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)

1
2
3
4
5
6
7

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

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA
*

*

*

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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

CASE NO.:

Plaintiff,

13

CHART 3
14

v.

15

APPLE, INC, a California corporation,

16

ASSERTED CLAIMS AND
INFRINGEMENT CONDITIONS

Defendants.

17
18

CHART 3

19
20

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

21
22
23
24
25
26
27
28

Apple Inc. (“Apple”) manufacturers devices related to and supports a calling platform
(“Apple Wi-Fi Calling”) that includes Apple desktop computers, laptops, tablets and mobile
devices, software applications running on such devices and servers operated by wireless carriers
that allows calls to be placed over Wi-Fi networks. Apple induces the infringement of certain
claims of U.S. Patent No. 8,542,815 (“the ’815 patent”) as illustrated in the chart below.
Apple Wi-Fi Calling allows an Apple device to initiate a call between a caller and a callee
using a carrier assisted voice over IP (“VoIP”) system and the callee may be a subscriber of the
1

VPLM00363
2/9/2016 3:30:24 P

1
2
3
4

carrier or a non-subscriber. A profile that includes calling attributes is used as part of the process
that classifies a call.
This chart applies claims 1, 7, 27, 28, 34, 54, 72 – 74, 92, 93 and 111 of the ‘815 patent to
Apple Wi-Fi Calling.

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

U.S. Patent No. 8,542,815
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
Apple Wi-Fi Calling 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.
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

Apple Wi-Fi Calling is a carrier-assisted system that allows Mac desktop
computers, iPads, iPhones and Apple Watches connected to a Wi-Fi
network to place calls to other users.
Apple Wi-Fi Calling operates in the United States in conjunction with
AT&T, Sprint and T-Mobile (“carrier”) systems.

26
27
28
2

VPLM00364
2/9/2016 3:30:24 P

1
2

U.S. Patent No. 8,542,815
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
Apple Wi-Fi Calling uses a call routing controller that includes the Apple
device and/or carrier operated equipment.

14
15

Apple Wi-Fi Calling utilizes a plurality of nodes with which callers and
callees are associated.

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

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

Apple Wi-Fi Calling receives a caller identifier and a callee identifier in
response to initiation of a call by a calling subscriber.

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

Apple Wi-Fi Calling locates a caller dialing profile comprising a username
associated with the caller and a plurality of calling attributes associated
with the caller.

A call is initiated by the Apple device beginning with the establishment of
communication between the device and a server operated by the carrier.
The caller identifier includes a phone number associated with the caller.
The callee identifier includes a phone number associated with the callee.

A caller dialing profile including calling attributes includes information
used in the classification of a call, such as settings stored on the Apple
device, information stored on the carrier servers, and/or information
obtained regarding the connection of the caller device to the network.

3

VPLM00365
2/9/2016 3:30:24 P

1
2

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

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

Apple Wi-Fi Calling 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
classification
criteria and
classifying the
call as a private
network call
when said match
meets private
network
classification
criteria;

Apple Wi-Fi Calling 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.

Apple Wi-Fi Calling matches at least one of the calling attributes and at
least a portion of the callee identifier in interpreting the callee identifier.

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

Apple Wi-Fi Calling allows calls to be made using the carrier’s private
network and over a public network such as the PSTN. Private network
classification criteria represents routing calls over the carrier’s private
network. Public network classification criteria represents routing calls over
a public network such as the PSTN. Calling attributes are used to establish
a private and public network classification criteria.
One example of calling attributes being used to establish private and public
network classification criteria is the use of caller related information to
interpret the callee identifier. The callee identifier may need to be
interpreted according to the location from which the caller is registered
and/or the location from which the caller is currently located, for example
to handle international, national and local dialing patterns. Also,
abbreviated dialing patterns such as 311, 511 and 811 are handled
according to a local calling area. An “Emergency Address” is needed in
the case of 911 calls that are handled using Apple Wi-Fi Calling.

27
28
4

VPLM00366
2/9/2016 3:30:24 P

1
2

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

Accused Device/Instrumentality

3
4
5
6
7
8
9

The Apple setup screen indicates that “For short code calls, the city will be
sent for call routing purpose.”

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

[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;

Apple Wi-Fi Calling 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 carrier operated controller routes the call using a routing message to its
own subscriber over its private network.

5

VPLM00367
2/9/2016 3:30:24 P

1
2
3
4
5
6
7
8
9

11

Claim

Accused Device/Instrumentality

[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.

Apple Wi-Fi Calling 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.

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

Apple Wi-Fi Calling formats said callee identifier into a pre-defined 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

Apple Wi-Fi Calling 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.

If a call is made over a public network, the carrier operated controller
routes the call using a routing message to a gateway associated with a
public network such as the PSTN.

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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

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

See claim element [1p].

6

VPLM00368
2/9/2016 3:30:24 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
28

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

Accused Device/Instrumentality

[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

See claim element [1d].

7

VPLM00369
2/9/2016 3:30:24 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
28

U.S. Patent No. 8,542,815
Claim
match meets
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

See claim element [1f].

8

VPLM00370
2/9/2016 3:30:24 P

1
2
3

U.S. Patent No. 8,542,815
Claim
gateway to the
public network.

Accused Device/Instrumentality

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
28

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:

Apple Wi-Fi Calling 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

See claim element [1c].

See claim element [1p].

9

VPLM00371
2/9/2016 3:30:24 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. 8,542,815
Claim
least one of said
calling attributes
matches at least
a portion of said
callee identifier;

Accused Device/Instrumentality

[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].

[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

See claim element [1e].

28
10

VPLM00372
2/9/2016 3:30:24 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. 8,542,815
Claim
[28g] means for
producing a
public network
routing message
for receipt by a
call controller,
when the call is
classified as a
public network
call, said public
network routing
message
identifying a
gateway to the
public network.

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

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.

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:

Apple Wi-Fi Calling includes a call routing controller to establish a call
between a caller and a callee in a communication system.
See claim element [1p].

28
11

VPLM00373
2/9/2016 3:30:24 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
28

U.S. Patent No. 8,542,815
Claim
Accused Device/Instrumentality
[54a] in response See claim element [1b].
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,

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

[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

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

12

VPLM00374
2/9/2016 3:30:24 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

U.S. Patent No. 8,542,815
Claim
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,
[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
Apple Wi-Fi Calling causes causing the private network routing message
of claim 54
or the public network routing message to be communicated to a call
further
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.

25
26
27
28

73. A nontransitory
computer
readable medium
encoded with

Apple Wi-Fi Calling includes 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].
13

VPLM00375
2/9/2016 3:30:24 P

1
2
3
4
5
6

Accused Device/Instrumentality

Apple Wi-Fi Calling includes 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:

Apple Wi-Fi Calling includes of multiple machines with processors at
multiple locations, including servers and gateways accessible over local
and wide area networks.
Apple Wi-Fi Calling 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.

27

[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

28

[74c] produce a

See claim element [1e].

8
9
10
11
12
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

Claim
codes for
directing a
processor to
execute the
method of claim
54.
74. [74p] A call
routing
controller
apparatus for
establishing a
call between a
caller and a
callee in a
communication
system, the
apparatus
comprising:

7

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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

13

See claim clement [1p].

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

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

14

VPLM00376
2/9/2016 3:30:24 P

1
2
3
4
5
6
7
8
9

Claim
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,

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].

See claim element [1f].

27

[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,

28

[74f] when at

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

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

ALVERSON, TAYLOR, MORTENSEN & SANDERS

10

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

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

15

VPLM00377
2/9/2016 3:30:24 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. 8,542,815
Claim
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.

Accused Device/Instrumentality

92. The
Apple Wi-Fi Calling causes the private network routing message or the
apparatus of
public network routing message to be communicated to a call controller to
claim 74 wherein 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.
93. [93p] A call
routing
controller
apparatus for
establishing a
call between a
caller and a
callee in a
communication
system, the
apparatus
comprising:

Apple Wi-Fi Calling establishes a call between a caller and a callee in a
communication system.
See claim clement [1p].

28
16

VPLM00378
2/9/2016 3:30:24 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

U.S. Patent No. 8,542,815
Claim
Accused Device/Instrumentality
[93a] means for
See claim element [74b].
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

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

[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

See claim element [74d].

17

VPLM00379
2/9/2016 3:30:24 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

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

Accused Device/Instrumentality

[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

Apple Wi-Fi Calling 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.

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

18

VPLM00380
2/9/2016 3:30:24 P

1
2
3
4
5
6
7

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

Accused Device/Instrumentality

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
19

VPLM00381
2/9/2016 3:30:24 P