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 2
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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 2

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CHART SUPPORTING ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
CONCERNING U.S. PATENT NO. 9,179,005

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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. 9,179,005 (“the ’005 patent”) as illustrated in the chart below.
The Apple Messaging System allows devices to initiate a communication between a
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caller, or a first participant, and a callee, or a second participant, which may be an Apple
subscriber or a non-subscriber. A profile that includes attributes is used as part of the process
that classifies a communication.
This chart applies claims 1, 24 – 26, 49, 50, 73 – 77, 79, 83, 84, 88, 89, 92, 94, 96, 98 and
99 of the ‘005 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. 9,179,005
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 Messaging System produce a routing message for routing
communications between a caller and a callee in a communication system.
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 users.

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[1a] using a
caller identifier
associated with

The Apple Messaging 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.
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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. 9,179,005
Claim
the caller to
locate a caller
dialing profile
comprising a
plurality of
calling attributes
associated with
the caller;
[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,

Accused Device/Instrumentality
In the Apple Messaging System the caller identifier includes the Apple ID
or other identifier of the caller. A message is initiated by the Messages
application. A caller dialing profile including calling attributes includes
information used in the classification of a communication, 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.
The Apple Messaging 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.
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.
The Apple Messaging System allows messages to be sent using iMessage
and using SMS/MMS. Private network classification criteria represents
routing the message using iMessage. Calling attributes are used to
establish a private network classification criteria.

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One example of calling attributes being used to establish private network
classification criteria is the use of caller routing settings. If the caller has
activated the “iMessage” setting on their phone and the callee is an Apple
subscriber with iMessage available, then the message can be sent using
iMessage.

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

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Accused Device/Instrumentality
Another example of calling attributes being used to establish private
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
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.

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Another example of calling attributes being used to establish private
network classification criteria is the use of caller account status
information. If the account of the caller is active and not configured to
block communication with the callee, and the callee is an Apple subscriber
with iMessage available, then the message can be sent using iMessage. If
an Apple ID is locked, no messages are allowed to be sent using the Apple
Messages System.

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[1c] producing a
private network
routing message
for receipt by a
call controller,
said private

The Apple Messaging 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.
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
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U.S. Patent No. 9,179,005
Claim
network routing
message
identifying an
address, on the
private network,
associated with
the callee; and

Accused Device/Instrumentality
Notification server which communicates with the callee’s device.

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

The Apple Messaging System determines if at least one of the calling
attributes and at least a portion of the callee identifier meet public network
classification criteria.
The Apple Messaging System allows messages to be sent using iMessage
and through a gateway to a public network using SMS/MMS. Public
network classification criteria represents routing the message using
SMS/MMS. Calling attributes are used to establish a public network
classification criteria.
One example of calling attributes being used to establish public network
classification criteria is the use of caller routing settings. If the caller has
activated the “iMessage” setting on their phone and also the “Send as
SMS” setting, and the callee is not an Apple subscriber or is an Apple
subscriber but with iMessage not available, then the message is sent using
SMS/MMS.

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

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Accused Device/Instrumentality
Another example of calling attributes being used to establish 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 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 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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Another example of calling attributes being used to establish public
network classification criteria is the use of caller account status
information. If the account of the caller is active and not configured to
block communication with the callee, and the callee is not an Apple
subscriber or is an Apple subscriber but with iMessage not available, then
the message is sent using SMS/MMS. If an Apple ID is locked, no
messages are allowed to be sent using the Apple Messages System.

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[1e] producing a
public network
routing message
for receipt by the
call controller,
said public

The Apple Messaging System produces a public network routing message
for receipt by a call controller which identifies a gateway to the public
network.
If a message is sent using SMS/MMS, the device running the Messages
application delivers the message using a gateway associated with the
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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. 9,179,005
Claim
network routing
message
identifying a
gateway to the
public network.

Accused Device/Instrumentality
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.

24. The process
of claim 1,
further
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.

The Apple Messaging System 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.

25. A nontransitory
computer
readable medium
encoded with
codes for
directing a
processor to
execute the
method of claim
1.

The Apple Messaging System include a non-transitory computer readable
medium encoded with codes for directing a processor to execute the
method of claim 1.

26. [26p] A call
routing
controller
apparatus for
producing a
routing message
for routing
communications
between a caller
and a callee in a
communication

The Apple Messaging System include a call routing controller apparatus
for producing a routing message for routing communications between a
caller and a callee in a communication system.

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

The Apple Messaging System uses processors with instructions in the
device running the Messages application and Apple servers.
See claim elements [1p], [1a], [1b], [1c], [1d] and [1e].

The Apple Messaging System uses a call routing controller apparatus that
includes one or more Apple servers and/or the caller Apple device.
See claim element [1p].

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

Accused Device/Instrumentality

The Apple Messaging System include at least one processor.
The Apple Messaging System uses processors with instructions in the
device running the Messages application and/or Apple servers.

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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[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;

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[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

See claim element [1c].

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Claim
private network,
associated with
the callee; and

Accused Device/Instrumentality

[26e] when at
least one of said
calling attributes
and at least a
portion of said
callee identifier
meet a public
network
classification
criterion,

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].

49. The
apparatus of
claim 26,
wherein said at
least one
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

The Apple Messaging System 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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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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

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

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Claim
of the call.

Accused Device/Instrumentality

50. [50p] 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 Messaging System include a call routing controller apparatus
for producing a routing message for routing communications between a
caller and a callee in a communication system.

[50a] means for
using a caller
identifier
associated with
the caller to
locate a caller
dialing profile
comprising a
plurality of
calling attributes
associated with
the caller; and

See claim element [1a].

The Apple Messaging System uses a call routing controller apparatus that
includes one or more Apple servers and/or the caller Apple device.
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. 9,179,005

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[50b] means for, See claim element [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,

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[50c] producing See claim element [1c].
a private network
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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. 9,179,005
Claim
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

Accused Device/Instrumentality

[50d] means for, See claim element [1d].
when at least one
of said calling
attributes and at
least a portion of
said callee
identifier meet a
public network
classification
criterion,
[50e] producing
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].

73. The
apparatus of
claim 50, further
comprising
means for
causing the
private network
routing message
or the public

See claim element [49].

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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. 9,179,005
Claim
network routing
message to be
communicated to
a call controller
to effect routing
of the call.

Accused Device/Instrumentality

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 Messaging 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.
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 users.

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The Apple Messaging System communicates over a packet switched
network.

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In the Apple Messaging System the first participant identifier includes the
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U.S. Patent No. 9,179,005
Claim

Accused Device/Instrumentality
Apple ID or other identifier of the first participant. The second participant
identifier includes a phone number associated with the second participant.

[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;

The Apple Messaging System, after the first participant has accessed the
packet switched network to initiate the communication, uses the first
participant identifier to locate a first participant profile comprising a
plurality of attributes associated with the first participant.

[74b] 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,

The Apple Messaging 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.

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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In the Apple Messaging System a message is initiated by the Messages
application. A first participant profile including attributes includes
information used in the classification of a communication, such as settings
stored on the first participant device, information stored on an Apple
server, and/or information obtained regarding the connection of the first
participant device to the network.

The Apple Messaging System allows messages to be sent using iMessage
and using SMS/MMS. First network classification criteria represents
routing the message using the iMessage system. First participant attributes
are used to establish a private network classification criteria.
One example of first participant attributes being used to establish first
network classification criteria is the use of first participant routing settings.
If the first participant has activated the “iMessage” setting on their phone
and the second participant is an Apple subscriber with iMessage available,
then the message can be sent using iMessage.

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Claim

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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Another example of first participant attributes being used to establish first
network classification criteria is the use of first participant information to
interpret the second participant identifier. For example, if the second
participant’s 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
second participant identifier before it can be determined if the second
participant is an Apple subscriber with iMessage available.
Another example of first participant attributes being used to establish first
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 meeting the first criteria based on the saved information.

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Another example of first participant attributes being used to establish first
network classification criteria is the use of first participant account status
information. If the account of the first participant is active and not
configured to block communication with the second participant, and the
second participant is an Apple subscriber with iMessage available, then the
message can be sent using iMessage. If an Apple ID is locked, no
messages are allowed to be sent using the Apple Messages System.

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Claim

Accused Device/Instrumentality

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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
[74d] when at
least one of the
first participant
attributes and at
least a portion of
the second
participant
identifier meet a
second network
classification
criterion,

The Apple Messaging 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.
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 second participant’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.
The Apple Messaging 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.
The Apple Messaging System allows messages to be sent using iMessage
and through a gateway to a public network using SMS/MMS. Second
network classification criteria represents routing the message using
SMS/MMS. First participant attributes are used to establish a second
network classification criteria.
One example of first participant attributes being used to establish second
network classification criteria is the use of first participant routing settings.
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Accused Device/Instrumentality
If the first participant has activated the “iMessage” setting on their phone
and also the “Send as SMS” setting, and the second participant is not an
Apple subscriber or is an Apple subscriber but with iMessage not available,
then the message is sent using SMS/MMS.

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LAS VEGAS, NEVADA 89117-1401
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Another example of first participant attributes being used to establish
second network classification criteria is the use of first participant
information to interpret the second participant identifier. For example, if
the second participant’s 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 second participant identifier before it can be determined if the
second participant is an Apple subscriber with iMessage available.
Another example of first participant attributes being used to establish
second 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 SMS/MMS, the message may
be classified as meeting the second criteria based on the saved information.

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Another example of first participant attributes being used to establish
second network classification criteria is the use of first participant account
status information. If the account of the first participant is active and not
configured to block communication with the second participant, and the
second participant is not an Apple subscriber or is an Apple subscriber but
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U.S. Patent No. 9,179,005
Claim

Accused Device/Instrumentality
with iMessage not available, then the message is sent using SMS/MMS. If
an Apple ID is locked, no messages are allowed to be sent using the Apple
Messages System.

[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.

The Apple Messaging System produce 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.

75. The method
of claim 74,
wherein the
packet switched
network
comprises the
Internet.

In the Apple Messaging System the packet switched network includes the
Internet.

76. The method
of claim 74,

In the Apple Messaging System the first participant identifier comprises a
first participant telephone number or username.

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7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
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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.

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 9,179,005
Claim
wherein the first
participant
identifier
comprises a first
participant
telephone
number or
username.

Accused Device/Instrumentality

77. The method
of claim 74,
wherein the
second
participant
identifier
comprises a
second
participant
telephone
number or
username.

In the Apple Messaging System the second participant identifier comprises
a second participant telephone number or username.

79. The method
of claim 74,
wherein the
packet switched
network is
accessed via an
Internet service
provider.

In the Apple Messaging System the packet switched network is accessed
via an Internet service provider.

83. The method
of claim 74,
wherein the first
network
classification
criterion is
satisfied when an
address
associated with
the first
participant and
the address
associated with

In the Apple Messaging System the first network classification criterion is
satisfied when an address associated with the first participant and the
address associated with the second participant are both in the first portion
of the packet switched network.

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 9,179,005
Claim
the second
participant are
both in the first
portion of the
packet switched
network.

Accused Device/Instrumentality

84. The method
of claim 74,
wherein the
address in the
first portion is
accessible
through the first
participant's
Internet service
provider.

In the Apple Messaging System the address in the first portion is accessible
through the first participant's Internet service provider.

88. The method
In the Apple Messaging System the entity is an entity supplying
of claim 74,
communication services for the first portion.
wherein the
entity is an entity
supplying
communication
services for the
first portion.

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89. The method
of claim 74,
wherein the
second network
classification
criterion is
satisfied when
access to the
second
participant
requires routing
through a portion
of the packet
switched
network operated
by a
communication

In the Apple Messaging System the second network classification criterion
is satisfied when access to the second participant requires routing through a
portion of the packet switched network operated by a communication
service supplier.

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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U.S. Patent No. 9,179,005
Claim
service supplier.

Accused Device/Instrumentality

92. The method
In the Apple Messaging System the address in the second portion of the
of claim 74,
packet switched network comprises an address accessed by a
wherein the
communication service supplier.
address in the
second portion of
the packet
switched
network
comprises an
address accessed
by a
communication
service supplier.
94. [94p] A
system for
routing
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
system
comprising:

The Apple Messaging 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.

[94a] a controller
comprising:
a processor
operably
configured to

The Apple Messaging System include a controller comprising a processor
operably configured to access a memory.

See claim element [74p].

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The Apple Messaging System uses a controller with processors, memory
and instructions that includes the device running the Messages application
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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. 9,179,005
Claim
access a
memory,
wherein the
processor is
configured to:

Accused Device/Instrumentality
and/or Apple servers.

[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
associated with
the first
participant;

See claim element [74a].

[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,

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Claim
[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

Accused Device/Instrumentality
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
participant
identifier meet a
second network
classification
criterion,
[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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7401 WEST CHARLESTON BOULEVARD
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ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Claim
96. The system
of claim 94,
wherein the
packet switched
network is
accessed via an
Internet service
provider.

Accused Device/Instrumentality
See claim 79.

98. The system
See claim 89.
of claim 94,
wherein the
second network
classification
criterion is
satisfied when
access to the
second
participant
requires routing
through a portion
of the packet
switched
network operated
by a
communication
service supplier.
99. [99p] A nontransitory
computer
readable medium
comprising
instructions that
when executed
cause a processor
to perform a
method of
routing
communications
in a packet
switched
network in which
a first participant

The Apple Messaging System include a non-transitory computer readable
medium comprising instructions that when executed cause a processor to
perform 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 Apple Messaging System uses processors with instructions in the
device running the Messages application and/or Apple servers.
See claim element [74p].

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[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Claim
identifier is
associated with a
first participant
and a second
participant
identifier is
associated with a
second
participant in a
communication,
the method
comprising:

Accused Device/Instrumentality

[99a] 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;

See claim element [74a].

[99b] 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,

See claim element [74b].

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Accused Device/Instrumentality

[99c] 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

See claim element [74c].

[99d] when at
least one of the
first participant
attributes and at
least a portion of
the second
participant
identifier meet a
second network
classification
criterion,

See claim element [74d].

[99e] producing See claim element [74e].
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
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switched
network, the
second portion
not controlled by
the entity.

Accused Device/Instrumentality

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7401 WEST CHARLESTON BOULEVARD
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