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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ALVERSON, TAYLOR,
MORTENSEN & SANDERS
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
ADAM R. KNECHT, ESQ.
Nevada Bar No. 13166
7401 W. Charleston Boulevard
Las Vegas, NV 89117
[phone]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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VOIP-PAL.COM, INC, a Nevada corporation,

CASE NO.:

Plaintiff,

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CHART 1
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v.

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APPLE, INC, a California corporation,

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ASSERTED CLAIMS AND
INFRINGEMENT CONDITIONS

Defendants.

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CHART 1

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CHART SUPPORTING ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
CONCERNING U.S. PATENT NO. 8,542,815

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Apple Inc. (“Apple”) manufacturers, supports and operates a messaging platform (the
“Apple Messaging System”) that includes Apple desktop computers, laptops, tablets and mobile
devices, software applications running on such devices and servers associated with iMessage, an
instant messaging service. The Apple Messaging System allows smartphone and desktop users
to send messages including text, images, video and audio to others. Apple practices certain
claims of U.S. Patent No. 8,542,815 (“the ’815 patent”) as illustrated in the chart below.
The Apple Messaging System allows devices to initiate a communication between a
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caller and a callee, which may be an Apple subscriber or a non-subscriber. A profile that
includes calling attributes is used as part of the process that classifies a communication.
The following chart applies claims 1, 7, 27, 28, 34, 54, 72 – 74, 92, 93 and 111 of the ‘815
patent to the Apple Messaging System.

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
1. [1p] 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:

Accused Device/Instrumentality
The Apple Messaging System includes 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 Apple Messaging System offers messaging services through its
Messages application, which is available for Apple desktop computers,
laptops, tablets and mobile devices running OS X, iOS and watchOS
operating systems.

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Apple Messages allows iPads and iPhones connected to a cellular network
and/or Wi-Fi network to send messages including text, audio, video and
images to other smartphone users.

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The Apple Messaging System uses a call routing controller that includes
one or more Apple servers and/or the caller Apple device.

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U.S. Patent No. 8,542,815
Disputed Claim

Accused Device/Instrumentality
The Apple Messaging System utilizes a plurality of nodes with which
callers and callees are associated.

[1a] in response
to initiation of a
call by a calling
subscriber,
receiving a caller
identifier and a
callee identifier;

The Apple Messaging System receives a caller identifier and a callee
identifier in response to initiation of a call by a calling subscriber.

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The message initiation includes information associated with the recipient
based on the contact list of the smartphone or entered by the user. The
callee identifier includes a phone number associated with the callee.

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

A message is initiated by the software application. Initiation of the
message begins with the establishment of communication between Apple
Messages and an Apple server. The message initiation includes the caller
identifier, which includes the Apple ID or other identifier of the caller.

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[1b] locating a
caller dialing
profile
comprising a
username
associated with
the caller and a
plurality of
calling attributes
associated with
the caller;

The Apple Messaging System locates a caller dialing profile comprising a
username associated with the caller and a plurality of calling attributes
associated with the caller.

[1c] determining
a match when at
least one of said
calling attributes
matches at least
a portion of said
callee identifier;

The Apple Messaging System determines a match when at least one of said
calling attributes matches at least a portion of said callee identifier.

[1d] classifying
the call as a
public network
call when said
match meets
public network

The Apple Messaging System classifies the call as a public network call
when the match meets public network classification criteria and classifying
the call as a private network call when the match meets private network
classification criteria.

A calling profile is located by an Apple server based on the Apple ID or
other identifier of the caller, or are located on the Apple device. Calling
attributes include information used in the classification of a call, such as
settings stored on the caller device, information stored on an Apple server,
and/or information obtained regarding the connection of the caller device
to the network.

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The Apple Messaging System matches at least one of the calling attributes
and at least a portion of the callee identifier in processing the callee
identifier.

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The Apple Messaging System allows messages to be sent using iMessage
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U.S. Patent No. 8,542,815
Disputed Claim
classification
criteria and
classifying the
call as a private
network call
when said match
meets private
network
classification
criteria;

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An example of calling attributes being used to establish private and public
network classification criteria is the use of caller information to interpret
the callee identifier. For example, if the callee identifier is an international
phone number with international dialing digits (IDD) or national dialing
digits (NDD) prepended, information associated with the registered
location of the caller and/or the physical location of the caller is used to
determine how to reformat the callee identifier before it can be determined
if the callee is an Apple subscriber with iMessage available.

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Another example of calling attributes being used to establish private and
public network classification criteria is the use of saved information on the
caller device and/or saved information stored on Apple servers regarding
recently sent messages. For example, if a message is being sent to a callee
that has recently been sent a message using iMessage, the message may be
classified as private based on the saved information. Similarly, if a
message is being sent to a callee that has recently been sent a message
using SMS/MMS, the message may be classified as public based on the
saved information.

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Accused Device/Instrumentality
and using SMS/MMS. Private network classification criteria represents
routing the message using the iMessage system. Public network
classification criteria represents routing the message using SMS/MMS.
Calling attributes are used to establish a private and public network
classification criteria.

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[1e] 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;

The Apple Messaging System produces a private network routing message
for receipt by a call controller that identifies an address, on the private
network, associated with the callee, when the call is classified as a private
network call.
The iMessage protocol is based on the Apple Push Notification Service. If
a user message is sent using iMessage, a message is sent to an Apple Push
Notification server which communicates with the callee’s device.

The Messages application indicates that a message is sent using iMessage
by filling in the text bubble of the message with the color blue.

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
[1f] 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.

Accused Device/Instrumentality
The Apple Messaging System produces a public network routing message
for receipt by the call controller that identifies a gateway to the public
network, when the call is classified as a public network call.
If a message is sent using SMS/MMS, the device running the Messages
application delivers the message using a gateway associated with the
cellular network.
The Messages application indicates that a message is sent to a non-Apple
subscriber by filling in the text bubble of the message with the color green.

7. The process of
claim 1 further
comprising
formatting said
callee identifier
into a predefined digit
format to
produce a reformatted callee
identifier.

The Apple Messaging System formats said callee identifier into a predefined digit format to produce a re-formatted callee identifier.

27. [27p] A nontransitory
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

The Apple Messaging System includes 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.
See claim element [1p].

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U.S. Patent No. 8,542,815
Disputed Claim
system
comprising a
plurality of
nodes with
which callers and
callees are
associated, the
method
comprising:

Accused Device/Instrumentality

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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[27a] in response See claim element [1a].
to initiation of a
call by a calling
subscriber,
receiving a caller
identifier and a
callee identifier;
[27b] locating a
caller dialing
profile
comprising a
username
associated with
the caller and a
plurality of
calling attributes
associated with
the caller;

See claim element [1b].

[27c]
determining a
match when at
least one of said
calling attributes
matches at least
a portion of said
callee identifier;

See claim element [1c].

[27d] classifying
the call as a
public network
call when said
match meets

See claim element [1d].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
public network
classification
criteria and
classifying the
call as a private
network call
when said match
meets private
network
classification
criteria;

Accused Device/Instrumentality

[27e] 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

See claim element [1e].

[27f] 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

See claim element [1f].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
public network.

Accused Device/Instrumentality

28. [28p] 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:

The Apple Messaging System includes 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.

[28a] receiving
means for
receiving a caller
identifier and a
callee identifier,
in response to
initiation of a
call by a calling
subscriber;

See claim element [1a].

[28b] means for
locating a caller
dialing profile
comprising a
username
associated with
the caller and a
plurality of
calling attributes
associated with
the caller;

See claim element [1b].

[28c] means for
determining a
match when at
least one of said

See claim element [1c].

See claim element [1p].

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U.S. Patent No. 8,542,815
Disputed Claim
calling attributes
matches at least
a portion of said
callee identifier;

Accused Device/Instrumentality

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[28d] means for
classifying the
call as a public
network call
when said match
meets public
network
classification
criteria;

See claim element [1d].

[28e] means for
classifying the
call as a private
network call
when said match
meets private
network
classification
criteria;

See claim element [1d].

See claim element [1e].

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[28f] 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

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[28g] means for

See claim element [1f].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Disputed Claim
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.

Accused Device/Instrumentality

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34. The
apparatus of
claim 28 further
comprising
formatting
means for
formatting said
callee identifier
into a predefined digit
format to
produce a reformatted callee
identifier.

See claim 7.

The Apple Messaging System and the carrier system includes a call routing
controller to establish a call between a caller and a callee in a
communication system.

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54. [54p] 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:

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[54a] in response See claim element [1b].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815

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See claim element [1p].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
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
[54b] 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,

Accused Device/Instrumentality

See claim elements [1c], [1d].

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[54c] producing See claim element [1e].
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
[54d] when at
least one of said
calling attributes
and said at least

See claim elements [1c], [1d].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
said portion of
said callee
identifier
associated with
the callee match
and when the
match meets a
public network
classification
criterion,
[54e] producing
a public network
routing message
for receipt by a
call controller,
said public
network routing
message
identifying a
gateway to a
public network.

Accused Device/Instrumentality

See claim element [1f].

72. The process
The Apple Messaging System causes causing the private network routing
of claim 54
message or the public network routing message to be communicated to a
further
call controller to effect routing of the call.
comprising
causing the
private network
routing message
or the public
network routing
message to be
communicated to
a call controller
to effect routing
of the call.
73. A nontransitory
computer
readable medium
encoded with
codes for

The Apple Messaging System include a non-transitory computer readable
medium encoded with codes for directing a processor to execute the
method of claim 54.
See claim elements [54p], [54a], [54b], [54c], [54d] and [54e].
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
directing a
processor to
execute the
method of claim
54.

Accused Device/Instrumentality

74. [74p] A call
routing
controller
apparatus for
establishing a
call between a
caller and a
callee in a
communication
system, the
apparatus
comprising:

The Apple Messaging System and the carrier system include a call routing
controller apparatus for establishing a call between a caller and a callee in a
communication system.

[74a] a processor
operably
configured to:

The Apple Messaging System and the carrier system consists of multiple
machines with processors at multiple Apple locations, including servers
and gateways accessible over local and wide area networks.

[74b] 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

The Apple Messaging System and the carrier system includes a database of
caller dialing profiles, each associating 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.

[74c] produce a
private network

See claim element [1e].

See claim clement [1p].

See claim elements [1a], [1b].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
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,

Accused Device/Instrumentality

[74d] 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

See claim elements [1c], [1d].

[74e] produce a
public network
routing message
for receipt by a
call controller,
said public
network routing
message
identifying a
gateway to a
public network,

See claim element [1f].

[74f] when at
least one of said

See claim elements [1c], [1d].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 8,542,815
Disputed Claim
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.

Accused Device/Instrumentality

92. The
The Apple Messaging System causes the private network routing message
apparatus of
or the public network routing message to be communicated to a call
claim 74 wherein controller to effect routing of the call.
said processor is
further operably
configured to
cause the private
network routing
message or the
public network
routing message
to be
communicated to
a call controller
to effect routing
of the call.

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The Apple Messaging System establishes a call between a caller and a
callee in a communication system.

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93. [93p] A call
routing
controller
apparatus for
establishing a
call between a
caller and a
callee in a
communication
system, the
apparatus
comprising:

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[93a] means for

See claim element [74b].

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See claim clement [1p].

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

U.S. Patent No. 8,542,815
Disputed Claim
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

Accused Device/Instrumentality

[93b] 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,

See claim element [74c].

[93c] 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

See claim element [74d].

16

VPLM00314
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1
2
3
4
5
6

U.S. Patent No. 8,542,815
Disputed Claim
match meets a
private network
classification
criterion, the
address being
associated with
the callee; and

Accused Device/Instrumentality

7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16
17
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19
20
21
22
23
24
25
26
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28

[93d] 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

See claim element [74e].

[93e] 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.

See claim element [74f]

111. The
apparatus of
claim 93 further
comprising
means for
causing the
private network
routing message

The Apple Messaging System comprises means for causing the private
network routing message or the public network routing message to be
communicated to a call controller to effect routing of the call.

17

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1
2
3
4
5
6

U.S. Patent No. 8,542,815
Disputed Claim
or the public
network routing
message to be
communicated to
a call controller
to effect routing
of the call.

Accused Device/Instrumentality

7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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1

EXHIBIT B

2
3

ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS CONCERNING THE
‘005 PATENT

4
5

A.

Apple Inc. (“Apple”) supports and operates iMessage, an instant messaging service

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9

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

supported by the Messages application that allows smartphone and desktop users to send
messages including text, images, video and audio to other users. The Messages software
application runs on Apple desktop computers, laptops, tablets and mobile devices running OS X,
iOS and watchOS operating systems. . Apple practices directly and/or indirectly infringe certain
claims of the ‘005 patent by utilizing a caller dialing profile comprising a plurality of calling
attributes to form network classification criteria.
In particular, devices running the Messages application initiate a communication between

13
14
15
16
17

a caller and a callee, and the callee may be an Apple subscriber or a non-subscriber. The
communication is sent using iMessage in the case that the callee is an Apple subscriber, and
utilizes SMS/MMS if the user is not an Apple user or if iMessage is not available.
B.

20
21
22
23
24
25
26
27
28

Asserted Claim No. 4 regarding Wifi Calling (the ‘005 patent)
Apple also supports “Wi-Fi Calling” on desktop computers, laptops, tablets and mobile

18
19

Asserted Claim No. 3 regarding iMessage (the ‘005 patent)

devices In the case of Wi-Fi Calling, an Apple device initiates a call between a caller and a callee
using carrier based voice over IP (“VoIP”) system and the callee may be a subscriber of the
carrier or a non-subscriber. A caller profile that includes calling attributes is used as part of the
process that routes the message or the call from the subscriber to either another subscriber or a
non-subscriber. . Apple practices directly and/or indirectly infringe certain claims of the ‘005
patent” by utilizing a caller dialing profile comprising a plurality of calling attributes to form
network classification criteria.
C.

Introduction to the ‘005 Claim Chart
As explained in the chart below, the use of calling attributes is needed for one or more of

the following purposes: (1) local interpretation of the callee identifier; (2) handling inactive,
19

VPLM00317
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1
2
3
4

suspended or blocked accounts; (3) handling customer billing authorization. This chart applies
claims 1, 26, 74 and 94 of the ‘005 patent to Apple products and services. These claims should
be understood to be exemplary and not exhaustive of all claims of the ‘005 patent that are
practiced by Apple.

5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13

U.S. Patent No. 9,179,005
Disputed Claim
1. [1p] A process
for producing a
routing message
for routing
communications
between a caller
and a callee in a
communication
system, the
process
comprising:

Accused Device/Instrumentality
The Apple system produces a routing message for routing communications
between a caller and a callee in a communication system.
Apple offers messaging services through its Messages application, which is
available for Apple desktop computers, laptops, tablets and mobile devices
running OS X, iOS and watchOS operating systems.

14
15
16
17
18
19
20
21
22
23
24
25

Apple Messages allows iPads and iPhones connected to a cellular network
and/or Wi-Fi network to send messages including text, audio, video and
images to other smartphone users, including both Apple subscribers and to
non-subscribers.
Apple supports Wi-Fi Calling on desktop, tablet and mobile devices
including iPhone and Apple Watch devices.

26
27
28
20

VPLM00318
2/9/2016 3:30:23 P

1
2

U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality

3
4
5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

Wi-Fi Calling is a carrier-based system that allows Mac desktop
computers, iPads, iPhones and Apple Watches connected to a Wi-Fi
network to place calls to other users, including both carrier subscribers and
to non-subscribers.

13
14
15
16
17
18
19
20
21

[1a] 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 Apple system uses a caller identifier associated with the caller to
locate a caller dialing profile comprising a plurality of calling attributes
associated with the caller.
In Apple Messages, a message or a call can be initiated by the software
application. Initiation of the message begins with the establishment of
communication between Apple Messages and an Apple server. The
message initiation includes the caller identifier, which includes the Apple
ID of the caller.

22
23
24
25
26
27
28
21

VPLM00319
2/9/2016 3:30:23 P

1
2
3
4

U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality
Calling attributes are looked up by the Apple server based on the Apple ID
of the caller. Calling attributes also include information, such as settings,
stored on the iPhone associated with the Apple Messages application.

5
6
7

In the case of Wi-Fi Calling, a call is initiated by the Apple device
beginning with the establishment of communication between the device
and a controller operated by the carrier. The message initiation includes
the phone number of the caller.

8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Calling attributes are used as part of the process that classifies the
communication as a public or private network communication. For
example, Apple uses calling attributes for one or more of the following
reasons:
1. Local interpretation of the callee identifier. In particular, the callee
identifier may be the dialing string for the VoIP or Messages customer and
such dialing string may need to be interpreted according to the location
from which the caller is registered, for example to handle international,
national and local dialing patterns. Certain locations permit abbreviated
dialing for special services. For example, 911 for emergency services, 411
for directory services and 311 for municipal services. In these cases, while
the callee identifier is the three digit dialing string, the actual number to
which the call or message should be routed to depends on the location of
the caller.
2. Inactive, suspended or blocked accounts. In certain cases the status of
the caller account must be consulted before the call or message can be
routed. The caller account could be closed, blocked or banned preventing
an outgoing communication. The caller account could also be set up to
block certain outgoing calls, such as international calls or toll destinations
(such as 976 prefixes or premium messaging services (PMS)). The caller
account could also be set up to block calls to specific numbers.
3. Customer billing authorization. In cases where a communication
involves a purchase, the caller account needs to be consulted to validate the
customer credit card, to determine if a purchase limit has been reached,
22

VPLM00320
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1
2

U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality
and/or to determine if purchases have been blocked altogether.

[1b] 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,

The Apple system determines if at least one of the calling attributes and at
least a portion of a callee identifier associated with the callee meet private
network classification criteria.

3
4
5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

As noted above, initiation of the message or call begins with the
establishment of communication between Apple Messages and an Apple
server, or the establishment of communication between the Apple device
and the carrier controller. The message or call initiation includes
information associated with the recipient based on the contact list of the
smartphone. The callee identifier includes information from the contact
entry for the recipient, including the phone number associated with that
recipient.

13
14

The Apple system allows calls and messages to other Apple subscribers
and to non-subscribers. Private network routing criteria represents routing
to another Apple subscriber in the case of Apple Messages, and represents
routing to another subscriber of the carrier in the case of Wi-Fi Calling.
Calling attributes are used for a number of different purposes to establish a
private network classification criteria.

15
16
17
18

1. Local interpretation of the callee identifier. A private network
classification would mean that the callee is a subscriber after the dialing
string has been processed according to the regional interpretation of dialing
digits. For example an “Emergency Address” is needed in the case of 911
calls that are handled using Wi-Fi Calling.

19
20
21
22
23
24
25
26
27
28
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1
2

U.S. Patent No. 9,179,005
Disputed Claim

3

Accused Device/Instrumentality
2. Inactive, suspended or blocked accounts. A private network
classification would mean that the callee is a subscriber and the account of
the caller is active and/or that the caller account has not blocked
communication with the callee.

4
5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
3. Customer billing authorization. A private network classification would
mean that the callee is a subscriber and the caller account has sufficient
authorization to process the charge associated with the communication.

14
15
16
17
18
19
20
21
22
23
24
25
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28

[1c] 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

The Apple system produces a private network routing message for receipt
by a call controller which identifies an address on the private network
associated with the callee.

[1d] when at
least one of said
calling attributes
and at least a
portion of said
callee identifier
meet a public

The Apple system determines if at least one of the calling attributes and at
least a portion of the callee identifier meet public network classification
criteria.

If the callee is an Apple subscriber and if iMessages are available on the
callee phone, internal information is used to determine how to route the
message to the callee. The callee could be connected to a local Apple node
or may be accessible over a wide area network on another Apple node. In
the case of Wi-Fi Calling, the carrier operated controller routes the call to
its own subscriber.

The Apple system allows calls to other Apple subscribers and to nonsubscribers and Wi-Fi Calling allows calls to other carrier subscribers and
to non-subscribers. Public network routing criteria represents routing
24

VPLM00322
2/9/2016 3:30:23 P

1
2
3
4
5
6
7

U.S. Patent No. 9,179,005
Disputed Claim
network
classification
criterion,

Accused Device/Instrumentality
between a subscriber and a non-subscriber. Calling attributes are used for a
number of different purposes to establish a public network classification
criteria.
1. Local interpretation of the callee identifier. A public network
classification would mean that the callee is a non-subscriber after the
dialing string has been processed according to the regional interpretation of
dialing digits. For example an “Emergency Address” is needed in the case
of 911 calls that are handled using Wi-Fi Calling.

8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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21

2. Inactive, suspended or blocked accounts. A public network
classification would mean that the callee is a non-subscriber and the
account of the caller is active and/or that the caller account has not blocked
communication with the callee.

22
23
24
25
26
27
28
25

VPLM00323
2/9/2016 3:30:23 P

1
2

U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality

3
4
5
6
7
8
9
3. Customer billing authorization. A public network classification would
mean that the callee is a non-subscriber and the caller account has
sufficient authorization to process the charge associated with the
communication.

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16
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18
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20
21
22
23
24
25
26
27
28

[1e] producing a
public network
routing message
for receipt by the
call controller,
said public
network routing
message
identifying a
gateway to the
public network.
26. [26p] A call
routing
controller
apparatus for
producing a
routing message
for routing
communications
between a caller
and a callee in a
communication
system, the
apparatus
comprising:

The Apple system produces a public network routing message for receipt
by a call controller which identifies a gateway to the public network.
If the callee is a non-subscriber, a PSTN gateway or a SMS/MMS gateway
is selected for connection and this information is relayed to the callee to set
up the media stream or to deliver the message.

The Apple system includes a call routing controller apparatus that produces
a routing message for routing communications between a caller and a
callee in a communication system.
In the case of Apple Messages, the caller is an Apple subscriber and the
callee may be either an Apple subscriber or a non-subscriber, in the case of
Wi-Fi Calling, the caller is a carrier subscriber and the callee may be either
a carrier subscriber or a non-subscriber. Messages and calls are set up by a
call controller operated by Apple or the carrier that produces a routing
message.
See claim element [1p].

26

VPLM00324
2/9/2016 3:30:23 P

1
2
3
4
5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16
17
18
19

U.S. Patent No. 9,179,005
Disputed Claim
[26a] at least one
processor
operably
configured to:

Accused Device/Instrumentality
The Apple system and the carrier system consists of multiple machines
with processors at multiple Apple locations, including servers and
gateways accessible over local and wide area networks.

[26b] use a caller See claim element [1a].
identifier
associated with
the caller to
locate a caller
dialing profile
comprising a
plurality of
calling attributes
associated with
the caller;
[26c] 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,

See claim element [1b].

[26d] produce 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

See claim element [1c].

20
21
22
23
24
25
26
27
28
27

VPLM00325
2/9/2016 3:30:23 P

1
2
3
4
5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

U.S. Patent No. 9,179,005
Disputed Claim
[26e] when at
least one of said
calling attributes
and at least a
portion of said
callee identifier
meet a public
network
classification
criterion,

Accused Device/Instrumentality
See claim element [1d].

[26f] produce a
public network
routing message
for receipt by the
call controller,
said public
network routing
message
identifying a
gateway to the
public network.

See claim element [1e].

74. [74p] A
method of
routing
communications
in a packet
switched
network in which
a first participant
identifier is
associated with a
first participant
and a second
participant
identifier is
associated with a
second
participant in a
communication,
the method
comprising:

The Apple system and the carrier system routes communications in a
packet switched network in which a first participant identifier is associated
with a first participant and a second participant identifier is associated with
a second participant in a communication.
Apple offers messaging services through its Messages application, which is
available for Apple desktop computers, laptops, tablets and mobile devices
running OS X, iOS and watchOS operating systems.

28
28

VPLM00326
2/9/2016 3:30:23 P

1
2

U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality

3
4
5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16
17

Apple Messages allows iPads and iPhones connected to a cellular network
and/or Wi-Fi network to send messages including text, audio, video and
images to other smartphone users, including both Apple subscribers and to
non-subscribers.
Apple supports Wi-Fi Calling on desktop, tablet and mobile devices
including iPhone and Apple Watch devices.

18
19
20
21
22
23
24
25
26
27
28
29

VPLM00327
2/9/2016 3:30:23 P

1
2

U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality
Wi-Fi Calling is a carrier-based system that allows Mac desktop
computers, iPads, iPhones and Apple Watches connected to a Wi-Fi
network to place calls to other users, including both carrier subscribers and
to non-subscribers.

[74a] after the
first participant
has accessed the
packet switched
network to
initiate the
communication,
using the first
participant
identifier to
locate a first
participant
profile
comprising a
plurality of
attributes
associated with
the first
participant;

After the first participant has accessed the packet switched network to
initiate the communication, uses the first participant identifier is used to
locate a first participant profile comprising a plurality of attributes
associated with the first participant.

3
4
5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16

In Apple Messages, a message or a call can be initiated by the software
application. Initiation of the message begins with the establishment of
communication between Apple Messages and an Apple server. The
message initiation includes the caller identifier, which includes the Apple
ID of the caller.

17
18
19
20
21
22
23
24
25

Calling attributes are looked up by the Apple server based on the Apple ID
of the caller. Calling attributes also include information, such as settings,
stored on the iPhone associated with the Apple Messages application.
In the case of Wi-Fi Calling, a call is initiated by the Apple device
beginning with the establishment of communication between the device
and a controller operated by the carrier. The message initiation includes
the phone number of the caller.

26
27
28
30

VPLM00328
2/9/2016 3:30:23 P

1
2

U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality

3
4
5
6
Calling attributes are used as part of the process that classifies the
communication as a public or private network communication. For
example, Apple uses calling attributes for one or more of the following
reasons:

7
8
9

1. Local interpretation of the callee identifier. In particular, the callee
identifier may be the dialing string for the VoIP or Messages customer and
such dialing string may need to be interpreted according to the location
from which the caller is registered, for example to handle international,
national and local dialing patterns. Certain locations permit abbreviated
dialing for special services. For example, 911 for emergency services, 411
for directory services and 311 for municipal services. In these cases, while
the callee identifier is the three digit dialing string, the actual number to
which the call or message should be routed to depends on the location of
the caller.

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

13
14
15
16

2. Inactive, suspended or blocked accounts. In certain cases the status of
the caller account must be consulted before the call or message can be
routed. The caller account could be closed, blocked or banned preventing
an outgoing communication. The caller account could also be set up to
block certain outgoing calls, such as international calls or toll destinations
(such as 976 prefixes or premium messaging services (PMS)). The caller
account could also be set up to block calls to specific numbers.

17
18
19
20
21

3. Customer billing authorization. In cases where a communication
involves a purchase, the caller account needs to be consulted to validate the
customer credit card, to determine if a purchase limit has been reached,
and/or to determine if purchases have been blocked altogether.

22
23
24
25
26
27
28

[74b] when at
least one of the
first participant
attributes and at
least a portion of
the second
participant
identifier meet a

The Apple system determines if at least one of the first participant
attributes and at least a portion of the second participant identifier meet a
first network classification criterion.
As noted above, initiation of the message or call begins with the
establishment of communication between Apple Messages and an Apple
server, or the establishment of communication between the Apple device
and the carrier controller. The message or call initiation includes
31

VPLM00329
2/9/2016 3:30:23 P

1
2
3
4

U.S. Patent No. 9,179,005
Disputed Claim
first network
classification
criterion,

Accused Device/Instrumentality
information associated with the recipient based on the contact list of the
smartphone. The callee identifier includes information from the contact
entry for the recipient, including the phone number associated with that
recipient.

5
6
7
8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

The Apple system allows calls and messages to other Apple subscribers
and to non-subscribers. Private network routing criteria represents routing
to another Apple subscriber in the case of Apple Messages, and represents
routing to another subscriber of the carrier in the case of Wi-Fi Calling.
Calling attributes are used for a number of different purposes to establish a
private network classification criteria.
1. Local interpretation of the callee identifier. A private network
classification would mean that the callee is a subscriber after the dialing
string has been processed according to the regional interpretation of dialing
digits. For example an “Emergency Address” is needed in the case of 911
calls that are handled using Wi-Fi Calling.

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2. Inactive, suspended or blocked accounts. A private network
classification would mean that the callee is a subscriber and the account of
the caller is active and/or that the caller account has not blocked
communication with the callee.

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U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality

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3. Customer billing authorization. A private network classification would
mean that the callee is a subscriber and the caller account has sufficient
authorization to process the charge associated with the communication.

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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[74c] producing
a first network
routing message
for receipt by a
controller, the
first network
routing message
identifying an
address in a first
portion of the
packet switched
network, the
address being
associated with
the second
participant, the
first portion
being controlled
by an entity; and

The Apple system produces a first network routing message for receipt by a
controller which identifies an address, associated with the second
participant, in a first portion of the packet switched network, which is
controlled by an entity.

[74d] when at
least one of the
first participant
attributes and at
least a portion of
the second
participant

The Apple system determines if at least one of the first participant
attributes and at least a portion of the second participant identifier meet a
second network classification criterion.

If the callee is an Apple subscriber and if iMessages are available on the
callee phone, internal information is used to determine how to route the
message to the callee. The callee could be connected to a local Apple node
or may be accessible over a wide area network on another Apple node. In
the case of Wi-Fi Calling, the carrier operated controller routes the call to
its own subscriber.

The Apple system allows calls to other Apple subscribers and to nonsubscribers and Wi-Fi Calling allows calls to other carrier subscribers and
to non-subscribers. Public network routing criteria represents routing
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U.S. Patent No. 9,179,005
Disputed Claim
identifier meet a
second network
classification
criterion,

Accused Device/Instrumentality
between a subscriber and a non-subscriber. Calling attributes are used for a
number of different purposes to establish a public network classification
criteria.
1. Local interpretation of the callee identifier. A public network
classification would mean that the callee is a non-subscriber after the
dialing string has been processed according to the regional interpretation of
dialing digits. For example an “Emergency Address” is needed in the case
of 911 calls that are handled using Wi-Fi Calling.

8
9

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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2. Inactive, suspended or blocked accounts. A public network
classification would mean that the callee is a non-subscriber and the
account of the caller is active and/or that the caller account has not blocked
communication with the callee.

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U.S. Patent No. 9,179,005
Disputed Claim

Accused Device/Instrumentality

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4
5
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9
3. Customer billing authorization. A public network classification would
mean that the callee is a non-subscriber and the caller account has
sufficient authorization to process the charge associated with the
communication.

11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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[74e] producing
a second network
routing message
for receipt by the
controller, the
second network
routing message
identifying an
address in a
second portion of
the packet
switched
network, the
second portion
not controlled by
the entity.
94. [94p] A
system for
routing
communications
in a packet
switched
network in which
a first participant
in a

The Apple system produces a second network routing message for receipt
by the controller which identifies an address in a second portion of the
packet switched network, which is not controlled by the entity.
If the callee is a non-subscriber, a PSTN gateway or a SMS/MMS gateway
is selected for connection and this information is relayed to the callee to set
up the media stream or to deliver the message.

The Apple system routes communications in a packet switched network in
which a first participant in a communication has an associated first
participant identifier and a second participant in the communication has an
associated second participant identifier.
The first participant is an Apple subscriber and/or a carrier subscriber and
has an associated first participant identifier, which includes an Apple ID
and/or a phone number, and the second participant may be either an Apple
subscriber or carrier subscriber or a non-subscriber, and has an associated
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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U.S. Patent No. 9,179,005
Disputed Claim
communication
has an associated
first participant
identifier and a
second
participant in the
communication
has an associated
second
participant
identifier, the
system
comprising:

Accused Device/Instrumentality
second participant identifier, which includes a phone number.
See claim element [74p].

[94a] a controller The Apple system and the carrier system consists of multiple machines
comprising:
with processors, some of which constitute controllers that communicate
a processor
with the first participant when the call or message is initiated.
operably
configured to
access a
memory,
wherein the
processor is
configured to:

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[94b] after the
first participant
has accessed the
packet switched
network to
initiate the
communication,
locate a first
participant
profile in the
memory using
the first
participant
identifier, the
first participant
profile
comprising a
plurality of
attributes

See claim element [74a]

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9

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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U.S. Patent No. 9,179,005
Disputed Claim
associated with
the first
participant;

Accused Device/Instrumentality

[94c] produce a
See claim element [74b]
first network
routing message
when at least one
of the first
participant
attributes and at
least a portion of
the second
participant
identifier meet a
first network
classification
criterion,
[94d] the first
network routing
message
identifying an
address in a first
portion of the
packet switched
network, the
address being
associated with
the second
participant, the
first portion
being controlled
by an entity; and

See claim element [74c]

[94e] produce a
See claim element [74d]
second network
routing message
when at least one
of the first
participant
attributes and at
least a portion of
the second
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2
3
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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U.S. Patent No. 9,179,005
Disputed Claim
participant
identifier meet a
second network
classification
criterion,

Accused Device/Instrumentality

[94f] the second See claim element [74e]
network routing
message
identifying an
address in a
second portion of
the packet
switched
network, the
second portion
not controlled by
the entity.

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