercepting communications in an Internet Protocol (IP) network system in which communications occur through a media relay, the method includes: determining whether information associated with a subscriber dialing profile meets intercept criteria. When the information meets the intercept criteria, the same media relay through which communications are relayed produces a copy of the communications and sends it to a mediation device which is identified by information in the subscriber’s dialing profile. 2. The method… in which a routing message identifies a media relay through which communications involving the subscriber will be conducted and includes an identification of the media relay in the routing message, so that the identified media relay acts as the relay through which communications between the subscriber and the another party are relayed. 3. The method … in which determination information and destination information are associated with the dialing profile of the subscriber, the intercept request message includes the determination information and the destination information. 9. The method …involving an intercept request message handler which: a) finds a dialing profile associated with the subscriber whose communications are to be monitored; b) associates the determination information and the destination information with the dialing profile; c) determines whether the intercept criteria are met; and d) identifies a media relay through which the communications between the subscriber and the another party are relayed. 11. The method …in which the dialing profile includes a username identifier and maintains active call records for communications in progress. The active call record includes a username identifier and a media relay identifier that identifies the media relay through which the communications are being conducted. 12. The method of claim 11, in which direct-in-dial (DID) records associate Public Switched Telephone Network (PSTN) telephone numbers with the usernames of subscribers so that the PSTN telephone number can be used to locate the dialing profile of a subscriber by referencing the DID records to locate the dialing profile associated with the username. 13. The method of claim 3, in which determination information and destination information is included in intercept information fields in the dialing profile of a subscriber whose communications are to be monitored. 14. An apparatus for intercepting communications in an Internet Protocol (IP) network. The apparatus includes: a. means for accessing dialing profiles of subscribers of the IP network. i. The subscriber dialing profiles include intercept information comprised of: 1. determination information, which determines whether a call meets the criteria for monitoring and 2. destination information which identifies a mediation device to which intercepted communications are sent; b. means for determining whether the determination information meets intercept criteria; c. means for producing a separate routing message, which includes some of the determination and destination information, for routing communications involving the subscriber through components of the IP network after determining that the determination information meets the intercept criteria, d. means for, in response to the routing message, causing the same media relay through which communications between the subscriber and the another party are relayed to produce a simultaneous copy of the communications between the subscriber and the another party, and e. means for, in response to the routing message, causing the same media relay to send the copy of the communications to a mediation device identified by the destination information. 27. An apparatus for intercepting communications in an Internet Protocol (IP) network, the apparatus comprising: a module configured to access dialing profiles associated with respective subscribers of the IP network, at least one of the dialing profiles being associated with a subscriber whose communications are to be monitored, the dialing profile of the subscriber whose communications are to be monitored including intercept information including determination information for determining whether to intercept a communication involving the subscriber, and destination information identifying a mediation device to which intercepted communications involving the subscriber are to be sent; a module configured to determine whether the determination information meets intercept criteria; a module configured to produce a routing message for routing communications involving the subscriber through components of the IP network, after the determining module has determined that the determination information meets the intercept Page | 13 VPLM00153 2/9/2016 9:34:11 A criteria, the routing message being separate from any message sent between the subscriber and the another party, and the routing message including at least some of the determination information and destination information associated with the subscriber dialing profile; a module configured to cause, in response to the routing message, the same media relay through which communications between the subscriber and the another party are relayed to produce a copy of the communications between the subscriber and the another party, while the media relay relays the communications between the subscriber and the another party; and a module configured to cause, in response to the routing message, the same media relay to send the copy of the communications to a mediation device identified by the destination information. E. SUMMARY OF MAJOR PRIOR ART The graph below lists some of the more pertinent patents located during the prior art search and describes how said patents are distinguished from patent US 8,422,507. The patents are organized first by their US patent number in ascending order followed by their publication numbers from other jurisdictions. In cases where there was not a patent granted, other US patent publications will follow the granted patents. Also, any foreign patents, without US filings, are listed in alphabetical and numerical ascending order. Patent US 20040202295, DE60201827D1, DE60201827T2, EP1389862A1, EP1389862B1 Dates Priority Date Aug 8, 2002 Filing date Jul 25, 2003 Pub Date Oct 14, 2004 Distinguished US Patent Application 20040202295 provides an excellent summary of the prior art with respect to undetectable lawful intercept of IP signals at the time of its publication in 2004. Its teachings include modification of the Session Description Protocol (SDP) to allow a marker in a message to be intercepted to be identified by a Session Initiation Protocol (SIP) proxy server or an Media Gateway Controller (MGC). If the marker is detected by the SIP server or the MGC, then an additional set of instructions must be generated by the identifying device to instruct a Real-time Transport Protocol (RTP) proxy server to create channels to bypass a media stream to be intercepted via an intermediate storage medium. It does not described the method for modification of the SDP marker, does not identify methods for the storage of data associated with the unidentified markers, nor does it identify the method of determination that identifies whether the call to be monitored meets criteria. US 8,422,507, by contrast, teaches a method and an apparatus that allow the creation of dialing profiles with unique usernames and other data elements and associations for each subscriber. The dialing profiles include intercept information, including determination information for determining whether to intercept a communication involving the subscriber, destination information identifying a mediation device to which intercepted communications involving the subscriber are to be sent, a module configured to determine whether the determination information meets intercept criteria, a module configured to produce a separate routing message for routing communications involving the subscriber through specific pre-associated media relay to ensure that all VoIP communications traverse a point in the VoIP system that is under a provider's control and at which the communications can be copied in real-time to a mediation device that passes the intercepted communication to a law enforcement agency. US 8,422,507 may further include provisions for maintaining direct-inwarddialing (DID) records associating PST telephone numbers with usernames of users subscribing to the IP network, and the provisions for finding a dialing Page | 14 VPLM00154 2/9/2016 9:34:11 A profile associated with the subscriber whose communications are to be monitored may be operably configured to find a username in a DID record bearing a PSTN number associated with the subscriber whose communications are to be monitored and use the username to locate a dialing profile associated with the username. By maintaining dialing profiles for respective subscribers and associating intercept information of the type described, with the dialing profiles of subscribers whose communications are to be monitored, the dialing profile can serve as the source of determination information for determining whether or not communications involving the subscriber will be monitored and for providing destination information for specifying where the copy of the communications is to be sent. Use of the dialing profile in this manner easily facilitates the dialing profile to be considered a respository for intercept information for a given subscriber and this repository can be addressed whether a call is being initiated or in progress, thereby simplifying control algorithms because they can cooperate with a common source and format of data in the dialing profile. Priority Date Aug 18, 1999 US6553025 Filing Date Aug 18, 1999 Pub Date Apr 22, 2003 Priority Date Aug 18, 1999 US6560224 Filing Date Aug 18, 1999 Pub Date May 6, 2003 Priority Date Jul 2, 1999 US6650641, US6985440 Filing Date July 2, 1999 Pub Date Nov 18, 2003 Priority Date Jun 6, 2001 US6993015, US20020018445 Filing Date June 6, 2001 Pub Date Jan 31, 2006 Multiple routing and automatic network detection of a monitored call from an intercepted targeted IP phone to multiple monitoring locations. Teaches creating an IP phone monitor center (IPMC). It requires the intercept to occur as close to the target phone as possible, since there is no uniform way to identify the caller. It also lacks any system of classification Automatic IP directory number masking and dynamic packet routing for IP phone surveillance. Requires an IP Address Mapping check Point without teaching a method to accurately intercept or classify calls. Network address translation using a forwarding agent. Somewhat more sophisticated than the two previous patents, it teaches the need for two-way communication and classification, but does not provide for the seamless intercept and data storage of US 8,422,507 Apparatus for intercepting communication data in a packet network . While the communication terminal apparatus is executing voice communication with another communication terminal apparatus, the communication intercepting apparatus transmits a monitor request signal to the communication terminal apparatus which then instructs the terminal apparatus to store a copy of the transmission for later delivery to the intercepting apparatus. Lacks synchronous monitoring. Page | 15 VPLM00155 2/9/2016 9:34:11 A Priority Date Apr 7, 2000 US7006508, US20020051518 US7151772, CA2218218A1, EP0841832A2, EP0841832A3, US20030012196 US20010052081 Filing Date Apr 5, 2001 Pub Date Feb 28, 2006 Priority Date Nov 8, 1996 Filing Date Dec 22, 1999 Pub Date Dec 19, 2006 Priority Date Apr 7, 2000 Filing Date Apr 5, 2001 Pub Date Dec 13, 2001 US20030179747, CA 2437275A1, DE60133316D1, DE60133316T2, EP1362456A2, EP1362456A4, EP1362456B1, WO2002082782A2, WO2002082782A3 Priority Date Oct 10, 2000 Filing Date Oct 9, 2001 Filing Date Feb 12, 2003 Pub Date Nov 27, 2003 Priority Date Feb 24, 2003 US20040165709 Filing Date Feb 24, 2003 Pub Date Aug 26, 2004 Priority Date Oct 21, 2002 US20040203582, US 6963739 Method for performing lawfully-authorized electronic surveillance. A call associated with a first party to be surveilled is verified, on a per-call basis. Packets associated with the call are multicast to a second party and to a surveillance receiver. Uses a rudimentary approach to rebroadcast intercepted call. Communication network with a service agent element and method for providing surveillance services. A surveillance server responds to trigger information to establish communications surveillance. Early discussion of SIP-like information. Surveillance occurs by stripping the header from a packet, replicating the payload and adding a second header to replicated payload. Early method for rebroadcasting message. Pub Date Sep 25, 2003 Priority Date Feb 12, 2002 US20030219103, US7277528 Communication network with a collection gateway and method for providing surveillance services. Communication surveillance to be established by creating duplicate bearer packets of data packets carrying the communicated data between the parties. Has very limited definition of data structures or apparatus. Filing Date Oct 21, 2002 Pub Date Oct 14, 2004 Call-content determinative selection of interception access points in a soft switch controlled network. By selecting access points specific to the various components of call-content of a call, a monitoring agency is ensured of obtaining the call-content of each participant in telephone call. Primarily a soft-switched system for classification. Stealth interception of calls within a VoIP network. Soft switch based system. Soft Switch by provider that offers IP based telephony over a packet network. Packet Interceptors are deployed in a packet network to non-intrusively monitor the signaling and media packets. Focuses primarily on the nature of the interceptors. Method and apparatus for providing information intercept in an ad-hoc wireless network . A reporting mobile station operating in an ad-hoc wireless network, receives designation information identifying a target mobile station, and stores the designation information. The reporting mobile station then detects a communication from the target mobile station, and stores information about the communication. Rudimentary employment of a database. Page | 16 VPLM00156 2/9/2016 9:34:11 A US7738384, US7965645, US20090268615, US20100246589 US8024785, CN1010 05503A, CN101005503B, US20070174469 Priority Date Mar 23, 2004 Filing Date Dec 1, 2004 Pub Date Jun 15, 2010 Priority Date Jan 16, 2006 Filing Date Jan 5, 2007 Pub Date Sep 20, 2011 Priority Date Jun 22, 2006 US8050273, US2007 0297376 US8427981, EP2127232A1, EP2127232A4, US20080205378, US20120195415, WO2008103652A1 US8625578, US7797459, US20080056243 Systems and methods for accessing voice transmissions. This extends US 20040202295 to include multiple telephony platforms and identification through IP address, a telephone number, or a uniform record locator. Does not have the dialing profile with the associated intercept information, destination information and relay. Method and data processing system for intercepting communication between a client and a service Teaches a method that involves an identifying token that allows identification of a communication to be monitored. Lacks database dialing profile with the associated intercept information, destination information and relay. Lawful interception in IP networks. Teaches a method based upon creating a virtual local network in which the object of the surveillance is included. Filing Date Jun 22, 2006 Pub Date Nov 1, 2011 Priority Date Feb 23, 2007 System and method for recording and monitoring communications using a media server. Mimics phone tapping techniques. Filing Date Feb 23, 2007 Pub Date Apr 23, 2013 Priority Date Feb 11, 2003 Filing Date Oct 29, 2007 Pub Date Jan 7, 2014 Access independent common architecture for real-time communications services for networking environments. Inter-architecture network utilizing a single protocol, a plurality of border elements in communication with the inter-architecture network and with an external network. Lacks database dialing profile with the associated intercept information, destination information and relay. F. ADDITIONAL SOURCES CONSIDERED Baker, F., B. Foster, and C. Sharp. "Cisco Support for Lawful Intercept In IP Networks." Date Accessed 28 (2003). Baker, Fred, Bill Foster, and Chip Sharp. "Cisco architecture for lawful intercept in IP networks." Internet Engineering Task Force, RFC 3924 (2004). Thernelius F: "SIP, NAT, and Firewalls” Master's Thesis, Kungst Tekniska Hoegskolan, Department of Teleinformatics-Ericsson, May 2000, Describes a method for performing SIP signaling for a media stream is disclosed. The method includes receiving a SIP invite message of a first IP party, adapting at least one connection parameter in the SDP of the received SIP invite message, transmitting the adapted SIP invite message to a second IP party, receiving a SIP response message from the second IP party, adapting at least one connection parameter in the SDP of the received SIP response message, and transmitting the adapted SIP response message to the first IP party. Page | 17 VPLM00157 2/9/2016 9:34:11 A G. ANALYSIS Patent US 8,422,507 is not anticipated by the prior art reviewed which involved lawful intercepts of VoIP telephony. Nor has the prior art review suggested any likelihood that the innovations taught by US 8,422,507 would be considered “obvious” extensions of the prior art. Page | 18 VPLM00158 2/9/2016 9:34:11 A US PATENT 8,537,805: EMERGENCY ASSISTANCE CALLING FOR VOIP COMMUNICATIONS Publication date Sep 17, 2013 Filing date Mar 20, 2008 Priority date Mar 26, 2007 A. SCOPE OF SEARCH 1. The prior art search comprises the period between the filing dates 1990 and 2008. The date 1990 began the search period because VoIP was developed in conjunction with the commercialization of internet in the 1990s. The end date 2008 was selected as the filing date cutoff because the priority date listed on US Patent 8,537,805 is March 26, 2007 and in order to predate the priority date and qualify for patent protection an applicant would need to file within a year of public disclosure under pre and post-Leahy Smith America Invents Act 35 USC 102(b). 2. The search included the search engines of the World Intellectual Property Organization (WIPO), Google Patent, Google Scholar and the United States Patent and Trademark Office. The search terms comprise, in various combinations, the following terms: VoIP, emergency calls, call back, and profiles. The prior art search further comprises a review of patent citations and references from pertinent patents, found in the word searches, to capture any additional patent publications not captured in the word searches including broadening reissue patents. 3. The search included all US, CA and European patents and applicable professional/technical articles identified by the Google Patent search strings which dealt with VoIP and other data communication intercepts. B. PATENT RELATED ART SUMMARY AND CLAIMS 1. Field of Invention This invention relates to emergency calls to Emergency Response Centers (ERCs) involving callers using VoIP and more specifically the ability for ERCs to call back callers regardless of whether the callers have pre-associated direct inward dialing (DID) or not. 2. Description of Related Art A feature common of PSTN telephony is that subscribers can make an emergency call using a universal number in order to reach ERCs (e.g. 911). Because of the architecture of PSTN telephony, a caller is routed to the nearest ERC with the caller’s phone number and location in compliance with E911 standard. Said standard has been mandated for PSTN and cellular carriers in North America and other jurisdictions. The inclusion of the phone number and location enable ERC operators to direct safety personnel to the location of the caller and call back the caller if the telephony connection becomes disconnected. Given the nonhierarchical architecture of VoIP networks, the implementation of E911 in VoIP requires a means to route the number to nearest ERC, locate the caller, and provide a call back number that is not inherent in the VoIP technology. Page | 19 VPLM00159 2/9/2016 9:34:11 A C. SUMMARY OF THE INVENTION Some of the preferred embodiments of the invention comprise a process and an apparatus by which a caller can make an emergency call using VoIP. This apparatus and process involve receiving a routing request message including a caller identifier and a callee identifier. Said callee identifier matches an emergency call identifier pre-associated with the caller which sets an emergency call flag. Setting the emergency call flag may retrieve a dialing profile preassociated with the caller, and this dialing profile may have a field with emergency call center identifier. The process and apparatus determine whether the caller identifier is associated with a pre-associated direct inward dialing (DID) identifier or whether the caller needs to be associated with a temporary DID identifier. This may entail searching a DID database to determine whether a caller identifier is pre-associated with DID identifier or not. If the caller identifier is not pre-associated, the caller identifier may be associated with a temporary DID identifier from a pool of pre-determined DID identifiers. This temporary DID identifier may be canceled after a pre-defined time. The process and apparatus further produce a routing message including the emergency response center identifier and the temporary or pre-associated DID identifier for receipt by a routing controller operable to cause a route to be established between the caller and the emergency response center. The routing message may include the DID identifier and the emergency response center identifier. The routing message may further specify the emergency call’s maximum time which exceeds an average non-emergency call time. D. SUMMARY OF MAJOR CLAIMS 1. A process for handling emergency calls from a caller in a voice over IP system, the method comprising: receiving a routing request message including a caller identifier and a callee identifier; retrieving a dialing profile associated with the caller, said dialing profile including an emergency call identifier field and an emergency response center identifier field; setting an emergency call flag active when the contents of said emergency call identifier field of said dialing profile match said callee identifier; determining whether said caller identifier is associated with a pre-associated direct inward dial (DID) identifier by searching a DID database for a DID record associating a DID identifier with said caller and determining that said caller identifier is associated with a pre-associated DID identifier when said record associating a DID identifier with said caller is found and determining that said caller identifier is not associated with a pre-associated DID identifier when a record associating a DID identifier with said caller is not found; producing a DID identifier for said caller by: associating a temporary DID identifier with said caller identifier when said emergency call flag is active and it is determined that said caller has no pre-associated DID identifier; and using said pre-associated DID identifier as said DID identifier for said caller when said emergency call flag is active and it is determined that said caller has a pre-associated DID identifier; producing a routing message for receipt by a call controller operable to cause a route to be established between the caller and an emergency response center, said routing message including: an emergency response center identifier from said emergency response center identifier field of said dialing profile associated with the caller, said emergency response center identifier being associated with said emergency response center, and said DID identifier. 11. An apparatus for handling emergency calls from a caller in a voice over IP system, the apparatus comprising: means for receiving a routing request message including a caller identifier and a callee identifier; Page | 20 VPLM00160 2/9/2016 9:34:11 A means for retrieving a dialing profile associated with the caller, said dialing profile comprising an emergency call identifier field and an emergency response center identifier field; means for setting an emergency call flag active when the contents of an emergency call identifier field of said dialing profile match said callee identifier; means for determining whether said caller identifier is associated with a pre-associated direct inward dial (DID) identifier by searching a database for a DID record associating a DID identifier with said caller and for determining that said caller identifier is associated with a pre-associated DID identifier when said record associating a DID identifier with said caller is found and for determining that said caller identifier is not associated with a pre-associated DID identifier when a record associating a DID identifier with said caller is not found; means for producing a DID identifier for said caller comprising: means for associating a temporary DID identifier with said caller identifier when said emergency call flag is active and it is determined that said caller has no pre-associated DID identifier; and means for causing said pre-associated DID identifier to be used as said DID identifier for said caller when said emergency call flag is active and it is determined that said caller has a pre-associated DID identifier; means for producing a routing message for receipt by a call controller operable to cause a route to be established between the caller and an emergency response center, said routing message including: an emergency response center identifier from said emergency response center identifier field of said dialing profile, said emergency response center identifier being associated with said emergency response center, and said DID identifier. E. SUMMARY OF MAJOR PRIOR ART The graph below lists some of the more pertinent patents located during the prior art search and how said patents are distinguished from patent US8537805. The patents are organized first by their US patent number in ascending order followed by their concomitant publication numbers from other jurisdictions. In cases where there was not a patent granted, other US patent publication will follow the granted patents. Also, foreign patents, without US filings, are listed in alphabetical and numerical ascending order. Patent Dates US6775534 B2, US20020002041, Priority Date WO2001080587A 1 Filing Date Apr 13, 2001 Pub Date Aug 10, 2004 US7027564 B2, US7944909, Priority Date US8437340, US20050063519, Filing Date US20070253429, US20110176541 Sep 22, 2003 Pub Date Distinguished US6775534 B2 teaches a method involving network node for use in a packet data communications network which can detect an emergency call indication in a received session activation request and to set up a call even if normal call setup criteria are not met wherein said node is a SGSN element and wherein said SGSN element further adapted to create a packet session with a GGSN, including a further emergency call indication. This patent does not anticipate US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier or temporarily assigning a DID identifier and then where the caller does not have a pre-associated DID identifier. US7027564 B2 teaches a method and apparatus for supporting enhanced 911 (E911) emergency services for VoIP where a network is communicatively coupled to an E911 database management system, a network access device, and a VoIP telephone communicatively coupled to an input port of the network access device. The network access device is adapted to assign a physical location identifier to an input port, receive a unique device identifier from the VoIP telephone, and transmit the Page | 21 VPLM00161 2/9/2016 9:34:11 A Apr 11, 2006 location identifier and the unique device identifier to the E911 database management system. The E911 database management system is permitted to store the physical location identifier in association with the unique device identifier. This is not anticipatory to US8537805 because it does not teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US7177399 B2, EP1721446A1, Priority Date US20050190892, WO2005084002A Filing Date US7177399 B2 teaches a method to route and send location information about an emergency call made from VoIP communications to an emergency service network node. This is not anticipatory to US8537805 because it does not teach how to callback a VoIP caller from an ERC nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. Jun 4, 2004 1 Pub Date Feb 13, 2007 US7440442 B2 Priority Date EP1526697A2, EP1526697A3, Filing Date US8027333, US8509225, Oct 21, 2003 US20050083911, US20090003535, Pub Date Oct 21, 2008 US20110267986 US7565131 B2, Priority Date US20060205383 Filing Date Mar 8, 2005 Pub Date US7573982 B2, US8462915, US20060078094, US20090296900, US20130272297 Filing Date Oct 12, 2004 Pub Date Aug 11, 2009 US7440442 B2 teaches a method of providing E911 services with VoIP that includes a location record that is associated with the phone's emergency response location ant transmitting the location record to monitoring station that ensures that the emergency call is received by a PSTN gateway and issuing an alarm if the message is not received by the PSTN gateway. This is not anticipatory to US8537805 because it does not teach how to callback a VoIP caller from an ERC nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US7565131 B2 teaches a paging identifier for a wireless unit is obtained using a unique call back identifier for an emergency call placed by the wireless unit in response to an emergency call back. Then, an emergency intersystem page, which provides the paging identifier of the wireless unit and identifies the emergency intersystem page as requesting paging of the wireless unit for an emergency call back, is sent. Because this patent teaches a paging method and not a callback method and it does not teach the processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier, it does not anticipate US8537805. US7573982 B2 teaches methods and systems operate to receive and send voice over internet protocol (VoIP) communications using a network, such as an IP network. The methods and systems also operate to receive and send emergency information over IP and other data networks. Based on certain criteria, the methods and systems determine whether to transfer a VoIP communication and/or emergency information to another entity associated with the IP network. This is not anticipatory to US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier or temporarily assigning a DID identifier and then where the caller does not have a pre-associated DID identifier. Page | 22 VPLM00162 2/9/2016 9:34:11 A US7639792 B2, Priority Date US8189568, US20070115935, Filing Date US20100177671, US20120314699 Nov 23, 2005 Pub Date Dec 29, 2009 US7676215, CN1498029A, Priority Date CN1498029B, DE60317751D1, Filing Date Oct 16, 2002 DE60317751T2, EP1411743B1, , Pub Date US20040203565 Mar 9, 2010 US7702308 B2, CN1668137A, Priority Date EP1575327A1, US20050202799 Filing Date Mar 11, 2004 Pub date Apr 20, 2010 US7715821 B2, US20060189303 Priority Date Filing Date Feb 18, 2005 Pub Date May 11, 2010 US7764944 B2, DE602005016188 Priority Date US7639792 B2 teaches processing VoIP caller data in a server entailing private identifier (PRID) datum that includes the following data: a user equipment device identifier, user equipment device mobility, a public identifier (PUID) for the user equipment, and a network access device identifier (NID) for the call data. The public identifier and the location information is then sent to PSAP depending on the NID and the user equipment mobility with a callback number if the internet access port is a known location. This patent is not anticipatory to US8537805 because the PRID, taught in US7639792 B2, includes different fields then the fields taught as part of dialing profile for the caller in US8537805. Additionally this patent does not teach the processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US7676215 teaches assigning an emergency routing number to each switch in a wireless network. When a switch of the wireless network routes an emergency call to a Public Service Answering Point (PSAP), the switch sends the emergency routing number as the calling party number and provides the PSAP with the identifier of the mobile station. If the emergency call drops, the PSAP performs a call back using the emergency routing number as the called party number. The switch that routed the emergency call from the mobile station to the PSAP receives the call back. The PSAP also sends the identifier of the mobile station to the switch. When a switch receives its emergency routing number as the called party number, the switch recognizes an emergency call back situation and pages the mobile station identified by the mobile station identifier received in association with the emergency routing number. The mobile station is then reconnected with the PSAP. This is not anticipatory to US8537805 because it does not teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US7702308 B2 teaches a method which includes the step of receiving at least one tag identifier in response to the emergency call originating from the at least one wireless unit. Once the tag identifier is received, a wireless call back number corresponding with the at least one tag identifier may be transmitted. A public service answering point emergency call register (“PSAP-ECR”) may receive the at least one tag identifier and transmits the wireless call back number over a D interface. This is not anticipatory to US8537805 because it does not teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US7715821 B2 teaches a method to update a unique callback number for a wireless device when a call is placed to ERC whereby the unique callback number replaces a first unique callback number which is associated with a mobile equipment identity. This is not anticipatory to US8537805 because it does not teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US7764944 B2 teaches a method includes the step of receiving one or more routing tags associated with a wireless unit originating a “9-1-1” call Page | 23 VPLM00163 2/9/2016 9:34:11 A D1, EP1610583A1, EP1610583B1, Filing Date Jun 25, 2004 US20050287979 Pub Date Jul 27, 2010 US7907551 B2, US20070092070, Priority Date US20100272242, US20110013541 Filing Date Aug 15, 2006 Pub Date Mar 15, 2011 US8145182 B2, US20060030290 Priority Date Filing Date May 9, 2005 Pub Date Mar 27, 2012 US8228897 B2, US8774171, Priority Date US20070263609, US20120282881 Filing Date May 4, 2006 Pub Date Jul 24, 2012 such as the following: a string of numbers corresponding with Emergency Service Routing Digits (“ESRD”) and/or an Emergency Service Routing Key (“ESRK”). In addition to the routing tag, a mobile equipment identification number (“MEIN”) and/or a paging identity (“PGID”) may also be received by a database accessible by wireless network infrastructure elements, such as an MSC, as well as the emergency call center, including the local public service answering point, for example. In response to this receiving step, at least one unique identifier (e.g., unique call back number) may be generated. This unique identifier may be a dialable number to enable the emergency call center to call back the wireless unit originating the “9-1-1” call. Thereafter, the unique identifier may be transmitted back to the MSC, along with the emergency call center, for example. Consequently, an emergency call back may be launched by the emergency call center using the unique identifier to reach the MSC generally, and more particularly, the wireless unit originating the “9-1-1” call. This is not anticipatory to US8537805 because it does not teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US7907551 B2 teaches a method to establish an emergency conference call bridge between a caller on a VoIP device, the ERC based on the location of the VoIP device, and an emergency responder or three emergency responders. The conference call bridge lasts during the duration of the emergency call. This is not anticipatory to US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier or temporarily assigning a DID identifier and then where the caller does not have a pre-associated DID identifier. US8145182 B2 teaches a device for identifying an emergency call in a wireless local area network includes an indicator to identify a call as an emergency call. The indicator can be a bit flag or an information element. The information element can include location information regarding the location of the station that placed the emergency call. This information can be used to locate the caller. This patent does not anticipate US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier or temporarily assigning a DID identifier and then where the caller does not have a pre-associated DID identifier. An SS7-based call protocol conversion gateway that translates between circuit-switched SS7 protocols and session initiation protocol (SIP) oriented protocol, allowing an E911 call initiated over a switched network to be routed by a VoIP network. The SS7-based call protocol conversion gateway provides a PSAP with MSAG quality (street address) information about a VoIP dual mode phone user without the need for a wireless carrier to invest in building out an entire VoIP core. Thus, wireless carriers may continue signaling the way they are today, i.e., using the J-STD-036 standard for CDMA and GSM in North America, yet see benefits of a VoIP network core, i.e., provision of MSAG quality location data to a Page | 24 VPLM00164 2/9/2016 9:34:11 A PSAP. This patent does not anticipate US8537805 because it teaches a conversion process to continue to signal through CDMA and GSM, but leverage the benefits of VoIP. US8244204 B1 Priority Date Filing Date Dec 11, 2007 Pub Date Aug 14, 2012 US8750290 B2, US20070121593 Priority Date Filing Date Oct 18, 2006 Pub Date Jun 10, 2014 US8768951 B2, US20070220038 Priority Date Filing Date Mar 20, 2006 Pub Date Jul 1, 2014 US20060281437 A1 Priority Date Filing Date Jun 13, 2005 US8244204 B1 teaches a method to suspend or modify incoming call restrictions for a subscriber station for some time period when it is detected that an emergency call was made by that subscriber station, so as to disable the restriction that would otherwise block completion of an incoming call to that station. This allows a call placed by emergency personnel in response to the emergency call from the subscriber station (i.e. when the emergency personnel calls back the user that is involved in the emergency) to bypass any restrictions setup by the subscriber or by the network that would otherwise block the callback and allows the emergency callback to potentially reach the caller. This is not anticipatory to US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a preassociated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US8750290 B2 teaches routing a call as either a VoIP call over the Internet or as a conventional call over the PSTN, verifying that at least one of the VoIP or PSTN telephony connections supports emergency service and routing calls over that connection or, if there is no connection supplying emergency service, restricting calling over the VoIP connection. This is not anticipatory to US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US8768951 B2 teaches a method of populating a location information database for use in providing a location-based service to a host device that is an endpoint of a logical connection between the host device and a network access server. The method comprises receiving from the host device over the logical connection a request for network access; assigning a logical identifier to the host device in response to the receiving; determining a physical location associated with the endpoint of the logical connection; creating an association between the logical identifier and the physical location; and storing the association in the location information database. This is not anticipatory to US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US20060281437 A1 teaches a method by which to identify the geographic location of a VoIP telephone. The invention generally provides GPS-based geographic location information to the E911 emergency services network. This is not anticipatory to US8537805 because it does not teach a process or apparatus to call back once a Page | 25 VPLM00165 2/9/2016 9:34:11 A Pub Date Dec 14, 2006 US20080013523 Priority Date A1 Filing Date Jul 14, 2006 Pub Date Jan 17, 2008 US20080188198 Priority Date A1, EP1974304A2, Filing Date EP1974304A4, US20090214000, Sep 4, 2007 WO2007087077A 2, Pub Date Aug 7, 2008 WO2007087077A 3 US20080310599 A1, CA2690236A1, CN101772929A, Priority Date Filing Date CN101772929B, EP2165489A1, Nov 15, 2007 EP2165489A4, WO2008151406A Pub Date 1, WO2008151406A Dec 18, 2008 telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US20080013523 A1 teaches a method including an application server, the application server communicatively coupled to a service bureau configured to store location information, and communicatively coupled to a communication device over an Internet Protocol (IP) network, the communication device configured to transmit to the application server a call request message in order to establish a voice communication session, and to transmit voice information during the voice communication session; wherein the application server is configured to associate the communication device with a first telephone number and a second number, and the second number is associated with the stored location information. This is not anticipatory to US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. US20080188198 A1 teaches a system and method for providing medical, location information of a subscriber initiating an emergency call, directly to Public Safety Answering Point (PSAP) at the time of the receipt of the call. Upon the initiation of an emergency call, the existing infrastructure f a communication service provider is able to access a central server he medical and contact information of a subscriber, and relay that directly to a call center to speed response time and response effectiveness. nticipatory to US8537805 because it does not teach a process or apparatus once a telephonic connection is dropped when the caller calls using VoIP. each a dialing profile for the caller with different fields that is analogous to while it does have information about a subscriber. Further it does not teach ocesses of assessing whether the caller has a pre-associated DID identifier mporarily assigning a DID identifier where the caller does not have a preDID identifier. US20080310599 A1 teaches a method to make an emergency call back to user equipment and an access network which includes sending a message from a PSAP (Public Safety Answering Point) to the user equipment and the access network with the indication that the emergency call back is from the PSAP. This patent does not anticipate US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a pre-associated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. 8 Page | 26 VPLM00166 2/9/2016 9:34:11 A WO2007044454 Priority Date A2 Filing Date Oct 4, 2006 Pub Date Nov 15, 2007 WO2007044454 A2 was filed by the same original assignee as US7907551 B2 and teaches a similar method of connecting an emergency caller with an emergency response center through establishing an emergency conference call and adding third parties to the conference call such as police, firefighters and ambulance worker. This is not anticipatory to US8537805 because it does not teach a process or apparatus to call back once a telephonic connection is dropped when the caller calls using VoIP. Nor does it teach a dialing profile for the caller with different fields nor the other processes of assessing whether the caller has a preassociated DID identifier and then temporarily assigning a DID identifier where the caller does not have a pre-associated DID identifier. Jajszczyk, Andrzej, and Robert Wójcik. "Emergency Calls in Flow-Aware Networks." IEEE Communications Letters 11.9 (2007): 753-755. F. ADDITIONAL SOURCES CONSIDERED Kim, Jong Yul, Wonsang Song, and Henning Schulzrinne. "An enhanced VoIP emergency services prototype." ISCRAM, Newark, NJ (2006). Mintz-Habib, Matthew, et al. "A VoIP emergency services architecture and prototype." Computer Communications and Networks, 2005. ICCCN 2005. Proceedings. 14th International Conference on. IEEE, 2005. G. ANALYSIS Patent US8537805 is not anticipated by the prior art reviewed which involves emergency calls using VoIP telephony, nor is it an obvious extension of prior art. Some patent publications teach methods to locate callers using VoIP. Other patent publications teach methods by which ERCs may call back the callers after the telephonic connection is disconnected including providing callers with temporary DIDs. Patent US8537805 teaches a novel and nonobvious process and apparatus on how to comply with E911 standards with VoIP and more particularly to do so with a dialing profile associated with a caller occupied with different fields comprising an emergency call identifier field and an emergency response center identifier field, and the process of determining whether the caller identifier has a preassociated DID or whether to associate a temporary DID identifier with said caller identifier. Page | 27 VPLM00167 2/9/2016 9:34:11 A US PATENT 8,630,234: MOBILE TELEPHONY Priority date Jul 28, 2008 Filing date Jul 28, 2009 Publication date Jan 14, 2014 A. SCOPE OF SEARCH 1. The prior art search comprises the period between the filing dates 1990 and 2009. The date 1990 began the search period because VoIP was developed in conjunction with the commercialization of internet in the 1990s. The end date 2008 was selected as the filing date cutoff because the filing date listed on US Patent 8,630,234 is July, 28, 2009 and in order to predate the priority date and qualify for patent protection an applicant would need to file within a year of public disclosure under pre and post-Leahy Smith America Invents Act 35 USC 102(b). 2. The search included the search engines of the World Intellectual Property Organization (WIPO), Google Patent, Google Scholar and the United States Patent and Trademark Office. The search terms comprise, in various combinations, the following terms: mobile gateway, callee, callee identifier, access code, mobile telephone, and access server. The prior art search further comprises a review of patent citations and references from pertinent patents, found in the word searches, to capture any additional patent publications not captured in the word searches including broadening reissue patents. 3. The search included all US, CA and European patents and applicable professional/technical articles identified by the Google Patent search strings which dealt with VoIP and other data communication intercepts. B. PATENT RELATED ART SUMMARY AND CLAIMS 1. Field of Invention This invention relates to mobile telephony and the method and apparatus to call a callee from a mobile device in a manner to avoid long distance charges by calling from a local call. 2. Description of Related Art Mobile telephony service providers regularly charge additional fees for long distance calls and for calls made in another service provider's network. It is commonly known in the art that a caller could use a “calling card” or a comparable technology to call with a less expensive telephone number, and thus avoid the long distance call fees. However, calling cards often require a caller to perform a series of complicated steps. C. SUMMARY OF THE INVENTION The invention comprises a process and an apparatus by which a caller using a mobile telephone can make a long distance call using callee and location identifiers associated with the callee. The call is made by transmitting from a mobile telephone an access code request message. The access code request message comprises the callee identifier and a location identifier and the location of the mobile telephone. This location identifier may be an IP address of the mobile telephone, a wireless voice signal station, or a user configured location associated with the mobile telephone. This transmission may occur through non-voice network. Page | 28 VPLM00168 2/9/2016 9:34:11 A An access server receives said access code message and identifies an access code from a pool. Each of these access codes identify a respective telephone number or Internet Protocol (IP) network address that enables a local call to be made to the callee. The caller receives an access code reply message from the access server which may involve a non-voice network. This reply includes an access code different from the callee identifier and associated with said location identifier and/or associated with a location pre-associated with the mobile telephone. The access code may be temporarily associated with the callee identifier. The caller can then initiate a call to the callee with the mobile telephone using the access code. The access code expires after a period of time. D. SUMMARY OF MAJOR CLAIMS 1. A method of roaming with a mobile telephone, the method comprising: receiving, from a user of the mobile telephone, a callee identifier associated with the callee; transmitting an access code request message to an access server to seek an access code from a pool of access codes wherein each access code in said pool of access codes identifies a respective telephone number or Internet Protocol (IP) network address that enables a local call to be made to call the callee identified by the callee identifier, said access code request message including said callee identifier and a location identifier separate and distinctive from said callee identifier, said location identifier identifying a location of the mobile telephone; receiving an access code reply message from the access server in response to said access code request message, said access code reply message including an access code different from said callee identifier and associated with said location identifier and/or associated with a location pre-associated with the mobile telephone and wherein said access code expires after a period of time; andinitiating a call with the mobile telephone using said access code to identify the callee. 11. A mobile telephone apparatus comprising: means for receiving, from a user of the mobile telephone, a callee identifier associated with the callee; transmitting means for transmitting an access code request message to an access server to seek an access code from a pool of access codes wherein each access code in said pool of access codes identifies a respective telephone number or Internet Protocol (IP) network address that enables a local call to be made to call the callee identified by the callee identifier, said access code request message including said callee identifier and a location identifier separate and distinctive from said callee identifier, said location identifier identifying a location of the mobile telephone; means for receiving an access code reply message from the access server in response to said access code request message, said access code reply message including an access code different from said callee identifier and associated with said location identifier and/or associated with a location pre-associated with the mobile telephone and wherein said access code expires after a period of time; and means for initiating a call using said access code to identify the callee. E. SUMMARY OF MAJOR PRIOR ART The graph below lists some of the more pertinent patents located during the prior art search and describes how said patents are distinguished from patent US8630234. The patents are organized first by their US patent number in ascending order followed by their publication numbers from other jurisdictions. In cases where there was not a patent granted, other US patent publications will follow the granted patents. Also, foreign patents, without US filings, are listed in alphabetical and numerical ascending order. Patent US5325421 A Dates Priority Date Distinguished US5325421 A teaches a method including a caller to place a telephone call by merely uttering a label identifying a desired called destination and to Page | 29 VPLM00169 2/9/2016 9:34:11 A Aug 24, 1992 Filing Date Aug 24, 1992 Pub Date Jun 28, 1994 US7929955 B1, US20110201321 Priority Date Apr 28, 2006 Filing Date Apr 28, 2006 Pub Date Apr 19, 2011 US8605869 B1 Priority Date Aug 8, 2008 Filing Date Aug 8, 2008 Pub Date Dec 10, 2013 charge the telephone call to a particular billing account by merely uttering a label identifying that account. Alternatively, the caller may place the call by dialing or uttering the telephone number of the called destination or by entering a speed dial code associated with that telephone number. This patent does not anticipate US8630234 because it does not teach a process or apparatus to make a long distance call with a mobile device and more specifically does not anticipate US8630234 because it does not teach an access code request message that comprises the callee identifier and a location identifier associated with the location of the mobile telephone. Nor does it teach transmitting this request through non-voice network. Nor does it teach a pool of access codes affiliated with different localities in order to make local calls to callees. Nor does it teach an access code reply message comprised with an temporary access code different from the callee identifier and associated a location identifier. US7929955 B1 teaches a method comprising a receiver component that receives a call request, the call request originates from a mobile handset that is associated with multiple numbers. An analysis component analyzes the call request and selects a caller line identification (CLI) from amongst a plurality of CLIs to provide to a called party that is a subject of the call request. For instance, the mobile handset and/or a network server can comprise the receiver component and/or the analysis component. While this patent teaches selecting a CLI from plurality of CLIs much as US8630234 teaches selecting an access code from a pool of access code, this patent is not anticipatory to US8630234 because it does not teach an access code request message that comprises the callee identifier and a location identifier associated with the location of the mobile telephone. Nor does it teach transmitting this request through non-voice network. Nor does it teach a pool of access codes affiliated with different localities in order to make local calls to callees. Nor does it teach an access code reply message comprised with a temporary access code different from the callee identifier and associated a location identifier. US8605869 B1 teaches a method comprising a caller may specify a callee's telephone number and be connected directly to a carrier provided voice mail facility associated with the identified the telephone number, even though the callee's carrier may not be the same as the caller's carrier. In the disclosed technique, a telephony server places a “Send a call” request to a server which then sends a signaling call that busies out the channel associated with the callee. The telephony server places a second call (the actual voice message) upon confirmation that the signaling call has been initiated, forcing the second call to the carrier's voice mail facility associated with the callee, since the first signaling call busied the first channel. This is not anticipatory to US8630234 because it does not teach how to send a long distance call using a mobile device with the following steps: transmitting an access code request message that comprises the callee identifier and a location identifier associated with the location of the mobile telephone; selecting an access code Page | 30 VPLM00170 2/9/2016 9:34:11 A from a pool of access codes affiliated with different localities in order to make local calls to callees; accessing code reply message comprised with an temporary access code different from the callee identifier and associated a location identifier. US20080167039 A1 US20080166999, US20080167019, US20080167020, US20080188227, WO2008085614A 2, Priority Date Jan 8, 2007 Filing Date Nov 30, 2007 Pub Date Jul 10, 2008 WO2008085614A 3, WO2008085614A 8, WO2008086350A 2, WO2008086350A 3 US20080187122 A1, WO2006078175A 2, WO2006078175A 3 Priority Date Jan 20, 2005 Filing Date Jan 17, 2006 Pub Date Aug 7, 2008 CA2299037 A1, EP1032224A2, EP1032224A3 Priority Date Feb 22, 1999 Filing Date Feb 21, 2000 Pub Date Aug 22, 2000 US20080167039 A1 teaches a method of providing a local access number to a subscriber may include receiving subscriber locale information indicating a location of a subscriber, mapping the subscriber locale information to one or more local access numbers, identifying, from the one or more local access numbers, a local access number corresponding to the subscriber locale information and transmitting the identified local access number to the subscriber's mobile device. Although this patent teaches providing local access numbers to subscribes using mobile devices through receiving the subscribers locale information and mapping it to access numbers and transmitting the local access number to the mobile device, this is not anticipatory to US8630234 because it does not teach all the steps by which US8630234 performs this service which comprise namely some of the following: transmitting an access code request message, potentially through a non-voice network, that comprises the callee identifier and a location identifier associated with the location of the mobile telephone; and accessing code reply message comprised with an temporary access code different from the callee identifier and the associated location identifier. US20080187122 A1 teaches how to provide a globally useful telephone number a URI character string which may be similar to an email address may be provided to a mobile phone server or an internet server for translation to the actual phone number and establishment of a call to that number. This patent is not anticipatory to US8630234 because it does not teach an access code request message that comprises the callee identifier and a location identifier associated with the location of the mobile telephone. Nor does it teach transmitting this request through non-voice network. Nor does it teach a pool of access codes affiliated with different localities in order to make local calls to callees. Nor does it teach an access code reply message comprised with an temporary access code different from the callee identifier and associated a location identifier. CA2299037 A1 teaches a method allowing a user to set up landline calls using a mobile telephone. A user initiates outgoing calls by inputting into the mobile phone the phone numbers of a remote phone of a called party and a local landline phone convenient for use by the user. A message containing these phone numbers is sent by the mobile telephone to a remote telephone call origination platform, which establishes a bridging connection between the remote phone and the local phone. An incoming call is received by signaling the user of an incoming call on the mobile phone. The user inputs the number of a convenient landline phone into the mobile phone, which in turn signals the remote telephone call origination platform to forward the incoming call to the designated landline phone. This is not anticipatory to US8630234 because it teaches sending two telephone numbers through a data network to a RTCO platform in order to make the communication; whereas US8630234 teaches a method and apparatus by which an access server selects a access code that is within the same network or locality of the callee identifier in order to make the call. Nor does it teach an access code Page | 31 VPLM00171 2/9/2016 9:34:11 A request message that comprises the callee identifier and a location identifier associated with the location of the mobile telephone. Nor does it teach transmitting this request through non-voice network. Nor does it teach an access code reply message comprised with a temporary access code different from the callee identifier and associated a location identifier. F. ANALYSIS Patent US8630234 teaches a novel and nonobvious process and apparatus to avoid long distance surcharges by transmitting an access request to access server with novel steps to receive an access code to make a call to a callee from a local number. Patent US Patent 8,630,234 is not anticipated by any prior art, nor is there any evidence that it would be considered an obvious extension of prior art. Page | 32 VPLM00172 2/9/2016 9:34:11 A US PATENT 8,675,566: UNINTERRUPTED TRANSMISSION OF INTERNET PROTOCOL TRANSMISSIONS DURING ENDPOINT CHANGES Priority Date: September 17, 2009 Filing Date: September 17, 2009 Publication Date: March 24, 2011 A. SCOPE OF SEARCH 1. The prior art search comprises the period between the filing dates 1990 and 2010. The date 1990 began the search period because VoIP was developed in conjunction with the commercialization of internet in the 1990s. The end date 2010 was selected as the filing date cutoff because the filing date listed on US Patent 8,675,566 is September 17, 2009, and in order to predate the priority date and qualify for patent protection an applicant would need to file within a year of public disclosure under pre and post-Leahy Smith America Invents Act 35 USC 102(b). 2. The search included the search engines of the World Intellectual Property Organization (WIPO), Google Patent, Google Scholar and the United States Patent and Trademark Office. The search terms comprise, in various combinations, the following terms: uninterrupted transmission of internet protocol (IP), real time transport protocol (RTP), endpoint changes. The prior art search further comprises a review of patent citations and references from pertinent patents, found in the word searches, to capture any additional patent publications not captured in the word searches including broadening reissue patents. 3. The search included all US, CA and European patents and applicable professional/technical articles identified by the Google Patent search strings which dealt with VoIP, uninterrupted transmission of IP and endpoint changes. B. FIELD OF THE INVENTION AND RELATED ART 1. Field of Invention This invention relates to internet protocol (IP) transmissions and, more particularly, to uninterrupted transmission of IP transmissions containing real time transport protocol (RTP) data during endpoint changes. 2. Description of Related Art Internet Protocol (IP) transmission systems are known to use media relays to relay IP transmissions from one endpoint to another. In a telephone system, the media relay relays IP transmissions between a caller and a callee. An IP session is established by a call controller, which interacts with the media relay, the caller and the callee to convey to each of these entities the IP addresses and ports to which they should send IP transmissions and from which they should expect IP transmissions. The media relay is configured to accept packets conveyed by IP transmissions from specified caller and callee IP addresses and ports. In some systems, such as mobile telephone systems, a mobile telephone may be in communication with a first base station while in a certain geographical area and there may be a handoff of the call to another base station when the mobile telephone is moved to a different geographical location. Communications between the base stations and the mobile telephones are conducted on a Global System from Mobile Communication (GSM) network or other cellular network, for example, and the base stations convert messages to and from the GSM Page | 33 VPLM00173 2/9/2016 9:34:11 A network and the IP network and thus, the base stations establish the caller and callee IP addresses and ports. Each base station will have a unique IP address and UDP port number that it associates or assigns to the mobile telephone with which it has established communication in the conventional manner over the cellular network. Thus, a conventional media relay will reject IP streams from the new base station after handoff of the call because such streams are seen as being transmitted by an unauthorized source. This generally prevents voice over IP telephone calls from being made through systems that employ media relays without further call handling. The Session Initiation Protocol (SIP) RFC 3261 provided by the Internet Engineering Task Force (IETF) specifies a mechanism for an endpoint to notify another endpoint if its IP address changes. This mechanism employs a signaling message that conveys an identification of new media properties for the endpoint whose IP address has changed. The use of SIP messages for this purpose, however, adds extra overhead and delays to the call as signaling messages must be routed through the call controller and the call controller must communicate with the media relay and endpoints to re-configure the media relay to accept IP transmissions from the endpoint having the new IP address and to cause IP transmission to be relayed thereto each time a handoff occurs. C. SUMMARY OF THE INVENTION A method apparatus and computer readable medium for facilitating uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. When an IP transmission is received at the caller RTP port or the callee RTP port, a call record having a caller RTP port identifier or a callee RTP port identifier matching a destination port identifier in the IP transmission is located and when the destination port identifier in the IP transmission matches the caller RTP port identifier of the record, a source IP address identifier and source port identifier from the IP transmission are set as the caller IP address identifier and caller port identifier respectively of the record when the caller IP address identifier and caller port identifier do not match the source IP address identifier and source port identifier respectively and a received SSRC identifier in the IP transmission matches the caller SSRC identifier. When the destination port identifier in the IP transmission matches the callee RTP port identifier of the record, the source IP address identifier and source port identifier from the IP transmission are set as the callee IP address identifier and callee port identifier respectively of the record when the callee IP address identifier and callee port identifier do not match the source IP address identifier and source port identifier respectively and the received SSRC identifier in the IP transmission matches the callee SSRC identifier. D. SUMMARY OF MAJOR CLAIMS 1. A method for facilitating uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes, the method comprising: maintaining records, each record associating session information, caller information and callee information for a respective IP communication session; said session information including caller and callee RTP port identifiers identifying a caller RTP port and a callee RTP port respectively of a media relay through which IP transmissions of the IP communication session are relayed; Page | 34 VPLM00174 2/9/2016 9:34:11 A said caller information including a caller IP address identifier and a caller port identifier to which IP transmissions received at said callee RTP port are transmitted from the media relay, and a caller synchronization source (SSRC) identifier; and said callee information including a callee IP address identifier and a callee port identifier to which IP transmissions received at said caller RTP port are transmitted from the media relay, and a callee SSRC identifier; and when an IP transmission is received at said caller RTP port or said callee RTP port: locating one of said records having said caller RTP port identifier or said callee RTP port identifier matching a destination port identifier in said IP transmission; and a) when said one of said records is located and when said destination port identifier in said IP transmission matches the caller RTP port identifier of said one of said records, setting a source IP address identifier and source port identifier from said IP transmission as the caller IP address identifier and caller port identifier respectively of said one of said records when: said caller IP address identifier and caller port identifier do not match said source IP address identifier and source port identifier respectively; and a received SSRC identifier in said IP transmission matches said caller SSRC identifier; and b) when said one of said records is located and when said destination port identifier in said IP transmission matches the callee RTP port identifier of said one of said records, setting said source IP address identifier and source port identifier from said IP transmission as the callee IP address identifier and callee port identifier respectively of said one of said records when: said callee IP address identifier and callee port identifier do not match said source IP address identifier and source port identifier respectively; and said received SSRC identifier in said IP transmission matches said callee SSRC identifier. 5. A media relay apparatus for facilitating uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes, the apparatus comprising: a processor; input/output interfaces in communication with the processor to provide for connection to an IP network; non-transitory program memory and storage memory, said program memory encoded with computer executable codes for directing the processor to: provide a logical input/output interface interacting with said input/output interfaces to define caller and callee RTP ports; maintain call records in said storage memory, each said call record having fields associating session information, caller information and callee information for a respective IP communication session; said fields associating session information including caller and callee RTP port identifier fields identifying a caller RTP port and a callee RTP port respectively, through which IP transmissions of the IP communication session are relayed; Page | 35 VPLM00175 2/9/2016 9:34:11 A said caller information including a caller IP address identifier field and a caller port identifier field to which IP transmissions received at the callee RTP port are to be transmitted, and a caller synchronization source (SSRC) identifier field; and said callee information including a callee IP address identifier field and a callee port identifier field to which IP transmissions received at said caller RTP port are to be transmitted, and a callee SSRC identifier field; and to locate one of said records having said caller RTP port identifier field contents or said callee RTP port identifier field contents matching a destination port identifier in said IP transmission when an IP transmission is received at a caller RTP port or a callee RTP port; when said one of said records is located and when said destination port identifier in said IP transmission matches the contents of the caller RTP port identifier field of said one of said records, storing a source IP address identifier and source port identifier from said IP transmission in the caller IP address identifier field and caller port identifier field respectively when: the contents of said caller IP address field and caller port identifier field do not match said source IP address identifier and source port identifier respectively; and a received SSRC identifier in said IP transmission matches the contents of said caller SSRC identifier field; and when said one of said records is located and when said destination port identifier in said IP transmission matches the contents of the callee RTP port identifier field of said one of said records, storing said source IP address identifier and source port identifier from said IP transmission in the callee IP address identifier field and callee port identifier field respectively when: said contents of said callee IP address identifier field and said callee port identifier field do not match said source IP address identifier and source port identifier respectively; and said received SSRC identifier in said IP transmission matches the contents of said callee SSRC identifier field. 9. A media relay apparatus for facilitating uninterrupted transmission of Internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes, the apparatus comprising: a processor; physical connection means for providing physical connections between the processor and an IP network; means for interacting with said physical connection means and said processor for providing a logical input/output interface defining caller and callee RTP ports; means for maintaining call records in memory, each of said call records having means for associating session information, caller information and callee information for a respective IP communication session including: means for storing caller and callee RTP port identifiers identifying a caller RTP port and a callee RTP port respectively through which IP transmissions of the IP communication session are relayed; means for storing a caller IP address identifier and a caller port identifier to which IP transmissions received at said callee RTP port are to be transmitted from the media relay apparatus; means for storing a caller synchronization source (SSRC) identifier; means for storing a callee IP address identifier and a callee port identifier identifying the callee RTP port to which IP transmissions received at said caller RTP port are to be transmitted from the media relay apparatus; and Page | 36 VPLM00176 2/9/2016 9:34:11 A means for storing a callee SSRC identifier; and means for locating one of said records having a caller RTP port identifier or a callee RTP port identifier matching a destination port identifier in an IP transmission when the IP transmission is received at a caller RTP port or a callee RTP port; means for determining whether said destination port identifier in said IP transmission matches the caller RTP port identifier of said one of said records; means for setting the caller IP address identifier and caller port identifier as the source IP address identifier and source port identifier respectively from said IP transmission when: said caller IP address identifier and caller port identifier do not match said source IP address identifier and source port identifier respectively; and a received SSRC identifier in said IP transmission matches said caller SSRC identifier; and means for determining whether said destination port identifier in said IP transmission matches the callee RTP port identifier of said one of said records, and means for setting the callee IP address identifier and callee port identifier as the source IP address identifier and source port identifier respectively from said IP transmission when: said callee IP address identifier and said callee port identifier do not match said source IP address identifier and source port identifier respectively; and said received SSRC identifier in said IP transmission matches said callee SSRC identifier. 13. A non-transitory computer readable medium encoded with computer executable codes for directing a processor of a media relay to facilitate uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes, the codes comprising computer executable codes for directing the processor to: maintain records, each record associating session information, caller information and callee information for a respective IP communication session; said session information including a caller RTP port identifier and a callee RTP port identifier identifying caller and callee RTP ports respectively of the media relay through which IP transmissions of the IP communication session are relayed; said caller information including a caller IP address identifier and a caller port identifier to which IP transmissions received at said callee RTP port are transmitted from the media relay, and a caller synchronization source (SSRC) identifier; and said callee information including a callee IP address identifier and a callee port identifier to which IP transmissions received at said caller RTP port are transmitted from the media relay, and a callee SSRC identifier; and when an IP transmission is received at said caller RTP port or said callee RTP port: locate one of said records having said caller RTP port identifier or said callee RTP port identifier matching a destination port identifier in said IP transmission; when said one of said records is located and when said destination port identifier in said IP transmission matches the caller RTP port identifier of said one of said records, Page | 37 VPLM00177 2/9/2016 9:34:11 A set a source IP address identifier and source port identifier from said IP transmission as the caller IP address identifier and caller port identifier respectively of said one of said records when: said caller IP address identifier and caller port identifier do not match said source IP address identifier and source port identifier respectively; and a received SSRC identifier in said IP transmission matches said caller SSRC identifier; and when said one of said records is located and when said destination port identifier in said IP transmission matches the callee RTP port identifier of said one of said records, set said source IP address identifier and source port identifier from said IP transmission as the callee IP address identifier and callee port identifier respectively of said one of said records when: said callee IP address identifier and callee port identifier do not match said source IP address identifier and source port identifier respectively; and said received SSRC identifier in said IP transmission matches said callee SSRC identifier. 16. The computer readable medium of claim 13 further comprising computer executable codes for directing the processor to: if the IP transmission was received at the caller RTP port, cause the media relay to forward the IP transmission to the callee at the callee IP address and callee port identified by the callee IP address identifier and callee port identifier respectively and identify the source of said IP transmission forwarded to the callee with the callee RTP port identifier; and if the IP transmission was received at the callee RTP port, cause the media relay to forward the IP transmission to the caller at the caller IP address and caller port identified by the caller IP address identifier and caller port identifier respectively and identify the source of said IP transmission forwarded to the caller with the caller RTP port identifier. E. SUMMARY OF MAJOR PRIOR ART The graph below lists some of the more pertinent patents located during the prior art search and describes how said patents are distinguished from patent US 8675566 B2. The patents are organized first by their US patent number in ascending order followed by their publication numbers from other jurisdictions. In cases where there was not a patent granted, other US patent publications will follow the granted patents. Also, foreign patents, without US filings, are listed in alphabetical and numerical ascending order. Patent Dates Distinguished US7979529, US20040181599, Priority Date US20040181599 teaches a method and telecommunications system for monitoring a data flow in a data network. When monitoring, the data flow between the telecommunications is rerouted from the access server via a monitoring server which makes a copy of the data flow (DAT) and transmits it to an evaluation unit. Mar 21, 2001 CN1274114C, CN1498482A, DE50211291D1, EP1244250A1, EP1371173A1, EP1371173B1, WO2002082728A1 Filing Date Mar 7, 2002 Pub Date In contrast, although US8675566 has a classification function, it uses that function in order to facilitate routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier and real time transport protocol (RTP) data to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. Page | 38 VPLM00178 2/9/2016 9:34:11 A Sep 16, 2004 US7436835, Priority Date May 30, 2003 US20040240439 Filing Date May 30, 2003 Pub Date Dec 2, 2004 US8306063, Priority date US20080056302 Aug 29, 2006 Filing date Aug 29, 2006 Pub date Mar 6, 2008 US20040240439 teaches a method of intercepting call content in a packet-based Internet Protocol (IP) network. The method includes targeting bearer packets containing the call content via a Softswitch controlling the redirection of the targeted bearer packets through a specified Intercept Router using alias IP addresses for the targeted bearer packets. In contrast, US8675566’s classification function facilitates routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier and real time transport protocol (RTP) data to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. US20080056302 teaches a system and method for identifying UDP packets on an IP network as candidates for characterization as packets of a RTP stream. UDP packets are identified at a point on the IP network, and for each identified UDP packet 1) it is determined if a version number in a RTP header field in the payload of the UDP packet equals a predetermined value, 2) determined if a packet length associated with the UDP packet is within a predetermined range, 3) determined if a payload type RTP header field within the payload of the UDP packet is within a predetermined range. If all the criteria are satisfied, then the identified UDP packet is characterized as a candidate RTP packet. It is then determined if the candidate RTP packet belongs to a previously detected RTP stream, or to a newly encountered RTP stream. A stream data store is then updated using the information in the RTP header of the candidate RTP packet. In contrast, US8675566 utilizes the real time transport protocol (RTP) data to facilitate routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier to to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. US20090135735, WO2009070202A1 Priority date Nov 27, 2007 Filing date Apr 8, 2008 Pub date May 28, 2009 US20090141883, EP2215755A1, EP2215755A4, Priority date Nov 30, 2007 US20090135735 teaches a method and apparatus to track changes to RTP packets of an RTP session caused by media processing, modify RTP packet information of the RTP packets based on the tracked changes, correct RTP control protocol (RTCP) packets corresponding to the RTP session based on the tracked changes, the corrected RTCP packets being a measure of the end-to-end reception quality of the RTP session, and report the end-to-end reception quality of the RTP session by forwarding the corrected RTCP packets. In contrast, US8675566 utilizes the real time transport protocol (RTP) data to facilitate routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier to to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. US20090141883 comprises a computer-readable medium for performing IP-based call intercept includes instructions for receiving call initiation data, a first IP packet from the first communications device, and a second Page | 39 VPLM00179 2/9/2016 9:34:11 A US8514841, WO2009070278A1 Filing date Nov 30, 2007 Pub date Jun 4, 2009 IP packet from a second communications device, generating copies of the first IP packet and the second IP packet, and transmitting one of the first IP packets to the second communications device according to the call initiation data, another of the first IP packets to a surveilling agency computer system without encoding a decoding the IP packet, one of the second IP packets to the first communications device according to the call initiation data, and another of the second IP packets to the surveilling agency computer system without encoding or decoding the IP packet. In contrast, US8675566 utilizes the real time transport protocol (RTP) data to facilitate routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier to to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. US20100128729, US7680114, Priority date Aug 26, 2005 US7894441, US20070047548 Filing date Jan 27, 2010 Pub date May 27, 2010 US20100128729 comprises a packet forwarding device which minimizes degradation in packet forwarding performance at the time of execution of filtering there is provided a technique in which a destination decision processing unit of a destination decision and filtering unit decides whether to execute filtering on the basis of at least one of an input interface, an input port number, an output interface, and an output port number of an input packet and a plurality of pieces of information constituting the header of the packet. A filtering unit executes filtering only for a packet for which execution of filtering is decided. The packet forwarding device with the destination decision and filtering unit need not execute filtering for all packets and can minimize degradation in packet forwarding performance caused by filtering. In contrast, US8675566 utilizes the real time transport protocol (RTP) data to facilitate routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier to to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. US20120099599, CN102484656A, EP2449749A1, EP2449749B1, US8611354, WO2011000405A1 Priority date Jun 29, 2009 Filing date Jun 29, 2009 Pub date Apr 26, 2012 US20120099599 comprises an apparatus for relaying packets between a first host and a second host and methods for sending packets between a first and second host are provided. The apparatus includes a memory for registering for the first host the following information: a relayed address of the first host, an address of the second host, and an outbound higher layer identifier and/or an inbound higher layer identifier. The apparatus further includes an outbound packet inspector for inspecting packets received from the first host and addressed to an address of the apparatus to determine whether they contain a registered outbound higher layer identifier and, if so, for forwarding the packets to the address of the second host and/or an inbound packet inspector for inspecting packets received from the second host and addressed to the relayed address to determine whether they contain a registered inbound higher layer identifier and, if so, for forwarding the packets to the address of the first host. In contrast, US8675566’s classification function facilitates routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier and real time transport protocol (RTP) data to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint Page | 40 VPLM00180 2/9/2016 9:34:11 A changes. US20120227101, US8166533, US8607323, US20040034793, US20140101749 Apr 11, 2012 Publication date Sep 6, 2012 Filing date Apr 11, 2012 Priority date Aug 17, 2002 US20120227101 teaches a method for transmitting information packets across network firewalls. A trusted entity is provisioned with an address designation for a pinhole through the firewall during setup of a communication session between two communication devices. This pinhole address is used throughout the communication session between the two communication devices to transmit information packets onto and out of the communication network. Information packets addressed to the communication device inside the firewall are received by the trusted entity, which replaces address header information in the information packet with the address for the pinhole. The information packet is routed to the pinhole where it passes onto the network for routing to the communication device inside the firewall. Information packets transmitted from the network are also routed to the trusted entity for routing toward the communication device outside the firewall. In contrast, US8675566 utilizes the real time transport protocol (RTP) data to facilitate routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier to to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. US20130114589, US8363647, US8804705, US20020141352 Priority date Apr 3, 2001 Filing date Dec 28, 2012 Publication date May 9, 2013 US20130114589 discloses a system and method for IP telephony. The system includes an IP telephone (IPT) and a Service Gateway (SG). The SG receives an identifier, e.g., a vendor class identifier, included in a DHCP discover message from the IP telephone and determines if the identifier is valid. If so, the SG issues a DHCP offer comprising DHCP lease information to the IP telephone, including a range of port numbers assigned to the IP telephone based on the identifier, where the range of port numbers comprises ports which are not reserved for use by other IP protocols. The DHCP lease information includes information indicating operational software for the IP telephone which the IP telephone executes to enable IP communications. The SG mediates IP communications between the IP telephone and an IP device, where the IP telephone uses at least a subset of the range of port numbers to send or receive IP communications. In contrast, US8675566 utilizes the real time transport protocol (RTP) data to facilitate routing to occur in a data system based upon the stored caller synchronization source (SSRC) identifier to to ensure uninterrupted transmission of internet protocol (IP) transmissions containing real time transport protocol (RTP) data during endpoint changes. F. ADDITIONAL SOURCES CONSIDERED Kornfeld, Michael, and Gunther May. "DVB-H and IP datacast—broadcast to handheld devices." Broadcasting, IEEE Transactions on 53.1 (2007): 161-170. Page | 41 VPLM00181 2/9/2016 9:34:11 A Ma, Qinghuai, et al. "Realizing MPEG4 video transmission based on mobile station over GPRS." Wireless Communications, Networking and Mobile Computing, 2005. Proceedings. 2005 International Conference on. Vol. 2. IEEE, 2005. Munir, Muhammad Farukh, Abdelbasset Trad, and Thierry Turletti. "Study of an Adaptive Scheme for Voice Transmission on IP in a Wireless Networking Environment 802.11 e." ESSI (Ecole Supérieure En Sciences Informatiques, Université De Nice, France (2005). G. ANALYSIS Patent 8,675,566 is not anticipated by any prior art, nor is there any evidence that it would be considered an obvious extension of prior art. Page | 42 VPLM00182 2/9/2016 9:34:11 A US 8774378: ALLOCATING CHARGES FOR COMMUNICATION SERVICES Priority Date Nov 2, 2006 Filing date Sep 17, 2013 Publication date Jul 8, 2014 A. SCOPE OF SEARCH 1. The prior art search comprises the period between the filing dates 1990 and 2014. The date 1990 began the search period because VoIP was developed in conjunction with the commercialization of internet in the 1990s. The end date 2014 was selected as the filing date cutoff because the filing date listed on US Patent 8774378 is September 17, 2013, and in order to predate the priority date and qualify for patent protection an applicant would need to file within a year of public disclosure under pre and post-Leahy Smith America Invents Act 35 USC 102(b). 2. The search included the search engines of the World Intellectual Property Organization (WIPO), Google Patent, Google Scholar and the United States Patent and Trademark Office. The search terms comprise, in various combinations, the following terms: routing, billing, rating, VoIP, subscriber profiles. The prior art search further comprises a review of patent citations and references from pertinent patents, found in the word searches, to capture any additional patent publications not captured in the word searches including broadening reissue patents. 3. The Search included all US, CA and European patents and applicable professional/technical articles identified by the search strings. B. FIELD OF INVENTION AND RELATED ART 1. Field of Invention This invention relates to voice over IP communications and methods and apparatus for allocating charges. It is a continuation of US Patent 8,542,815. 2. Description of Related Art In recent years, Internet protocol (IP) telephones have been seen as an increasingly attractive alternative to traditional public switched telephone network (PSTN) phones. The rapid growth of “smart” cellular phones that allow the user access to the Internet from their cellular device has pushed traditional technologies to provide increased interoperability of IP phones within an existing topography of cellular telephony and traditional switched circuit networks (SCN). While some interoperable services have been provided, the differences between IP networks which are based upon “packets” of data that “hop” between multiple networks to complete communications and PSTN networks that communicate with “end to end” communications have hampered true interoperability. One of the advantages of PSTN’s point to point communication is that it allows complex local network nodes that contain extensive information about a local calling service area including user authentication and call routing. The PSTN network typically aggregates all information and traffic into a single location or node, processes it locally and then passes it on to other network nodes, as necessary, by maintaining route tables at the node. This information provides much easier routing, rating and billing of PSTN-based calls. Page | 43 VPLM00183 2/9/2016 9:34:11 A C. SUMMARY OF THE INVENTION The invention includes a process and an implementing apparatus for operating a call routing controller to facilitate communication and allocation of charges in that communication, between callers and callees in a system in which there a many nodes with which callers and callees are associated. The invention includes processes and implementing apparatuses for operating a call routing controller to facilitate communication between callers and callees in a system in which there a many nodes with which callers and callees are associated. As a call is placed by a subscriber, the routing controller provides a caller identifier and a callee identifier. The process also includes call classification criteria associated with the caller identifier that identifies the call as a public network call or a private network call. The call classification criteria may involve searching a database to locate a record identifying calling attributes associated with a caller that are identified by the caller identifier. Each database record is a dialing profile with a username associated with the caller, a domain associated with the caller, and at least one calling attribute. The attribute might be an international dialing digit, IDD, a national dialing digit, an area code or other pertinent information. For example, the attribute might be a direct in dial (DID) record that associates the caller with a public telephone number. The process and associated apparatus may identify that the information in the dialing profile may need to be reformatted, if the digit count is inappropriate for the call, based upon comparing the number called with the public telephone number of the caller. For example, if a dialing profile included an IDD or NDD that was not needed because the destination of the call was domestic, the process would reformat the information so that it would allow the call to be completed. If, in another case, there was a missing IDD or NDD, the process would add the appropriate code based upon the area code. If the call is identified as a private network call, a routing message is created that identifies an address, on the private network, associated with the callee. Analogously, if the call is classified as a public network call, a routing message is created that identifies a gateway to the public network. When the node associated with the caller is not the same as the node associated with the callee, the process involves producing a routing message including the caller identifier, the reformatted callee identifier and an identification of a private network node associated with the callee and communicating the routing message to a call controller. If the node associated with the caller is the same as the node associated with the callee, the process determines whether to connect the call, forward the call to another party, or block the call and direct the caller to a voicemail server associated with the callee. Producing the routing message may involve producing a routing message having an identification of at least one of the callee identifier, an identification of a party to whom the call should be forwarded and an identification of a voicemail server associated with the callee. Producing a routing message for a call to a public network will identify a gateway to the public network and may involve searching a database of route records associating route identifiers with dialing codes or supplier records to find a route record having a dialing code having a number pattern matching at least a portion of the reformatted callee identifier. The data structure includes master list records with fields for associating a dialing code with respective master list identifiers and supplier list records linked to master list records by the master list identifiers. The supplier list records are database fields for associating with a communications services supplier, a supplier id, a master list id, a route identifier and a billing rate code, so that communications services suppliers are associated with dialing codes, in order that dialing codes can be used to locate suppliers capable of providing a communications link associated with a given dialing code. The routing message is used by a call routing controller as a part of the communications system. The process and associated apparatus may involve loading a routing message buffer with the reformatted callee identifier and an identification of specific routes associated respective ones of the supplier records associated with the route record and loading the routing message buffer with a time value and a timeout value. Page | 44 VPLM00184 2/9/2016 9:34:11 A The process can include various methods for rating, or establishing the cost to be associated with call. These methods include the ability to calculate time, distance and type of communication in order to assign a cost. Calculating the cost per unit cost may involve a database with a markup type indicator, a markup value and a billing pattern and setting a reseller rate equal to the sum of the markup value and the buffer rate. D. SUMMARY OF MAJOR CLAIMS 1. A computer implemented process for attributing charges for communications services, the process comprising: causing a processor to determine a first chargeable time in response to a communication session time and a predefined billing pattern; causing the processor to determine a user cost value in response to the first chargeable time and a free time value associated with a user of the communications services; causing the processor to change an account balance associated with the user in response to the user cost value; causing the processor to change an account balance associated with a reseller of the communications services in response to a reseller cost per unit time and the communication session time; and causing the processor to change an account balance associated with an operator of the communications services in response to an operator cost per unit time and the communication session time. 2. The process of claim 1, wherein determining the first chargeable time comprises: causing the processor to locate at least one of: an override record specifying a billing pattern associated with a route associated with the communication session; a reseller record associated with a reseller of the communications session, the reseller record specifying a billing pattern associated with the reseller for the communication session; and a default record specifying a billing pattern; and causing the processor to set as the pre-defined billing pattern the billing pattern of the located record, wherein the billing pattern of the located record comprises a first billing interval and a second billing interval. 15. An apparatus for attributing charges for communications services, the apparatus comprising: a processor operably configured to receive signals representing a communication session time, a pre-defined billing pattern, a free time value associated with a user of the communications services, a reseller cost per unit time; and an operator cost per unit time; a non-transitory computer readable medium encoded with codes for directing the processor to: receive the signals representing the communication session time, the pre-defined billing pattern, the free time value associated with a user of the communications services, the reseller cost per unit time, and the operator cost per unit time; determine a first chargeable time in response to the communication session time and the pre-defined billing pattern; determine a user cost value in response to the first chargeable time and the free time value; cause an account balance associated with the user to be changed in response to the user cost value; Page | 45 VPLM00185 2/9/2016 9:34:11 A cause an account balance associated with a reseller of the communications services in response to the reseller cost per unit time and the communication session time; and cause an account balance associated with an operator of the communications services to be changed in response to the operator cost per unit time and the communication session time. 16. The apparatus of claim 15, wherein the codes include codes for directing the processor to determine the first chargeable time by: causing the processor to locate at least one of: an override record specifying a billing pattern associated with a route associated with the communication session; a reseller record associated with a reseller of the communications session, the reseller record specifying a billing pattern associated with the reseller for the communication session; and a default record specifying a billing pattern; and causing the processor to set as the pre-defined billing pattern the billing pattern of the located record, wherein the billing pattern of the located record comprises a first billing interval and a second billing interval. E. SUMMARY OF MAJOR PRIOR ART The graph below lists some of the more pertinent patents located during the prior art search and describes how said patents are distinguished from patent US 8774378. The patents are organized first by their US patent number in ascending order followed by their publication numbers from other jurisdictions. In cases where there was not a patent granted, other US patent publications will follow the granted patents. Also, foreign patents, without US filings, are listed in alphabetical and numerical ascending order. Patent Number Dates Distinguished US 7400881 Priority Date 12/23/2004 The invention discloses a method for routing calls and messages in a communication system. A mobile station registers to a call control node using a logical name. The logical name is mapped in a directory to an international mobile subscriber identity. The call control node performs a location update to a home location register using the international mobile subscriber identity. The mobile station is reached using a called party number. As a terminating call or message is received to a core network, a roaming number is allocated for the mobile station, and the call or message is routed to the call control entity currently serving the mobile station. Filing Date Publication Date 7/15/2008 US 7664495 Priority Date 4/21/2005 Although the international mobile subscriber identity bears some limited resemblance to the caller dialing profiles of the instant patent, The patent involves allocating a roaming local number to allow for local rates to be charged to the subscriber. None of the routing, rating or billing systems anticipate the instant patent. Systems and methods provide a single E.164 number for voice and data call redirection and telephony services such as caller identification, regardless of in which type of network a dual mode mobile device operates. When the dual mode device registers and is active in a GSM network, temporary routing and status updates are triggered and resultant information is maintained in both Page | 46 VPLM00186 2/9/2016 9:34:11 A Filing Date Pub Date 2/16/2010 US7068668 Priority Date 1/7/2000 Filing Date Pub Date 6/27/2006 US8204044 Priority Date 12/30/2004 Filing Date Pub Date 6/19/2012 networks. A mobile terminated call is routed through an enterprise WLAN with call control within the enterprise being handled by SIP or H.323 signaling, and the call is redirected to the mobile device in the GSM network, where call control is assumed by the SS7 network. Services are provided using the protocols native to the active network, and the single E.164 is used consistently along with or lieu of the temporary routing information for subscriber identity specific functions, such as caller identification and voice mail. The use of a single E.164 number for a dual mode mobile device has some similarity to the assignment of a single number in the instant patent, but the nature of the database and the interoperability of the system are significantly different that the methods and functions disclosed in the instant patent. A real-time interface between the public switched telephone network (PSTN) and an Internet Protocol (IP) network provides voice to data and data to voice conversion between the PSTN and the IP network in a seamless process. The interface, a central communication network, performs Class 5 switching between the PSTN and the IP network, besides providing enhanced services. Receiving a call, the central communication network simultaneously routes the call to a plurality of preprogrammed numbers on the PSTN and on the IP network. This patent does provide a real-time interface between a PSTN and an IP system, but the role of stored number is to facilitate group broadcast through a centralized server. There is no equivalent to the dialing profile of the instant patent nor to the purposes and effects of the interoperable systems it provides. The method includes receiving a request from a first mobile device to invite a second mobile device to participate in a VoIP session. The second device may be identified in the request by a network identifier. The network identifier is related to a mobile IP (MIP) address of the second device and a second IP address. An invitation is sent to the MIP address of the second device which may include a MIP address of the first device and a first IP address. A response to the invitation may be received from the second device. The response may be modified to include a first IP header that includes the MIP address of the second device and a second IP header to include the second IP address. The modified response is forwarded to the first device. After receipt of the modified response, the first device is configured to establish an IP connection for VoIP communication with the second device. This patent uses a “network identifier” related to the mobile IP address which appears to serve a function similar to one of the functions of the dialing profile of the instant patent. However, the network identifier is, at most, a single element of the database that comprises the dialing profile. Functionally this patent suggests only a small part of the routing and none of the rating and billing disclosed in the instant patent. US 7995589 Priority Date 3/13/2000 Filing Date Pub Date A method and apparatus of communicating over a data network includes providing a user interface in a control system for call control and to display information relating to a call session. The control system communicates one or more control messages (e.g., Session Initiation Protocol or SIP messages) over the data network to establish a call session with a remote device in response to receipt of a request through the user interface. One or more commands are transmitted to a voice device associated with the control system to establish the call session between the voice device and the remote device over the data network. A Real-Time Protocol (RTP) link may be established between the Page | 47 VPLM00187 2/9/2016 9:34:11 A 8/9/2011 US 7212522 3/8/2001 Virtual private networks for voice over networks applications 10/10/2006 US 7120682 voice device and the remote device. Focused on private network Applications. 7/8/2004 5/1/2007 Communicating voice over a packet-switching network Basic VoIP communication US 20020116464 3/27/2001 8/22/2002 Electronic communications system and method US 20040022237 2/12/2003 2/5/2004 Voice over data telecommunications network architecture Uses soft switching to implement interoperability F. ADDITIONAL SOURCES CONSIDERED Bhushan, Bharat, et al. "Federated accounting: Service charging and billing in a business-to-business environment." Integrated Network Management Proceedings, 2001 IEEE/IFIP International Symposium on. IEEE, 2001. Lee, Kyu Ouk, Seong Youn Kim, and Kwon Chul Park. "VoIP interoperation with KT-NGN." Advanced Communication Technology, 2004. The 6th International Conference on. Vol. 1. IEEE, 2004. Yu, SuJung, et al. "Service-oriented issues: Mobility, security, charging and billing management in mobile next generation networks." Broadband Convergence Networks, 2006. BcN 2006. The 1st International Workshop on. IEEE, 2006. G. ANALYSIS Patent US 8774378 is not anticipated by the prior art reviewed which involved routing, billing and rating of VoIP telephony and interoperability of VoIP, cellular telephony and PSTN by routing that involves a database that associates the subscriber with a DID number, a local relay and other routing information. Some patent publications teach methods to associate IP telephony with a DID number. Other publications teach methods to route cellular communication using stored routing information. None include the sophisticated database and associated routing, billing and rating structures taught by US 8774378. Nor has the prior art review suggested any likelihood that the innovations taught by US 8774378 would be considered “obvious” extensions of the prior art. Page | 48 VPLM00188 2/9/2016 9:34:11 A 5. Apple Inc. / J Lasker E-Mail dated September 24 2014 At 12:56 PM 9/24/2014, you wrote: Tom, We received the materials and are currently reviewing them. We will endeavor to get you a response regarding Voip-Pal's patents mentioned in the materials by the end of next week, after we have completed our initial assessment. As I have informed you previously, if you are asking Apple to consider your company’s ideas or to collaborate in some other way, we cannot do so. Apple has a stated policy of not accepting, reviewing, or considering outside submissions of product ideas for any purpose. We have adopted this policy due in part to the large volume of mail received and also to avoid potential misunderstandings or disputes when Apple’s products or marketing strategies might seem similar to ideas submitted to Apple. The policy can be viewed at http://www.apple.com/legal/policies/ideas.html. Jeff Jeffrey V. Lasker Legal Counsel, IP Transactions < Apple Inc. 408-862-1377 VPLM00189 2/9/2016 9:34:11 A 6. Apple Inc. / J Lasker E-Mail October 8 2014 w Attachment 6A Tom, Please see the attached letter. Regards, Jeff Jeffrey V. Lasker Legal Counsel, IP Transactions < Apple Inc. 408-862-1377 VPLM00190 2/9/2016 9:34:11 A 6A. Attachment to E-Mail dated October 8 2014 October 8, 2014 Via Email Thomas E. Sawyer, Ph.D. Chairman and CEO Voip-Pal.com, Inc. P.O. Box 900788 Sandy, Utah 84090 Email: tesawyer@tesawyer.com Re: Voip-Pal.com, Inc. Dear Tom, I write to you in response to your letter dated September 15, 2014 and your email dated September 26, 2014 regarding U.S. Patent Nos. 8,542,815 (’815 patent), 8,422,507 (’507 patent), 8,537,805 (’805 patent), 8,630,234 (’234 patent), 8,774,378 (’378 patent), and 8,675,566 (’566 patent). I am also in receipt of your email dated September 30, 2014. As my colleague Denise Kerstein previously informed you, Apple is not currently interested in acquiring Voip-Pal’s patents. Additionally, as I have explained to you previously, we have reviewed the patents and do not believe they cover any products or services offered by Apple. I asked that you provide detailed claim charts explaining the basis for your assertion if you disagree with our conclusion. However, the materials you provided do not include any charts or other explanation regarding the elements of the patent claims. Your materials include only vague reference that the patents are allegedly “in use,” “may be used,” “will be used,” or “not used, but will be beneficial to use.” In any event, we have carefully reviewed the materials you provided, Voip-Pal’s patents, and their prosecution histories, and concluded that Voip-Pal’s patents do not cover any products or services offered by Apple. Accordingly, we do not believe any license to Voip-Pal’s patents is necessary. We address each of the patents below. Apple Inc. Jeffrey V. Lasker 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014 (408) 862-1377 jlasker @apple.com VPLM00191 2/9/2016 9:34:11 A I. Patents A. ’815 patent Voip-Pal contends that ’815 patent is applicable to iMessage because the patent is directed to routing “a communication in private (Internet) and public (Legacy PSTN) domains.” However, Voip-Pal’s broad brush application of the ’815 patent runs contrary to the claims, the specification, and the file history. As an initial matter, all of the claims of the ’815 patent are directed to routing telephone calls. In contrast, iMessage does not route telephone calls – it is an instant messaging service. Additionally, the claims call for routing calls between a private or public network. Voip-Pal appears to state that, in the context of iMessage, the “private” network is the Internet. But the Internet, by its own term, is not a “private” network. To the contrary, it is a global system of interconnected computer networks. Indeed, the ’815 patent specification itself distinguishes between a private network and the Internet, stating that: “[i]t should be noted that throughout the description of the embodiments of this invention, the IP/UDP addresses of all elements such as the caller and callee telephones, call controller, media relay, and many others, will be assumed to be valid IP/UDP addresses directly accessible via the Internet or a private IP network, for example, depending on the specific implementation of the system.” See, e.g., ‘815 patent at 13:30-36. Thus, Voip-Pal’s apparent contention that a “private network” is the “Internet” is contrary to the patent specification itself. Additionally, Voip-Pal’s assertion that the ’815 patent is applicable to iMessage is contrary to the file history. In distinguishing prior art, the applicant argued that the prior art taught searching a database using information associated with the “callee” rather than the “caller” to determine where to route the call (public or private), whereas the claims call for using the “caller” information to determine where to route the call. Voip-Pal’s allegations against iMessage fail to articulate how iMessage uses the “caller” information (in contrast to the “callee” information distinguished during prior art) for routing. The above noted deficiencies are just some of the non-limiting examples that illustrate why the ’815 patent is not applicable to iMessage, or other Apple products and services, such as FaceTime. B. ’566 patent Voip-Pal also contends that ’566 patent is applicable to Apple’s WiFi calling technology. We do not see any correlation between claims of the ’566 patent and WiFi calling. The claims of the ’566 patent include numerous limitations, yet Voip-Pal does not VPLM00192 2/9/2016 9:34:11 A explain how any of the limitations are purportedly satisfied by WiFi calling. For example, each claim of the ’566 patent, among other things, requires a record containing a caller and callee RTP port identifier that identifies a port on each side of a media relay server through which the RTP transmissions pass. We do not see how this basic limitation is satisfied by Apple’s WiFi calling feature. Similarly, we do not see how the other numerous limitations are satisfied by the WiFi calling technology. Therefore, we do not believe the ’566 patent is relevant to Apple’s products or services. C. ’507, ’805, ’378, and ’234 patents Regarding the ’507, ’805, ’378, and ’234 patents, Voip-Pal does not allege that any particular claim of these patents is applicable to any of the Apple products. Instead, the materials include only a table that makes only vague reference that the patents “may be used,” “will be used,” or “not used, but will be beneficial to use” in Apple’s technology. Based on our initial review and the information you provided, we do not see how these patents are relevant to any Apple technology. II. Conclusion For at least these reasons, we do not believe Apple needs a license to Voip-Pal’s patents. If you disagree with our assessment, please provide me with a detailed explanation and support for your positions, including detailed claim charts explaining the basis for your assertion. Regards, Jeffrey V. Lasker Legal Counsel, IP Transactions VPLM00193 2/9/2016 9:34:11 A 7. E-Mail to Apple Inc. / J Lasker October 15 2014 w Attachments 7A, 7B and 7C T.E. Sawyer <tesawyer@tesawyer.com> 10/15/1 4 to jlasker Jeffrey, This response to your letter of October 8, 2014 to me has been carefully prepared to address your comments in sufficient detail to confirm areas of overlap between Apple's functionality and the patented technology of Voip-Pal. In my opinion there is little or no doubt of this conflict after this draft document. I have made very few edits in order to preserve the technical team's commentary. While the WiFi is addressed, I am prepared to drop this issue from consideration. We are sincerely seeking a non litigious solution that will prove to be mutually beneficial to both Apple and Voip-Pal. Thank you for Apple's further analysis and consideration. Dr. Thomas E. Sawyer VPLM00194 2/9/2016 9:34:11 A 7A. Attachment to E-Mail dated October 15 2014 - Detailed Rebuttal October 8, 2014 Via Email Thomas E. Sawyer, Ph.D. Chairman and CEO Voip-Pal.com, Inc. P.O. Box 900788 Sandy, Utah 84090 Email: tesawyer@tesawyer.com Re: Voip-Pal.com, Inc. Dear Tom, I write to you in response to your letter dated September 15, 2014 and your email dated September 26, 2014 regarding U.S. Patent Nos. 8,542,815 ('815 patent), 8,422,507 ('507 patent), 8,537,805 ('805 patent), 8,630,234 ('234 patent), 8,774,378 ('378 patent), and 8,675,566 ('566 patent). I am also in receipt of your email dated September 30, 2014. As my colleague Denise Kerstein previously informed you, Apple is not currently interested in acquiring Voip-Pal's patents. Additionally, as I have explained to you previously, we have reviewed the patents and do not believe they cover any products or services offered by Apple. I asked that you provide detailed claim charts explaining the basis for your assertion if you disagree with our conclusion. However, the materials you provided do not include any charts or other explanation regarding the elements of the patent claims. Your materials include only vague reference that the patents are allegedly "in use," "may be used," "will be used," or "not used, but will be beneficial to use." In any event, we have carefully reviewed the materials you provided, Voip-Pal's patents, and their prosecution histories, and concluded that Voip-Pal's patents do not cover any products or services offered by Apple. Accordingly, we do not believe any license to Voip-Pal's patents is necessary. We address each of the patents below. VPLM00195 2/9/2016 9:34:11 A I. Patents A. '815 patent Voip-Pal contends that '815 patent is applicable to iMessage because the patent is directed to routing "a communication in private (Internet) and public (Legacy PSTN) domains." However, Voip-Pal's broad brush application of the '815 patent runs contrary to the claims, the specification, and the file history. As an initial matter, all of the claims of the '815 patent are directed to routing telephone calls. In contrast, iMessage does not route telephone calls - it is an instant messaging service. ‘815 patent discloses (claim 1, col 36, lines 14-17): “communication” is not only voice calls, but includes video and data (means messaging similar to iMessges), which is emphasized further: col. 1, lines 18-21 Additionally, the claims call for routing calls between a private or public network. Voip-Pal appears to state that, in the context of iMessage, the "private" network is the Internet. But the Internet, by its own term, is not a "private" network. To the contrary, it is a global system of interconnected computer networks. Indeed, the '815 patent specification itself distinguishes between a private network and the Internet, stating that: In the scope of ‘815 patent, Internet incorporates the private networks of large organizations, to which subscribers are associated, for public access to mobile, WiFi and other operators. Subscribers acquire the Internet via public accesses then connect to a private network to get the service. For example, two Apple subscribers, connect to Internet via public accesses of Verizon Wireless and T-Mobile, to then connect to Apple private network of supporting servers, to enable iMessage to each other. "[i]t should be noted that throughout the description of the embodiments of this invention, the IP/UDP addresses of all elements such as the caller and callee telephones, call controller, media relay, and many others, will be assumed to be valid IP/UDP addresses directly accessible via the Internet or a private IP network, for example, depending on the specific implementation of the system." See, e.g., '815 patent at 13:30-36. Thus, Voip-Pal's apparent contention that a "private network" is the "Internet" is contrary to the patent specification itself. VPLM00196 2/9/2016 9:34:11 A Private network definition is well supported by industry standard specifications, in particular:  col. 1, lines 17-18 col. 13, lines 30-35 Additionally, Voip-Pal's assertion that the '815 patent is applicable to iMessage is contrary to the file history. In distinguishing prior art, the applicant argued that the prior art taught searching a database using information associated with the "callee" rather than the "caller" to determine where to route the call (public or private), whereas the claims call for using the "caller" information to determine where to route the call. Voip-Pal's allegations against iMessage fail to articulate how iMessage uses the "caller" information (in contrast to the "callee" information distinguished during prior art) for routing. In prior art, well before 2007, the decision on how to route the call was very basic, and based only on “callee” number – because legacy PSTN was the only network at that time. We developed and patented the system based on the then PSTN network. When multiple private networks became available such as Apple servers network and Vonage network, it became necessary to make routing decisions that consider both “caller” and “callee” identifiers. It is not correct to say that ‘815 only “claims call for using the "caller" information to determine where to route the call.” Instead, both “caller” and “callee” identifiers are used. They relate not only to numbers as identifiers, it is far more encompassing and can take the form of email or SIP addresses like user5@node3.north.europe.company.com.  Using both identifiers is well summarized in specification: col. 14, lines 25-34 iMessage application on the iPhone obviously knows own phone (‘caller’) number and Apple ID. At call initiation, it obtains from user the destination (‘callee’) identifier, for simplicity, in form of legacy PSTN number. To learn the destination Apple ID, if any, and whether ‘callee’ is available in Apple network or not, that number is communicated to Apple servers. Either servers make routing decision and send message to destination, or they just provide ‘callee’ Apple ID information back to enable the iPhone to make a routing decision and send message, or more likely a complex combination of both – it doesn’t matter in view of ‘815 patent. ‘815 patent includes Method and Process (claims 1 54) and Apparatus (claims 28 74 93) independent claims, which can be implemented on server or on iPhone. VPLM00197 2/9/2016 9:34:11 A If ‘callee’ subscriber is available in the Apple network, he/she is in private network, same as ‘caller’ subscriber. So message is sent as a blue iMessage private-to-private. Either they are on the same geographical node, or on different nodes, it doesn’t matter. Whether iMessage is sent via server, or directly from ‘caller’ iPhone to ‘callee’ iPhone (since information is provided by servers), it doesn’t matter. Previously called numbers and Apple IDs can be cached on the iPhone. Part of the whole Apple subscriber database can be stored on iPhone or not, that’s irrelevant. Routing decision to send message as private-to-private is made according to ‘815 patent: col. 22, lines 27-33 If ‘callee’ subscriber is not achievable in the Apple network, so only legacy PSTN identifier is available, message is sent as a green SMS message private-to-public. Either server makes this decision and sends it via the SMS gateway, or that information about ‘callee’ is provided to ‘caller’ iPhone, and it makes routing decision and sends SMS message via its own cellular provider. It is probably a more complex combination of both, but it doesn’t matter. The routing decision to send message as private-to-public is made according to ‘815 patent: col. 22, lines 61-67 The above noted deficiencies are just some of the non-limiting examples that illustrate why the '815 patent is not applicable to iMessage, or other Apple products and services, such as FaceTime. The same arguments noted above are applicable to Facetime and Facetime Audio, with the exception that currently both applications run calls between private subscribers, while iMessage can send SMS to legacy PSTN network. Any telephony application, from Bell’s time, has two components: signaling (ring in the past) and media (actual conversation). Media these days includes very different content: audio, video, text and multimedia messages, etc. Signaling, in the early days of PSTN, served only to set up the call and tear it down. ‘815 patent obviously deals with signaling, no matter what kind of media will be exchanged – audio, video or text. VPLM00198 2/9/2016 9:34:11 A Facetime and Facetime Audio setup private to private communication, assuming callee number has associated Apple ID (registered by user or auto-generated from the phone number). From call setup perspective, they make the same decision to route call private-to-private, as disclosed in ‘815 patent. See these claims, for references to private networks, on the same and different geographical nodes: B. '566 patent Voip-Pal also contends that '566 patent is applicable to Apple's WiFi calling technology. We do not see any correlation between claims of the '566 patent and WiFi calling. The claims of the '566 patent include numerous limitations, yet Voip-Pal does not explain how any of the limitations are purportedly satisfied by WiFi calling. For example, each claim of the '566 patent, among other things, requires a record containing a caller and callee RTP port identifier that identifies a port on each side of a media relay server through which the RTP transmissions pass. We do not see how this basic limitation is satisfied by Apple's WiFi calling feature. Similarly, we do not see how the other numerous limitations are satisfied by the WiFi calling technology. Therefore, we do not believe the '566 patent is relevant to Apple's products or services. C. '507, '805, '378, and '234 patents Regarding the '507, '805, '378, and '234 patents, Voip-Pal does not allege that any particular claim of these patents is applicable to any of the Apple products. Instead, the materials include only a table that makes only vague reference that the patents "may be used," "will be used," or "not used, but will be beneficial to use" in Apple's technology. Based on our initial review and the information you provided, we do not see how these patents are relevant to any Apple technology. II. Conclusion VPLM00199 2/9/2016 9:34:11 A For at least these reasons, we do not believe Apple needs a license to Voip-Pal's patents. If you disagree with our assessment, please provide me with a detailed explanation and support for your positions, including detailed claim charts explaining the basis for your assertion. VPLM00200 2/9/2016 9:34:11 A 7B. Attachment to E-Mail dated October 15 2014 - Prior Art Search A table‐based explanation of how VoIP‐Pal’s patents extended the utility of the prior art in Internet‐based telephony The Centrality of VoIP‐Pal, Inc.’s Patent Portfolio to Effective Peer to Peer Voice over Internet Protocol Communication Thomas and Thomas Attorneys at Law 2740 East 1700 North Layton, Utah 84040 Client Privileged Information VPLM00201 2/9/2016 9:34:11 A The prior art before the granting of the VoIP‐Pal patents provided a very limited set of processes for accomplishing the peer‐to‐peer communications that are central to current IP‐based telephony, social media and related web‐based communication. Professor Ed Candy, described systems existing prior to the granting of the VoIP‐Pal patents as lacking ”access, interconnect, number management, or comparable services.” Without the VoIP‐Pal patents, Professor Candy continues, “Most subscriber numbers will be inaccessible and lack appropriate signaling conventions and prescribed commercial interconnect agreements.” The following tables, arranged chronologically by priority date, illustrate the fundamental nature of the VoIP‐Pal patents by addressing two among the six major VoIP‐Pal patents and identify the patents that constitute the major prior art prior to the VoIP‐Pal patents and describe the functionality added through the VoIP‐Pal “Routing Billing and Rating” and “Mobile Gateway” patents. US 8,542,815 Routing Billing and Rating Patent Dates Major Prior Art Functionality Added by VoIP Patents US7068668, US7486667, US8125982, US8724643, US20030095539, US20060251056, US20090129566, US20120113981, US20140211789 Priority date Jan 7, 2000 US 7068668 teaches a real‐ time interface between the public switched telephone network (PSTN) and an Internet Protocol (IP) network provides voice to data and data Filing date to voice conversion between Jan 7, 2000 the PSTN and the IP network in a seamless process. The interface, which is a central communication network, Publication performs Class 5 switching date Jun between the PSTN and the IP 27, 2006 network, besides providing enhanced services. Upon receiving a call, the central communication network simultaneously routes the call to a plurality of preprogrammed numbers on the PSTN and on the IP network. US 7068668 teaches a real‐time interface between a PSTN and an IP system, but the role of stored number is to facilitate group broadcast through a centralized server. There is no equivalent to the dialing profile of US 8,542,815, nor to the purposes and effects of the interoperable systems it provides. VPLM00202 2/9/2016 9:34:11 A US 7995589, EP1266516A2, EP1266516B1, US6934279, US20060007940, WO2001069899A2, WO2001069899A3 US 7995589 teaches a method and an apparatus of transmitting voice over a data network. The method disclosed includes providing a user interface in a control Filing date system for call control and to Aug 23, display information relating to 2005 a call session. The control system communicates one or more control messages (e.g., Publication Session Initiation Protocol or date Aug 9, SIP messages) over the data 2011 network to establish a call session with a remote device in response to receipt of a request through the user interface. One or more commands are transmitted to a voice device associated with the control system to establish the call session between the voice device and the remote device over the data network. A Real‐Time Protocol (RTP) link may be established between the voice device and the remote device. Although US 7995589 teaches a method and an apparatus of communicating over a data network, it does not disclose the single number as part of a seamless sophisticated international database and the associated routing, billing and rating functions disclosed by US 8,542,815. US7400881, CN101069390A, CN101069390B, EP1829300A1, EP1829300A4, EP1829300B1, US20060142011, WO2006067269A1 Priority date Dec 23, 2004 Although the international mobile subscriber identity taught in US 7400881 involves a database with some limited resemblance to the caller dialing profiles of US 8,542,815 , the information in the database record is far less comprehensive than that of patent US 8,542,815 and the use of the database solely involves allocating a roaming local number to allow for local rates to be charged to the Priority date Mar 13, 2000 Filing date Apr 14, 2005 Pub date Jul 15, 2008 US 7400881 teaches a method for routing calls and messages in a communication system. A mobile station registers to a call control node using a logical name. The logical name is mapped in a directory to an international mobile subscriber identity. The call control node performs a location update to a home location register using the international mobile subscriber identity. The mobile station is reached using a called party number. As a terminating call or message is received to a core network, a roaming number is allocated VPLM00203 2/9/2016 9:34:11 A for the mobile station, and the call or message is routed to the call control entity currently serving the mobile station. subscriber. It discloses none of the routing, rating or billing systems of US 8,542,815 . US 8204044 teaches a method for receiving a request from a first mobile device to invite a second mobile device to participate in a VoIP session. The second device may be Filing date identified in the request by a Sep 21, network identifier. The 2009 network identifier is related to a mobile IP (MIP) address of the second device and a second Publication IP address. An invitation is sent date Jun to the MIP address of the 19, 2012 second device which may include a MIP address of the first device and a first IP address. A response to the invitation may be received from the second device. The response may be modified to include a first IP header that includes the MIP address of the second device and a second IP header to include the second IP address. The modified response is forwarded to the first device. After receipt of the modified response, the first device is configured to establish an IP connection for VoIP communication with the second device. US 8204044 teaches a method that includes a “network identifier” related to a mobile IP address which appears to serve one of the functions of the dialing profile of US 8,542,815. However, the network identifier is, at most, a single element of the database that comprises the dialing profile. Functionally this patent discloses only a small part of the routing and none of the rating and billing disclosed in US 8,542,815. US 7664495 teaches systems and methods that provide a single E.164 number for voice and data call redirection and telephony services such as caller identification, regardless of in which type of network a dual mode mobile device operates. When the dual mode device registers and is active in The use of a single E.164 number for a dual mode mobile device, as taught in US 7664495, has some similarity to the assignment of a single number in US 8,542,815, but the nature of the database and the interoperability of the US8204044, CN101095329A, CN101095329B, CN102833232A, DE112005003306T5, US7593390, US8605714, US20060146797, US20100008345, US20120250624, WO2006072099A1 Priority date Dec 30, 2004 US 7664495, US20100105379 Priority date Apr 21, 2005 Filing date Dec 5, 2005 VPLM00204 2/9/2016 9:34:11 A a GSM network, temporary routing and status updates are Publication triggered and resultant date Feb information is maintained in 16, 2010 both networks. A mobile terminated call is routed through an enterprise WLAN with call control within the enterprise being handled by SIP or H.323 signaling, and the call is redirected to the mobile device in the GSM network, where call control is assumed by the SS7 network. Services are provided using the protocols native to the active network and the single E.164 is used consistently along with or lieu of the temporary routing information for subscriber identity specific functions, such as caller identification and voice mail. system lack the sophistication and refined transactional functions, including the capacity for billing and rating that are disclosed in US 8,542,815. Patent Dates Major Prior Art Functionality Added by VoIP Patents CA2299037 A1, EP1032224A2, EP1032224A3 Priority Date Feb 22, 1999 CA2299037 teaches a method allowing a user to set up landline calls using a mobile telephone. A user initiates outgoing calls by inputting into the mobile phone the phone numbers of a remote phone of a called party and a local landline phone convenient for use by the user. A message containing these phone numbers is sent by the mobile telephone to a remote telephone call origination platform, which establishes a CA2299037 does teach some of the fundamental processes of US8630234. For example, it teaches sending two telephone numbers through a data network to a RTCO platform in order to make the communication; whereas US8630234 teaches a method and apparatus by which an access server selects a access code that is within the same US8630234 Mobile Gateway Filing Date Feb 21, 2000 Pub Date Aug 22, 2000 VPLM00205 2/9/2016 9:34:11 A network or locality of the callee identifier in order to make the call. Nor does it teach an access code request message that comprises the callee identifier and a location identifier associated with the location of the mobile telephone. Nor does it teach transmitting this request through non‐ voice network. Nor does it teach an access code reply message comprised with a temporary access code different from the callee identifier and associated a location identifier. US20080187122 A1 fails Priority US20080187122 A1 teaches to provide the Date Jan 20, how to provide a globally 2005 useful telephone number a URI fundamental character string which may be functionality of US8630234 because it Filing Date similar to an email address does not teach an access may be provided to a mobile Jan 17, code request message phone server or an internet 2006 that comprises the callee server for translation to the identifier and a location actual phone number and Pub Date identifier associated with Aug 7, 2008 establishment of a call to that the location of the mobile number. telephone. Nor does it teach transmitting this request through non‐ voice network. Nor does it teach a pool of access codes affiliated with different localities in order to make local calls to callees. Nor does it teach an access code reply message comprised with an temporary access code different from the callee identifier and associated a location identifier. bridging connection between the remote phone and the local phone. An incoming call is received by signaling the user of an incoming call on the mobile phone. The user inputs the number of a convenient landline phone into the mobile phone, which in turn signals the remote telephone call origination platform to forward the incoming call to the designated landline phone. US20080187122 A1, WO2006078175A2, WO2006078175A3 VPLM00206 2/9/2016 9:34:11 A US7929955 B1, US20110201321 Priority Date Apr 28, 2006 Filing Date Apr 28, 2006 Pub Date Apr 19, 2011 US20080167039 A1 US20080166999, US20080167019, US20080167020, US20080188227, WO2008085614A2, WO2008085614A3, WO2008085614A8, WO2008086350A2, WO2008086350A3 Priority Date Jan 8, 2007 Filing Date Nov 30, 2007 Pub Date Jul 10, 2008 While US7929955 teaches selecting a CLI from plurality of CLIs much as US8630234 teaches selecting an access code from a pool of access code, it does not teach an access code request message that comprises the callee identifier and a location identifier associated with the location of the mobile telephone. Nor does it teach transmitting this request through non‐ voice network. Nor does it teach a pool of access codes affiliated with different localities in order to make local calls to callees. Nor does it teach an access code reply message comprised with a temporary access code different from the callee identifier and associated a location identifier. US20080167039 A1 teaches a US20080167039 discloses significantly method of providing a local access number to a subscriber less functionality than US8630234. It does not may include receiving teach transmitting an subscriber locale information access code request indicating a location of a message, potentially subscriber, mapping the through a non‐voice subscriber locale information network, that comprises to one or more local access numbers, identifying, from the the callee identifier and a location identifier one or more local access associated with the numbers, a local access location of the mobile number corresponding to the telephone; and accessing subscriber locale information and transmitting the identified code reply message comprised with an local access number to the temporary access code subscriber's mobile device. different from the callee Although this patent teaches US7929955 B1 teaches a method comprising a receiver component that receives a call request. The call request originates from a mobile handset that is associated with multiple numbers. An analysis component analyzes the call request and selects a caller line identification (CLI) from amongst a plurality of CLIs to provide to a called party that is a subject of the call request. For instance, the mobile handset and/or a network server can comprise the receiver component and/or the analysis component. VPLM00207 2/9/2016 9:34:11 A US8605869 B1 providing local access numbers to subscribes using mobile devices through receiving the subscribers locale information and mapping it to access numbers and transmitting the local access number to the mobile device. Priority US8605869 B1 teaches a Date Aug 8, method comprising a caller 2008 may specify a callee's telephone number and be Filing Date connected directly to a carrier Aug 8, 2008 provided voice mail facility associated with the identified Pub Date the telephone number, even Dec 10, though the callee's carrier may 2013 not be the same as the caller's carrier. In the disclosed technique, a telephony server places a “Send a call” request to a server which then sends a signaling call that busies out the channel associated with the callee. The telephony server places a second call (the actual voice message) upon confirmation that the signaling call has been initiated, forcing the second call to the carrier's voice mail facility associated with the callee, since the first signaling call busied the first channel. identifier and the associated location identifier. US8605869 does not provide the functionality of US8630234 because it does not teach how to send a long distance call using a mobile device with the following steps: transmitting an access code request message that comprises the callee identifier and a location identifier associated with the location of the mobile telephone; selecting an access code from a pool of access codes affiliated with different localities in order to make local calls to callees; accessing code reply message comprised with an temporary access code different from the callee identifier and associated a location identifier. VPLM00208 2/9/2016 9:34:11 A 7C. Attachment to E-Mail dated October 15 2014 - '815 Patent US008542815B2 (12) United States Patent Perreault et a]. (54) US 8,542,815 B2 (10) Patent N0.: (45) Date of Patent: (58) PRODUCING ROUTING MESSAGES FOR VOICE OVER IP COMMUNICATIONS Sep. 24, 2013 Field of Classi?cation Search USPC ......................... .. 379/14204, 220.01*221.06 See application ?le for complete search history. (75) Inventors: Clay Perreault, Panama City (PA); (56) Steve Nicholson, Hamilton (NZ); Rod Thomson, North Vancouver (CA); References Cited U.S. PATENT DOCUMENTS 4/1990 Katoh Johan Emil Viktor Bjorsell, Vancouver (CA); Fuad Arafa, Vancouver (CA) 4,916,491 A 4,992,971 A * 2/1991 (73) Assignee: Digifonica (International) Limited, (Continued) Vancouver (CA) Notice: FOREIGN PATENT DOCUMENTS Subject to any disclaimer, the term of this patent is extended or adjusted under 35 CA EP 2249668 1 389 862 A1 U.S.C. 154(b) by 853 days. (21) Appl. No.: Hayashi ...................... .. 717/140 4/1999 2/2004 (Continued) OTHER PUBLICATIONS 12/513,147 Supplementary European Search Report for European Application (22) PCT Filed: Nov. 1, 2007 (86) PCT No.: PCT/CA2007/001956 § 371 (0X1)’ (2), (4) Date: Mar. 1, 2010 No. 07816106 dated Jun. 18, 2012. (Continued) Primary Examiner * Simon Sing (74) Attorney, Agent, or Firm * Knobbe Martens Olson & Bear LLP (87) PCT Pub. No.: WO2008/052340 (57) PCT Pub. Date: May 8, 2008 ABSTRACT A process and apparatus to facilitate communication between (65) Prior Publication Data US 2010/0150328 A1 callers and callees in a system comprising a plurality of nodes with which callers and callees are associated is disclosed. In response to initiation of a call by a calling subscriber, a caller identi?er and a callee identi?er are received. Call classi?ca tion criteria associated with the caller identi?er are used to classify the call as a public network call or a private network Jun. 17,2010 Related US. Application Data (60) Provisional application No. 60/856,212, ?led on Nov. call. A routing message identifying an address, on the private network, associated with the callee is produced when the call 2, 2006. is classi?ed as a private network call and a routing message (51) Int‘ Cl‘ (52) H04M 7/00 US. Cl. identifying a gateway to the public network is produced when (200601) the call is classi?ed as a public network call. USPC ............................... .. 379/221.02; 379/142.04 f2] 111 Claims, 32 Drawing Sheets mull"! Controller (21%) ‘ DB Request RC Ruining , .. T178“ Back to am User s?ystlelslr / 111 — 118.119 Agent i141’ Proxy 114,116 mus Sammy None _ Shaw “1,,- ywnr \_= :’ “18118 <._- 1 H E vm.vvr.11igifnni|:a.cum 119 Request Message 112 Call cormlar lcc) “M11310” Database DB Response ' MB 1a _ Gateway 2U a “ .... 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IETF ENUM WG R Stastny OEFEG Informational Numbering for EPO, Supplementary European Search Report, dated Nov. 2, 2012, Application No. 078554367, corresponds to US. Appl. No. 12/5 17,026. * cited by examiner VPLM00211 2/9/2016 9:34:11 A VPLM00212 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 2 0f 32 US 8,542,815 B2 Phone Temporary Program Memory 34 Username 63 E (“Dali/L (2001 1050 8667) Password / 30 M9216’ [y / Firewall Dialed # 5_6 ca" 10 E Audio Path IP .51 Address ? SIP Proxy Add M 53 \“ IP Address (192.168. 0.20) NP Q \ J Parameter 48 Internet Connection Meggory > 46 1;? Li?dset — 42 _r’— Dialing Functions e FIG. 2 VPLM00213 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 3 0f 32 US 8,542,815 B2 SIP Invite Message 60~ Caller 2001 1050 8667 BZN Callee 2001 1050 2222 64~ Digest Parameters XXXXXXX 65~ Call I0 FF10@ 192168.020 67~ IP Address 192168.020 69M Caller UDP Port 1 FIG. 3 A/100 Call Controller (14) SIP Invite to RC 16 1_2_0 104 Routing to Gateway 1_2_2_ i no E "9 From Gateway "8 V0 ‘ SIP To Phone ‘ 114 Log SIP From Phone To VM ' To Gateway : "0 To RC ‘ FIG. 4 VPLM00214 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 4 or 32 US 8,542,815 B2 C8" COIIUOIIBT PI'OCBSS /120 Receive SIP Invite Message Error Handling Authenticate Caller ID Field Contents= IP Address? g Set Type = 3"1 Party Invite L2; 4 i Establish Call ID @ Prepare RC Request Message 13 Send RC Request Message 12_9 FIG. 5 VPLM00215 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 5 0f 32 US 8,542,815 B2 [150 RC Request Message 152~Caller 2001 1050 8667 154~Callee 2001 1050 2222 156*» Digest XXXXXXX 158~Call ID FF10@ 192168.020 160~Type Subscriber FIG. 6 207\ Routing Controller (16) 209 200 Cam" I“ “in Program RC Request Callee 10 ~ Memory Message 2% Handler Retrieved Dialing Profile can Tm Hag Subscrlber / 2Q up Bundle Record Username To Domain Table 202 Bundle Override 2206 _ Record DB Response 21:2 RC Request 21:4 I/O m 1210 DB Request 2116 Routing Message FIG. 7 VPLM00216 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 6 0f 32 US 8,542,815 B2 RC Request Message Handler 250\ T Store contents of RC [259 Send error W252 request message in buffer N _ l message to call controller _ _ Use caller held to get dialing profile for caller from P254 database Subscriber _ username has same preflx as caller node‘? Increment current concurrent call field of dialling profile faoz Set call type \ Use callee field to get dialing profile for =cross domain r350 Load routing message with contents of caller, callee from BC request and set route l /602 Get call forward, call block and voicemail tables from database = IP address or domain of callee's; [610 super node TTL=99999 Send drop call message to call controller /381 Send routing message to call controller A509 @D Store username and domain of callee in routing message buffer End /622 Load caller buffer with 18 CF entries FIG. 8A VPLM00217 2/9/2016 9:34:11 A VPLM00218 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 8 0f 32 US 8,542,815 B2 r640 Store voicemail server address and seconds in routing message buffer r642 Get TTL (in sec) based on cost of routing and user's balance store in routing message buffer /644 Store address of current node in routing message buffer i /646 Send routing message to call controller @ FIG. SC VPLM00219 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 9 0f 32 ? US 8,542,815 B2 /412 Get supplier ID codes from supplier tables based on master list ID ‘ r560 Load prefix field with supplier prefix r562 Load callee field with modified callee number for corresponding supplier r563 Load route field with route identifier 564 Get TTL based on routing cost + Store TTL and timeout value in A556 routing message buffer Repeat 571 until all suppliers considered? [568 Send routing message ( End ) FIG. 8D VPLM00220 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 US 8,542,815 B2 Sheet 10 0f 32 [253 Dialing Profile for a User 258~Username 26U~Domaln 262~NDD 264~IDD Assigned on Subscription 268~Caller Minimum Local Length 270~Caller Maximum Local Length 10 10 Retailer Assigned on Subscription Assigned on Subscription Romain Associated with User 011 266~Country Code 1 267~ Local Area Codes 604;778 273*» Reseller 275~ Maximum # of concurrent calls 277~ Current # of concurrent calls FIG. 9 Dialing Profile for Caller (Vancouver Subscriber) 61 284 £63 A A 70 74 A 258~Usemame f 276 .Z.9!..1....1..£l5.il.i3§?.Z ....... ._ 260~Domam ispluiufidioiib019mm?s»282 262~NDD 1 E86 \ \ 264~IDD 266~Country Code 267~Local Area Codes 268~Caller Mlnlmum Local Length 270~Caller Maximum Local Length 273/» Reseller 275~ Maximum # of concurrent calls 277~ Current # of concurrent calls 011 288 290 i 604;778 (Vancouver) 10 10 Klondike 5 0 FIG. 10 VPLM00221 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 11 0f 32 US 8,542,815 B2 Callee Profile for Calgary Subscriber Username Domaln N00 100 Country Code Local Area Codes Caller Mlnlmum Local Length Caller Maximum Local Length Reseller Maximum # of concurrent calls Current # of concurrent calls 2001 1050 2222 spyvrdigifonicacom $11 403 (Calgary) 10 Deerfoot 5 0 FIG. 11 Callee Pro?le for London Subscriber Username Domaln N00 100 4401 1062 4444 gplhrrligitonicacom Country Code 44 20 (London) Local Area Codes Caller Minimum Local Length Caller Maximum Local Length Reseller Maximum # of concurrent calls Current # of concurrent calls 10 11 Marble Arch 5 0 FIG. 12 VPLM00222 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 12 0f32 US 8,542,815 B2 /278 DID Bank Table Record Format 281 NUsername 272~User Domaln 274~ DID System subscriber Host name of supernode E164# FIG. 13 61 A/300 DID Bank Table Record for Calgary Subscriber 281~Username {27001 1050 2222 272~Userl10main ..$n.-.y..v..[oioitooioas?m 274*’ DID {15.69.4555.52553‘??? zéz/ 2287 2289 FIG. 14 VPLM00223 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 13 0f 32 US 8,542,815 B2 /352 Routing Message Format 354~ Supplier Prefix ,optlonal Code identifying supplier traffic 356~ Dellmlter optional Symbol separating fields 358~Callee PSTN compatible number or Digifonlca number 360~Route Domain name or IP address 362~ Time to LlvelTTLl 364~0ther In seconds TBD FIG. 15 [366 Example of Routing Message - Different Node 4401l0624444@sp.lhr.dlgifonica.com;ttl=9999 \ Y J k Y 359 J Q ,__J 361 363 FIG. 16 A/370 Prefix to Supernode Table Record Format 372~ Prefix 374~ Supernode Address First n digits of callee identifier IP address or fully qualified domain name FIG. 17 Prefix to Supernode Table Record for Calgary Subscriber Prefix 20 Supernode Address sp.yvr.digifonica.com FIG. 18 VPLM00224 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 14 0f 32 US 8,542,815 B2 Master List Record Format 500~ ml_id Alphanumeric 502"» Dialing code Number Sequence 504*» Country code The country code is the national prefix to be used when dialing T0 a particular country FROM another country. 506*» Nat Sign #(Area Code) Number Sequence 508'» Min Length 510~ Max Length Numeric Numeric 512~ NDD The N00 prefix is the access code used to make a call WITHIN that country from one city to another (when calling another city in the same vicinity, this may not be necessary). 514*" IDD The 100 prefix is the international prefix needed to dial a call FROM the country listed T0 another country. 516*» Buffer rate Safe change rate above the highest rate charged by suppliers FIG. 19 Example: Master List Record with Populated Fields ml_id Dialing code Country code Nat Sign #(Area Code) 1019 1604 1 604 Min Length Max Length 7 7 NDD I00 1 011 Buffer rate $0.009lmin FIG. 20 VPLM00225 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 15 0f 32 US 8,542,815 B2 Suppliers List Record Format 540» Sup_id 542'» Ml_id Name code Numeric code 544/» Prefix (optional) String identifying supplier's traffic # 546» Specific Route 548'» NDDIIDD rewrite IP address 550~ Rate Cost per second to Digifonica to use this route 551 ~ Timeout Maximum time to wait for a response when requesting this gateway FIG. 21 Telus Supplier Record Sup_id 2010 (Telus) Ml_id 1019 Prefix (optional) 4973# Specific Route NDDllDD rewrite Rate Timeout 7264.39.58 011 $0.02Imin 20 FIG. 22 Shaw Supplier Record Sup_id 2011 (Shaw) Ml_id 1019 Specific Route NDDIIDD rewrite Rate 7365.40.59 011 $0.025Imin Timeout 30 Prefix (optional) 4974# FIG. 23 Sprint Supplier Record Sup_id 2012 (Sprint) Ml_id 1019 Specific Route NDDIIDD rewrite 74.66.41.60 011 Rate $0.03Imin Timeout 40 Prefix (optional) 4975# FIG. 24 VPLM00226 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 16 0132 US 8,542,815 B2 Routing Message Butter for Gateway Call FIG. 25 Call Block Table Record Format 604~ Username Digifonica # 606~ Block Pattern PSTN compatible or Digifonica # FIG. 26 Call Block Table Record for Calgary Callee 604/» Username of Callee 606*» Block Pattern 2001 1050 2222 2001 1050 8664 FIG. 27 Call Forwarding Table Record Format for Callee 614*» Username of Callee 616~0estination Number 618~Sequence Number Digitonica # Digifonica # Integer indicating order to try this FIG. 28 Call Forwarding Table Record for Calgary Callee 614~Username of Callee 616~0estinatlon Number 618~ Sequence Number 2001 1050 2222 2001 1055 2223 1 FIG. 29 VPLM00227 2/9/2016 9:34:11 A US. Patent Sep. 24, 2013 Sheet 17 0132 US 8,542,815 B2 Voicemail Table R900"! Format 624*» Username of Callee Digifonica # 626~ Vrn Server 628~Seconds to Volcemall domain name time to wait before engaging voicemail 630*» Enabled yeslno FIG. 30 Voicemail Table Record for Calgary Callee Username of Callee 2001 1050 2222 Vm Server vm.yvr.digifonioa.oom Seconds to Voieemail Enabled 20 1 FIG. 31 Routing Message Buffer - Same Node 650'» 200110502222@sp.yvr.digifonica.com;ttl=3600 652*» 200110552223@sp.yvr.digifonioa.oom;ttl=3600 654~ vm.yvr.digifonica.com;20;tt|=60 656~ sp.yvr.digifonica.com FIG. 32 VPLM00228 2/9/2016 9:34:11 A VPLM00229 2/9/2016 9:34:11 A VPLM00230 2/9/2016 9:34:11 A VPLM00231 2/9/2016 9:34:11 A VPLM00232 2/9/2016 9:34:11 A VPLM00233 2/9/2016 9:34:11 A VPLM00234 2/9/2016 9:34:11 A VPLM00235 2/9/2016 9:34:11 A VPLM00236 2/9/2016 9:34:11 A VPLM00237 2/9/2016 9:34:11 A VPLM00238 2/9/2016 9:34:11 A VPLM00239 2/9/2016 9:34:11 A VPLM00240 2/9/2016 9:34:11 A VPLM00241 2/9/2016 9:34:11 A VPLM00242 2/9/2016 9:34:11 A VPLM00243 2/9/2016 9:34:11 A VPLM00244 2/9/2016 9:34:11 A VPLM00245 2/9/2016 9:34:11 A VPLM00246 2/9/2016 9:34:11 A VPLM00247 2/9/2016 9:34:11 A VPLM00248 2/9/2016 9:34:11 A VPLM00249 2/9/2016 9:34:11 A VPLM00250 2/9/2016 9:34:11 A VPLM00251 2/9/2016 9:34:11 A VPLM00252 2/9/2016 9:34:11 A VPLM00253 2/9/2016 9:34:11 A VPLM00254 2/9/2016 9:34:11 A VPLM00255 2/9/2016 9:34:11 A VPLM00256 2/9/2016 9:34:11 A VPLM00257 2/9/2016 9:34:11 A VPLM00258 2/9/2016 9:34:11 A VPLM00259 2/9/2016 9:34:11 A VPLM00260 2/9/2016 9:34:11 A VPLM00261 2/9/2016 9:34:11 A VPLM00262 2/9/2016 9:34:11 A VPLM00263 2/9/2016 9:34:11 A VPLM00264 2/9/2016 9:34:11 A VPLM00265 2/9/2016 9:34:11 A VPLM00266 2/9/2016 9:34:11 A VPLM00267 2/9/2016 9:34:11 A 8. Apple Inc. / J Lasker E-Mail dated November 5 2014 w Letter Attachment 8A Tom, Please see the attached letter. Regards, Jeff Jeffrey V. Lasker Legal Counsel, IP Transactions Apple 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014, USA Office 408-862-1377 jlasker@apple.com VPLM00268 2/9/2016 9:34:11 A 8A. Attachment to E-mail dated November 5 2014 - Response Letter November 5, 2014 Via Email Thomas E. Sawyer, Ph.D. Chairman and CEO Voip-Pal.com, Inc. P.O. Box 900788 Sandy, Utah 84090 Email: tesawyer@tesawyer.com Re: Voip-Pal.com, Inc. Dear Tom, I write in response to your correspondence dated October 15, 2014, which responds to my October 8, 2014 letter. As I have indicated previously, please direct all future correspondence regarding this matter to my attention. We appreciate your effort to focus the discussion to only the ‘815 patent instead of the other Voip-Pal patents that are not relevant to any Apple technology for the reasons expressed in my October 8, 2104 letter. We continue to believe that even the ‘815 patent is not applicable to any Apple products or services. While I appreciate a quick response from your team regarding the ‘815 patent, I do note that Voip-Pal still has not provided any claim charts explaining the basis of its infringement assertion, even though I have now requested that information on multiple occasions. If Voip-Pal disagrees with our assessment in this letter, I once again request that you provide detailed claim charts that illustrate how Voip-Pal contends each claim limitation is satisfied by Apple’s products or services. We have carefully reviewed Voip-Pal’s response to the issues raised in my October 8 letter regarding the ‘815 patent, and continue to believe that Apple does not require a license to Voip-Pal’s patents. We address each point raised in your correspondence below. In my October 8, 2014 letter, I pointed out that all of the claims of the ’815 patent are directed to routing telephone calls, as opposed to an instant messaging service such as iMessage. In response, you assert that the claims are directed to “communication” in general, and not limited to “calls.” In particular, you cited to the following claim language (emphasis original): Apple Inc. Jeffrey V. Lasker 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014 (408) 862-1377 jlasker @apple.com VPLM00269 2/9/2016 9:34:11 A There are several issues with your response. First, your cited text selectively focuses on one word (“communication”) in the claims, but otherwise completely ignores the surrounding text. As an initial matter, the claim itself is directed to a process for operating a “call” routing controller to facilitate communication between “callers and callees” (i.e., a person that makes the telephone call and the person that receives the telephone call). Moreover, your response completely ignores the very next claim limitation following your cited passage (emphasis added): As can be seen by the highlighted text, the “receiving” limitation is performed in response to initiation of a “call.” There are similar “call” related limitations in each of the other limitations of the claim. Thus, the claim (and all the other claims) of the ‘815 patent are directed to routing telephone calls. In your letter, you contend that the claims are not limited to voice calls, but can also include data. But even if calls can include data, that does not mean that all data transmissions are necessarily “calls.” Indeed, text messaging is not a “call.” If you have any other basis for alleging the claims are not limited to “calls,” please let us know so that we can consider your basis. In my October 8, 2014 letter, I pointed out that Voip-Pal fails to articulate how iMessage uses the “caller” information for routing, in contrast to the “callee” information distinguished during prior art. Voip-Pal’s response misconstrues our position when it states that “[i]t is not correct to say that ‘815 only claims call for using the ‘caller’ information to determine where to route the call.” (emphasis added). Our position is that even though the Applicant specifically argued during prosecution that the claimed invention routes calls, among other things, based on the “caller” information, your allegations against iMessage fails to identify any “caller” information that is used. As such, Voip-Pal’s response still continues to be deficient in this regard since it fails to identify what Voip-Pal contends satisfies the “caller” information in iMessage. In my letter dated October 8, 2014, I also pointed out Voip-Pal’s contention that “Internet” is a “private” network runs contrary to the specification. In response, Voip-Pal cites to several passages from the specification. But those passages only underscore the 2 VPLM00270 2/9/2016 9:34:11 A point that the Internet is not a “private” network. In support of its contention, Voip-Pal first cites the following passage (emphasis original): This passage itself distinguishes between the Internet (which is public) and a private network. The other cited passage likewise does not support Voip-Pal’s contention that the “Internet” is a “private” network. In particular, Voip-Pal cites the following passage (emphasis in the original): The disjunctive use of “private IP network” and “Internet” in this passage underscores the point that the “Internet” is different from a “private” network. It does not suggest that the Internet is a private network. Voip-Pal’s response also contends that the ‘815 patent is applicable to Facetime and Facetime Audio for the same reasons as it is applicable to iMessage. In this regard, Voip-Pal states that both Facetime “applications run calls between private subscribers, while can send SMS to legacy PSTN network. In other words, Voip-Pal acknowledges that, even under its own understanding, Facetime involves only a private-to-private connection and no “public” connection. In view of this, we fail to understand how the ‘815 patent can be applicable to Facetime, particularly since all of the claims call for classifying the call as either a private network call or a public network call before taking an action. While Voip-Pal cites to several dependent claims in its response (purportedly to show the relevance of the ‘815 patent to Facetime), we note that all of those claims depend from the independent claims that require classifying the call as either private or public network. As such, even these dependent claims include a claim limitation that is not applicable to FaceTime. 3 VPLM00271 2/9/2016 9:34:11 A For at least the reasons set forth above, we continue to believe that Apple does not need a license to Voip-Pal's patents. If you disagree with our assessment and have any additional information for us to consider (including detailed claim charts explaining the basis for your assertion), please forward them to me for further consideration. Regards, Jeffrey V. Lasker Legal Counsel, IP Transactions 4 VPLM00272 2/9/2016 9:34:11 A 9. Email to Apple Inc. / J Lasker dated November 10 2014 w Attachment 9A Thomas E. Sawyer <tesawyer@tesawyer.com> 11/10/14 to Jeffrey Jeff, Please review the attached letter responding to you letter of November 5, 2014. You continue to allege that Apple is not using any of the patented technology developed by Voip-Pal. I know that it is part of your job as Apple's counsel for IP to take the position of not violating any patented technology, but it seems obvious to independent expert consultants that Apple is using Voip-Pal's technology. If we can agree to a mutual non-disclosure, non-compete, we can prepare the Chart of Claims that you have requested. Without the specifics of the Apple functionality, we cannot be certain of the claims validity. I look forward to your response with technical input, rather than the meaning of a call, which seems evident to all of both in-house senior technical staff and independent senior consultants that have provided input on the matter. Thanks and have a great week. Dr. Thomas E. Sawyer VPLM00273 2/9/2016 9:34:11 A 9A. Attachment to E-Mail dated November 10 2014 Voip-Pal One Number · One World 10900 NE 4th Street, Suite 2300 Bellevue, WA, 98004 November 10, 2014 Jeffrey V. Lasker Legal Counsel, IP Transactions Apple Inc. 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014 Re: Letter of November 5, 2014 Dear Jeffrey, In order to respond specifically to the issues raised in your letter of November 5, 2015, I have reproduced sections from your letter and responses from our engineers (in green): There are several issues with your response. First, your cited text selectively focuses on one word (“communication”) in the claims, but otherwise completely ignores the surrounding text. As an initial matter, the claim itself is directed to a process for operating a “call” routing controller to facilitate communication between “callers and callees” (i.e., a person that makes the telephone call and the person that receives the telephone call). Moreover, your response completely ignores the very next claim limitation following your cited passage (emphasis added): “Call,” “Caller,” “Callee”: this terminology refers to calls in general. This is not specific to a telephone call, but any call, including messaging calls. Therefore, any call (i.e., messaging call). As can be seen by the highlighted text, the “receiving” limitation is performed in response to initiation of a “call.” There are similar “call” related limitations in each of the other limitations of the claim. Thus, the claim (and all the other claims) of the ‘815 patent are directed to routing telephone calls. In your letter, you contend that the claims are not limited to voice calls, but can also include data. But even if calls can include data, that does not mean that all data transmissions are necessarily “calls.” Indeed, text messaging is not a “call.” If you have any other basis for alleging the claims are not limited to “calls,” please let us know so that we can consider your basis. VPLM00274 2/9/2016 9:34:11 A Voip-Pal One Number · One World 10900 NE 4th Street, Suite 2300 Bellevue, WA, 98004 In the past, messages like email were subject to deferred delivery. They were not calls by today’s standards. Modern messages are transmitted instantly. They require signalling to set up a communication session for transferring the message. Thus, by industry definition this is a call. In my October 8, 2014 letter, I pointed out that Voip-Pal fails to articulate how iMessage uses the “caller” information for routing, in contrast to the “callee” information distinguished during prior art. Voip-Pal’s response misconstrues our position when it states that “[i]t is not correct to say that ‘815 only claims call for using the ‘caller’ information to determine where to route the call.” (emphasis added). Our position is that even though the Applicant specifically argued during prosecution that the claimed invention routes calls, among other things, based on the “caller” information, your allegations against iMessage fails to identify any “caller” information that is used. As such, Voip-Pal’s response still continues to be deficient in this regard since it fails to identify what Voip-Pal contends satisfies the “caller” information in iMessage. Given the scale of the current iMessage user base, Apple’s private network of supporting servers is geographically and logically distributed, resulting in a multi-node network. When setting up a message transfer, servers must decide whether caller and callee are on the same node or different nodes. If they are on different nodes, the servers must then determine the best path between the nodes. Therefore, the RBR caller and callee identifier procedure is being applied. In my letter dated October 8, 2014, I also pointed out Voip-Pal’s contention that “Internet” is a “private” network runs contrary to the specification. In response, Voip-Pal cites to several passages from the specification. But those passages only underscore the point that the Internet is not a “private” network. In support of its contention, Voip-Pal first cites the following passage (emphasis original): This passage itself distinguishes between the Internet (which is public) and a private network. The other cited passage likewise does not support Voip-Pal’s contention that the “Internet” is a “private” network. In particular, Voip-Pal cites the following passage (emphasis in the original): VPLM00275 2/9/2016 9:34:11 A Voip-Pal One Number · One World 10900 NE 4th Street, Suite 2300 Bellevue, WA, 98004 The disjunctive use of “private IP network” and “Internet” in this passage under- scores the point that the “Internet” is different from a “private” network. It does not suggest that the Internet is a private network. In a previous response, we have shown that the Internet consists of public networks. Inside these public networks, private networks such as Facebook, Apple, Vonage, Viber, etc are operating. The private networks that operate inside the public networks consist of supporting servers, with which subscribers become associated. For example, suscribers connect to the private network of Apple via public Internet access through Verizon wireless. Voip-Pal’s response also contends that the ‘815 patent is applicable to Facetime and Facetime Audio for the same reasons as it is applicable to iMessage. In this regard, Voip-Pal states that both Facetime “applications run calls between private subscribers, while can send SMS to legacy PSTN network. In other words, Voip-Pal acknowledges that, even under its own understanding, Facetime involves only a private-to-private connection and no “public” connection. In view of this, we fail to understand how the ‘815 pa- tent can be applicable to Facetime, particularly since all of the claims call for classifying the call as either a private network call or a public network call before taking an action. While Voip-Pal cites to several dependent claims in its response (purportedly to show the relevance of the ‘815 patent to Facetime), we note that all of those claims depend from the independent claims that require classifying the call as either private or public network. As such, even these dependent claims include a claim limitation that is not applicable to FaceTime. We agree that Facetime audio is only a private-to-private connection and no “public” connection, but it still requires a call classification procedure in order to route the calls in a multi-node enviroment. This functionality is covered by the 815 Patent. For at least the reasons set forth above, we continue to believe that Apple does not need a license to Voip-Pal's patents. If you disagree with our assessment and have any additional information for us to consider (including detailed claim charts explaining the basis for your assertion), please forward them to me for further consideration. VPLM00276 2/9/2016 9:34:11 A Voip-Pal One Number · One World 10900 NE 4th Street, Suite 2300 Bellevue, WA, 98004 Voip-Pal engineers based part of their reports on publicly available information. Your continued requests for Voip-Pal to provide Apple with detailed claim charts will only be possible if you would disclose iMessaging architecture for our engineers to review. Of course, Voip-Pal and its engineers will sign a mutual nondisclosure/confidentiality document with Apple prior to such disclosure. iMessaging Apple uses a cloud-based system within which decisions on routing text messages are made. When text messages are routed from iPhone to iPhone their infrastructure ensures that both devices - regardless of their phone number - route messages through the Internet. When they see a text message from an iPhone to a phone number without an associated Apple ID, they route the message through the phone network, rather than the Internet. This decisionmaking and routing where decisions are made on call (or message) routing based on subscriber membership in a call plan through either an IP Network or through a phone network is exactly the type of routing that is described in the RBR patent. We feel confident Voip-Pal has demonstrated that the basic attributes of RBR patents are being utilized by Apple Messaging. It appears that you, as legal counsel for Apple’s IP, are attempting to impede the obvious conclusion that Apple is using Voip-Pal’s patented technology, more specifically RBR’s functionalities. It is hoped that this response, in conjunction with earlier correspondence, provides sufficient evidence for Apple to acquire a license to Voip-Pal’s patented technologies, or to purchase the patents. Regards, Dr. Thomas E. Sawyer Director, Special Projects Telephone: 801.944.4090 Cell: 801.860.9944 Email: tesawyer@tesawyer.com VPLM00277 2/9/2016 9:34:11 A 10. Apple Inc. / J Lasker E-Mail December 22 2014 w Attachment 10A From: Jeffrey Lasker <jlasker@apple.com> Date: Mon, 22 Dec 2014 08:11:07 -0800 Subject: Voip-Pal.com, Inc. To: tesawyer@tesawyer.com XMailer: Apple Mail (2.1990.1) X-Brightmail-Tracker: Tom, Please see the attached letter. I wish you happy holidays and a wonderful New Year. Regards, Jeff Jeffrey V. Lasker Legal Counsel, IP Transactions Apple 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014, USA Office 408-862-1377 jlasker@apple.com VPLM00278 2/9/2016 9:34:11 A 10A. Attachment to E-Mail dated December 22 2014 December 22, 2014 Via Email Thomas E. Sawyer, Ph.D. Chairman and CEO Voip-Pal.com, Inc. P.O. Box 900788 Sandy, Utah 84090 Email: tesawyer@tesawyer.com Re: Voip-Pal.com, Inc. Dear Tom, I am in receipt of your letter dated November 10, 2014. After carefully reviewing VoipPal’s response, we remain unpersuaded that the ‘815 patent has any applicability to any Apple products or services for the reasons expressed in my previous letters. Voip-Pal’s continued inability to provide the requested claim charts only further underscores the disconnect between the ‘815 patent’s claims and any Apple technology. Indeed, your response concedes that Voip-Pal lacks the specifics of the Apple functionality, and, as such, Voip-Pal “cannot be certain of the claims validity.” We are troubled by Voip-Pal’s persistent allegations that the ‘815 patent is relevant to Apple technology despite (1) its admission that it lacks the proper understanding of “the Apple functionality” and (2) its own concerns regarding the claims’ validity. You request that Apple share the iMessage architecture with Voip-Pal pursuant to a mutual non-disclosure agreement. While we appreciate your offer, we do not believe that is necessary or would be productive as the claims of the ‘815 patent themselves demonstrate that the ‘815 patent has no applicability to iMessage, or even Facetime. As I explained in detail in my October 8 and November 5 letters, multiple limitations of the ’815 are missing from iMessage and Facetime. Our conclusions are based on publicly available information. For example, the publicly known fact that text messages of iMessage are not telephone calls as required by the claims. Apple Inc. Jeffrey V. Lasker 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014 (408) 862-1377 jlasker @apple.com VPLM00279 2/9/2016 9:34:11 A In view of our non-infringement positions, we believe any assertion against Apple would be objectively baseless. Should you have any questions, please contact me. Regards, Jeffrey V. Lasker Legal Counsel, IP Transactions VPLM00280 2/9/2016 9:34:11 A 11. Letter to Apple dated November 30 2015 sent by Registered Post VoIP‐Pal.com Inc.  10900 NE Street, Suite 2300  Bellevue, WA 98004  Via E-mail: jlasker@apple.com and Registered Mail November 30 2015 Apple Inc. 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014 Attention: Jeffrey V. Lasker Legal Counsel, IP Transactions Re: VoIP-Pal.com Inc. Patent(s) Dear Mr. Lasker: I am the Chief Executive Officer of VoIP-Pal.com Inc. (VoIP-Pal). I am aware that there was an exchange of communications between your colleague Ms. Denise Kerstein, yourself and Dr. Thomas E. Sawyer, former Chief Executive Officer of VoIP-Pal, through the fall of 2014. This letter is an update to that earlier communication. Early last month, the United States Patent Office issued a continuation of our routing patent US 8,542,815. The continuation patent US 9,179,005 clarifies that routing of messaging and other electronic communications are covered by US 8,542,815. For your convenience, I am also including a table of VoIP-Pal patents. Please feel free to contact me directly if you wish to initiate a conversation about these patents. My contact information is as follows: E-mail: Telephone: Address: emil@emilmalak.ca (604) 889-0516 773 Hornby Street Vancouver, BC V6Z1S4 Canada VoIP‐Pal Letter to Apple, 11/30‐2015 1  VPLM00281 2/9/2016 9:34:11 A VPLM00282 2/9/2016 9:34:11 A VoIP‐Pal / Digifonica Active U.S. Patent Matters as of November 6, 2015  Country  Code  Filing Date/  National Phase  Entry Date  Application/        Patent Number  Title\Subject  File Status  US  05/03/2010  8422507  INTERCEPTING VOICE OVER IP COMMUNICATIONS AND  OTHER DATA COMMUNICATIONS  Issued   US  15/04/2013  9143608  INTERCEPTING VOICE OVER IP COMMUNICATIONS AND  OTHER DATA COMMUNICATIONS  Issued   US  17/07/2015  14/802929  INTERCEPTING VOICE OVER IP COMMUNICATIONS AND  OTHER DATA COMMUNICATIONS  Pending   US  01/03/2010  8542815  PRODUCING ROUTING MESSAGES FOR VOICE OVER IP  COMMUNICATIONS  Issued  US  13/08/2013  9179005  PRODUCING ROUTING MESSAGES FOR VOICE OVER IP  COMMUNICATIONS  Issued  US   17/09/2013  9137385  DETERMINING A TIME TO PERMIT A COMMUNICATIONS  Issued  US   17/09/2013  8774378  ALLOCATING CHARGES FOR COMMUNICATIONS SERVICES  Issued  US  07/07/2014  14/325181  ALLOCATING CHARGES FOR COMMUNICATIONS SERVICES  Pending   US  14/09/2015  14/853705  DETERMINING A TIME TO PERMIT A COMMUNICATIONS  SESSION TO BE CONDUCTED  Pending   US  07/10/2015  14/877570  PRODUCING ROUTING MESSAGES FOR VOICE OVER IP  COMMUNICATIONS  Pending   US  05/03/2010  8537805  EMERGENCY ASSISTANCE CALLING FOR VOICE OVER IP  COMMUNICATIONS SYSTEMS  Issued   US  15/08/2013  13/968217  EMERGENCY ASSISTANCE CALLING FOR VOICE OVER IP  COMMUNICATIONS SYSTEMS  Pending   US  27/01/2011  8630234  MOBILE GATEWAY  Issued  US  24/09/2013  14/035806  MOBILE GATEWAY  Pending   US  16/03/2012  8,675,566  UNINTERRUPTED TRANSMISSION OF INTERNET PROTOCOL  TRANSMISSIONS DURING ENDPOINT CHANGES  Issued  US  27/11/2013  9154417  UNINTERRUPTED TRANSMISSION OF INTERNET PROTOCOL  TRANSMISSIONS DURING ENDPOINT CHANGES  Issued  US  17/07/2015  14/802872  UNINTERRUPTED TRANSMISSION OF INTERNET PROTOCOL  TRANSMISSIONS DURING ENDPOINT CHANGES  Pending   VoIP‐Pal Letter to Apple, 11/30‐2015 3  VPLM00283 2/9/2016 9:34:11 A VoIP‐Pal / Digifonica Active Brazil, Canada, Europe, Indonesia, India Patent Matters  as of November 6, 2015  Country  Code  Filing Date/  National Phase  Entry Date  Application  Number  Title/Subject  File Status  BR  04/05/2009  PI0718312‐7  PRODUCING ROUTING MESSAGES FOR VOICE  OVER IP COMMUNICATIONS  Awaiting Examination  BR  29/05/2009  PI0719682‐2  INTERCEPTING VOICE OVER IP  COMMUNICATIONS AND OTHER DATA  COMMUNICATIONS  Awaiting Examination  CA  30/04/2009  2668025  PRODUCING ROUTING MESSAGES FOR VOICE  OVER IP COMMUNICATIONS  Allowed ‐ Issue Fee Due  April 14, 2016  CA  25/05/2009  2670510  INTERCEPTING VOICE OVER IP  COMMUNICATIONS AND OTHER DATA  COMMUNICATIONS  Pending   CA  24/09/2009  2681984  EMERGENCY ASSISTANCE CALLING FOR VOICE  OVER IP COMMUNICATIONS SYSTEMS  Pending   CA  26/01/2011  2732148  MOBILE GATEWAY  Response Due Feb 18,  2016  CA  15/03/2013  2812174  UNINTERRUPTED TRANSMISSION OF INTERNET  PROTOCOL TRANSMISSIONS DURING ENDPOINT  CHANGES  Pending   EP  29/05/2009  7816106.4  PRODUCING ROUTING MESSAGES FOR VOICE  OVER IP COMMUNICATIONS  Awaiting Examination  EP  24/06/2009  7855436.7  INTERCEPTING VOICE OVER IP  COMMUNICATIONS AND OTHER DATA  COMMUNICATIONS  Awaiting Examination  EP  28/02/2011  9802316.1  MOBILE GATEWAY  Awaiting Examination  EP  17/04/2012  9849358.8  UNINTERRUPTED TRANSMISSION OF INTERNET  PROTOCOL TRANSMISSIONS DURING ENDPOINT  CHANGES  Allowed ‐ Notice of  Intention to grant rcvd  July 2015  ID  01/05/2009  WOO 2009 01165  PRODUCING ROUTING MESSAGES FOR VOICE  OVER IP COMMUNICATIONS  Reinstated  ID  27/05/2009  WOO 2009 01414  INTERCEPTING VOICE OVER IP  COMMUNICATIONS AND OTHER DATA  COMMUNICATIONS  Response to outstanding  Examiners Report filed  Aug 31, 2015  IN  29/05/2009  1047/MUMNP/2009  PRODUCING ROUTING MESSAGES FOR VOICE  OVER IP COMMUNICATIONS  Examination Requested  IN  29/06/2009  1227/MUMNP/2009  INTERCEPTING VOICE OVER IP  COMMUNICATIONS AND OTHER DATA  COMMUNICATIONS  Examination Requested  VoIP‐Pal Letter to Apple, 11/30‐2015 4  VPLM00284 2/9/2016 9:34:11 A 12. Apple Inc. / J Lasker E-mail dated December 8 2015 w Attachment 12A From: jlasker@apple.com <jlasker@apple.com> on behalf of Jeffrey Lasker <jlasker@apple.com> Sent: December 8, 2015 9:46 AM To: Emil Malak Cc: dkerstein@apple.com; rayleon11@gmail.com Subject: Re: VoIP-Pal.com Inc. Patents Emil, Please see the attached letter. Regards, Jeff Jeffrey V. Lasker Legal Counsel, IP Transactions Apple 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014, USA Office 408-862-1377 jlasker@apple.com This email and any attachments may be privileged and may contain confidential information intended only for  the recipient(s) named above. Any other distribution, forwarding, copying or disclosure of this message is  strictly prohibited. If you have received this email in error, please notify me immediately by telephone or return email,  and delete this message from your system.  VPLM00285 2/9/2016 9:34:11 A 12A. Attachment to E-mail dated December 8 2015 December 8, 2015 Via Email Emil Malak CEO & Director Voip-Pal.com, Inc. 773 Hornby Street Vancouver, BC V6Z1S4 Canada Email: emil@emilmalak.ca Re: Voip-Pal.com, Inc. Dear Mr. Malak, I am in receipt of your letter dated November 30, 2015 in which note that a continuation patent (U.S. No. 9,179,004) to U.S. Patent No. 8,542,815 has issued since our last communication with VoIP-Pal back in late 2014. We have reviewed the newly issued ‘004 patent, and believe that this patent is also inapplicable to Apple products or services for at least the same reasons we identified in our previous correspondence relating to the ‘815 patent. Thus, as noted previously, we do not believe that any license to VoIP-Pal’s patents is necessary. To the extent you disagree, we request that you provide detailed claim charts supporting your contentions. Your letter also notes that Ray Leon of VoIP-Pal has been in contact with my colleague Denise Kerstein. Denise informed Ray that we are not interested in acquiring Voip-Pal’s patents. Regards, Jeffrey V. Lasker Legal Counsel, IP Transactions Apple Inc. Jeffrey V. Lasker 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014 (408) 862-1377 jlasker@apple.com VPLM00286 2/9/2016 9:34:11 A 13. E-mail to Apple sent at 3:24 PM on December 9 2015 w Attachment 13A From: Emil Malak Sent: December 9, 2015 3:24 PM To: Jeffrey Lasker Cc: dkerstein@apple.com; rayleon11@gmail.com Subject: Re: VoIP Pal.com Inc. Patents Jeff: Please see the attached letter. Regards, Emil Emil Malak CEO & Director VoIP Pal.com Inc. VPLM00287 2/9/2016 9:34:11 A 13A. Attachment to E-Mail sent at 3:24 PM on December 9 2015 VPLM00288 2/9/2016 9:34:11 A Technical Overview  Why  are  Voip‐Pal’s  Classification  and  Routing  Patent  US  8542815  and  US  9179005  Continuation Patent fundamental to current telecommunications infrastructure?  The patenting of Dynamic Call Classification is a landmark achievement in the world of modern telecommunications.   These  patents  articulate  the  technology  required  to  classify  and  route  “call  sessions”  over  a  complex  multiple  node  structure, whether private or public, or any combination of thereof, all of which may include voice, messaging, video  and include M2M (Machine to Machine).   The closest prior art merely disclosed static classification: for example, by the amount of money the subscriber has paid,  or by available bandwidth, or some other simple criteria.  From the earliest days of phone communication, calls were  routed solely using the callee number.  Our patents (the first in the industry to do so) utilize caller attributes (in addition  to callee id) to call classification, making it dynamic).   Prior to 2005, when legacy PSTN dominated the world, call routing was primitive (akin to the AOL dial up internet model).   After 2005, multiple private Internet clouds were developed (e.g., Vonage, Apple, Facebook, Google, etc.), each of them  being geographically distributed over multiple nodes, and the routing decisions became increasingly complex: How could  we route these communications? Via PSTN or via private clouds in the Internet (and, if the latter, to which node)? Prior  to 2005, most companies were monetizing by routing PSTN calls via the Internet. We predicted that the vast majority of  future communication will be not to PSTN, but between multiple private nodes, and called it a ‘Private’ call in our patents.  Today, millions of people are registered with those private nodes of social portals, and communicating with each other  seamlessly. Private call classification criteria, using both callee and caller information, are deployed by all social portals  and  carriers.  They  help  to  connect  subscribers  either  on  the  same  node,  or  between  different  nodes.  Digifonica  envisioned this structure PRIOR to this massive deployment and described the technology, structure and methodology  in all of now‐issued patents.  Voip‐Pal’s 815’ and 005’ patents cover not only telephony audio/video calls but also modern messaging, including M2M  (intelligent assets). ‘Modern’ means: messages must be able to accommodate and provide immediate real‐time response  (WhatsApp,  Facebook  Messenger,  iMessage,  Instagram,  Google  Hangouts).  Machine‐to‐Machine  intelligent  communications requires real‐time routing of messages in complex networks.  Online payments have at least four parties involved, most of them use geographically distributed redundant multi‐node  structure. For the financial transactions to succeed, they must be routed dynamically in real‐time.  Long‐awaited Voice‐over‐LTE (VoLTE) deploys functionality in its IMS (IP Multimedia Subsystem) which is very similar to  the 815’ and 005’ patents.  VPLM00289 2/9/2016 9:34:11 A How  is  it  that  Voip‐Pal  has  developed  these  815’  and  005’  patents,  rather  than  another  telecommunications company?  In the years 2003‐2005, Digifonica (a wholly owned subsidiary of Voip‐Pal) had the advantage of not having to support  existing customers or legacy systems (there were none).  We had the opportunity to start from a “blank slate” while  taking advantage of vast industry experience accumulated by that time.  All companies before 2005 were developing  their  own  systems,  such  as  Cisco  with  its  H323.    Digifonica  employed  top  professionals  in  the  open‐source  Linux  community, some of which are now well‐known and successful (e.g., Sippy Software, Inc., www.sippysoft.com).  Three  PhDs with various engineering backgrounds held the top positions at the Company.  Digifonica had a vision – which it  implemented in the three geographically distributed nodes, tested, and patented the core solutions.  Today, Voip‐Pal’s  815’ and 005’ solutions have been proven by the entire telecommunications industry, who are deploying them virtually  everywhere.  VPLM00290 2/9/2016 9:34:11 A Technical Comparison Table for Commonly Used Systems &  VOIP‐PAL’S PATENTS 8,542,815 & 9,179,005 Systems That Are Presently In Use Geographically distributed multi‐ node Private provider networks  including Machine to Machine (M2M),  Internet of Things (IoT) intelligent  asset management and instant  messaging systems (which may  include, text, voice and/or video) with  the subscribers (humans or machines)  associated with those nodes US 8542815 Producing Routing  Messages for Voice over IP  Communications A process for operating a call routing  controller to  facilitate communication between  callers and callees in a system  comprising a plurality of nodes with  which callers and callees are associated,  the process comprising: US 9179005 Producing Routing  Messages for Voice over IP  Communications A process for producing a routing  message for  routing communications   between a caller and a callee in a  communication system, the  process comprising:  Subscriber 'caller' chooses destination  In response to initiation of a call by a  'callee' number, account, other  calling subscriber, receiving a caller  identifier, or any kind of application‐ identifier and a callee identifier; level destination address and initiates  the communication. The provider’s  system (phone and/or server)  receives caller and callee identifiers Using a caller identifier associated  with the caller to locate a caller  dialing profile comprising a  plurality of calling attributes  associated with the caller; The provider’s system locates  subscriber/machine account, with  associated subscriber attributes,  defining how and where subscriber  may be available in provider's  network ‐ physically or logically Locating a caller dialing profile  comprising a username associated with  the caller and a plurality of calling  attributes associated with the caller; See below  The provider’s system matches a  portion of the destination 'callee'  identifier to the subscriber 'caller'  attributes Determining a match when at least one  of said calling attributes matches at  least a portion of said callee identifier; See below  Simplified example: Classifying the call as a public   network  call when said match meets public  network classification criteria and  classifying the call as a private network  call when said match meets private  network classification criteria; See below  ‐ if callee identifier is totally different  from caller attributes, that’s a public  communication to another provider  cloud ‐ if callee identifier is a bit similar to  caller attributes, that's a private call  between provider's subscribers on  different nodes VPLM00291 2/9/2016 9:34:11 A ‐ if callee identifier is very similar to  caller attributes, that's a private call  between subscribers on the same  node If the communication is identified  as Private call between nodes of the  same provider, it is sent over the  Internet to another node. If callee is  on the same node as caller, call stays  on the same node. When the call is classified as a private  network call, producing a private  network routing message for receipt by  a call controller, said private network  routing message identifying an address,  on the private network, associated with  the callee; When at least one of said calling  attributes and at least a portion of  a callee identifier associated with  the callee meet private network  classification criteria, producing a  private network routing message  for receipt by a call controller, said  private network routing message  identifying an address, on the  private network, associated with  the callee; and If the communication is identified  as Public call between different  provider’s clouds, or PSTN, it is  sent   to the gateway to another  provider, or PSTN telco. When the call is classified as a public  network call, producing a public  network routing message for receipt by  the call controller, said public network  routing message identifying a gateway  to the public network. When at least one of said calling  attributes and at least a portion of  said callee identifier meet a public  network classification criterion,  producing a public network routing  message for receipt by the call  controller, said public network  routing message identifying a  gateway to the public network. VPLM00292 2/9/2016 9:34:11 A 14. Apple Inc. E-mail received at 3:59 PM on December 9 2015 w Attachment 14A From: Jeffrey Lasker <jlasker@apple.com> Date: 12-09-2015 3:59 PM (GMT-08:00) To: Emil Malak <emil@emilmalak.ca> Cc: rayleon11@gmail.com Subject: Re: VoIP-Pal.com Inc. Patents Emil, The reference to the ‘004 patent was indeed an error. Attached is a corrected letter. Regards, Jeff VPLM00293 2/9/2016 9:34:11 A 14A. Attachment to E-mail received at 3:59 PM on December 9 2015 December 8, 2015 Via Email Emil Malak CEO & Director Voip-Pal.com, Inc. 773 Hornby Street Vancouver, BC V6Z1S4 Canada Email: emil@emilmalak.ca Re: Voip-Pal.com, Inc. Dear Mr. Malak, I am in receipt of your letter dated November 30, 2015 in which note that a continuation patent (U.S. No. 9,179,005) to U.S. Patent No. 8,542,815 has issued since our last communication with VoIP-Pal back in late 2014. We have reviewed the newly issued ‘004 patent, and believe that this patent is also inapplicable to Apple products or services for at least the same reasons we identified in our previous correspondence relating to the ‘815 patent. Thus, as noted previously, we do not believe that any license to VoIP-Pal’s patents is necessary. To the extent you disagree, we request that you provide detailed claim charts supporting your contentions. Your letter also notes that Ray Leon of VoIP-Pal has been in contact with my colleague Denise Kerstein. Denise informed Ray that we are not interested in acquiring Voip-Pal’s patents. Regards, Jeffrey V. Lasker Legal Counsel, IP Transactions Apple Inc. Jeffrey V. Lasker 1 Infinite Loop, MS 169-3IPL Cupertino, CA 95014 (408) 862-1377 jlasker@apple.com VPLM00294 2/9/2016 9:34:11 A

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