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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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 (702) 384-7000 efile@alversontaylor.com Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 11 * * VOIP-PAL.COM, INC, a Nevada corporation, * CASE NO.: 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 Plaintiff, 13 14 15 16 CHART 4 v. ASSERTED CLAIMS AND INFRINGEMENT CONDITIONS APPLE, INC, a California corporation, Defendants. 17 18 19 CHART 4 20 CHART SUPPORTING ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS CONCERNING U.S. PATENT NO. 9,179,005 21 Apple Inc. (“Apple”) manufacturers devices related to and supports a calling platform 22 (“Apple Wi-Fi Calling”) that includes Apple desktop computers, laptops, tablets and mobile 23 devices, software applications running on such devices and servers operated by wireless carriers 24 that allows calls to be placed over Wi-Fi networks. Apple induces the infringement of certain 25 claims of U.S. Patent 9,179,005 (“the ‘005 patent”) as illustrated in the chart below. 26 Apple Wi-Fi Calling allows an Apple device to initiate a call between a caller, or a first 27 participant, and a callee, or a second participant, using a carrier assisted voice over IP (“VoIP”) 28 system and the callee or second participant may be a subscriber of the carrier or a non-subscriber. 1 VPLM00382 2/9/2016 3:30:24 P 1 A profile that includes attributes is used as part of the process that classifies a call. 2 3 4 5 6 7 8 9 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 Apple Wi-Fi Calling produces a routing message for routing communications between a caller and a callee in a communication system. Apple supports Wi-Fi Calling on desktop, tablet and mobile devices including iPhone and Apple Watch devices. 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 U.S. Patent No. 8,542,815 13 14 15 16 17 18 19 20 21 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. 22 23 24 25 26 27 28 2 VPLM00383 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 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 17 18 19 [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; Apple Wi-Fi Calling uses a caller identifier associated with 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 Apple Wi-Fi Calling 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 caller identifier includes a phone number 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. 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. 20 21 22 23 24 25 26 27 28 3 VPLM00384 2/9/2016 3:30:24 P 1 2 3 4 5 6 7 8 9 11 Claim portion of a callee identifier associated with the callee meet private network classification criteria, Accused Device/Instrumentality Apple Wi-Fi Calling allows calls to be made using the carrier’s private network and over a public network such as the PSTN. The callee identifier includes a phone number associated with the callee. Private network classification criteria represents routing calls over the carrier’s private network. Calling attributes are used to establish a private network classification criteria. One example of calling attributes being used to establish private 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. 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 U.S. Patent No. 8,542,815 13 14 15 16 17 18 19 20 21 22 23 The Apple Wi-Fi Calling setup screen indicates that “For short code calls, the city will be sent for call routing purpose.” 24 25 26 27 28 4 VPLM00385 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 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 has not blocked communication with the callee and the callee is a carrier subscriber, then the call can be made using the carrier’s private network. The caller account could be set up to block certain outgoing calls, such as international calls or toll destinations. The caller account could also be set up to block calls to specific numbers. 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 Another example of calling attributes being used to establish private network classification criteria is determining if the caller account has sufficient authorization to process a charge associated with the communication. If a call involves a charge and the caller account can process the charge, and the callee is a carrier subscriber, then the call can be made using the carrier’s private network. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 Apple Wi-Fi Calling 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 Apple Wi-Fi Calling determines if at least one of the calling attributes and at least a portion of the callee identifier meet public network classification criteria. The carrier operated controller routes the call using a routing message to its own subscriber over its private network. Apple Wi-Fi Calling allows calls to be made using the carrier’s private 5 VPLM00386 2/9/2016 3:30:24 P 1 2 3 4 5 6 7 8 9 Claim callee identifier meet a public network classification criterion, Accused Device/Instrumentality network and over a public network such as the PSTN. Public network classification criteria represents routing calls over a public network such as the PSTN. 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 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. 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 U.S. Patent No. 8,542,815 13 14 15 16 17 18 19 20 21 22 The Apple Wi-Fi Calling setup screen indicates that “For short code calls, the city will be sent for call routing purpose.” 23 24 25 26 27 28 6 VPLM00387 2/9/2016 3:30:24 P 1 2 U.S. Patent No. 8,542,815 Claim 3 Accused Device/Instrumentality 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 has not blocked communication with the callee and the callee is not a carrier subscriber, then the call must be made using a public network such as the PSTN. The caller account could be set up to block certain outgoing calls, such as international calls or toll destinations. The caller account could also be set up to block calls to specific numbers. 4 5 6 7 8 Another example of calling attributes being used to establish public network classification criteria is determining if the caller account has sufficient authorization to process a charge associated with the communication. If a call involves a charge and the caller account can process the charge, and the callee is not a carrier subscriber, then the call must be made using a public network such as the PSTN. 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 [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. Apple Wi-Fi Calling produces a public network routing message for receipt by a call controller which identifies a gateway to the public network. Apple Wi-Fi Calling causes the private network routing message or the public network routing message to be communicated to a call controller to effect routing of the call. 27 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. 28 25. A non- Apple Wi-Fi Calling includes a non-transitory computer readable medium 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. Apple Wi-Fi Calling uses a call routing controller apparatus that includes the Apple device and/or carrier operated equipment. 7 VPLM00388 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 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 U.S. Patent No. 8,542,815 Claim transitory computer readable medium encoded with codes for directing a processor to execute the method of claim 1. Accused Device/Instrumentality 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 system, the apparatus comprising: Apple Wi-Fi Calling include a call routing controller apparatus for producing a routing message for routing communications between a caller and a callee in a communication system. [26a] at least one processor operably configured to: Apple Wi-Fi Calling includes at least one processor. Apple Wi-Fi Calling uses processors with instructions in the Apple device and/or carrier operated equipment. See claim elements [1p], [1a], [1b], [1c], [1d] and [1e]. Apple Wi-Fi Calling uses a call routing controller apparatus that includes the Apple device and/or carrier operated equipment. See claim element [1p]. 17 18 19 Apple Wi-Fi Calling uses processors with instruction in the Apple device and/or carrier operated equipment. 20 21 27 [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; 28 [26c] when at 22 23 24 25 26 See claim element [1b]. 8 VPLM00389 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 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 17 18 19 20 21 22 U.S. Patent No. 8,542,815 Claim 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 [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]. [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 See claim element [1e]. 23 24 25 26 27 28 9 VPLM00390 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 (702) 384-7000 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 gateway to the public network. Accused Device/Instrumentality 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 of the call. Apple Wi-Fi Calling causes the private network routing message or the public network routing message to be communicated to a call controller to effect routing of the call. 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: Apple Wi-Fi Calling includes 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 See claim element [1a]. Apple Wi-Fi Calling uses a call controller that includes the Apple device and/or carrier operated equipment. Apple Wi-Fi Calling uses a call routing controller apparatus that includes the Apple device and/or carrier operated equipment. See claim element [1p]. 10 VPLM00391 2/9/2016 3:30:24 P 1 2 3 4 U.S. Patent No. 8,542,815 Claim plurality of calling attributes associated with the caller; and Accused Device/Instrumentality 5 6 7 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 [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, 13 14 15 16 17 18 19 [50c] 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 [1c]. 20 21 22 23 24 25 26 27 28 [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 See claim element [1e]. 11 VPLM00392 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 (702) 384-7000 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 for receipt by the call controller, said public network routing message identifying a gateway to the public network. Accused Device/Instrumentality 73. The See claim element [49]. apparatus of claim 50, further comprising 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. 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 Apple Wi-Fi Calling 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 supports Wi-Fi Calling on desktop, tablet and mobile devices including iPhone and Apple Watch devices. 12 VPLM00393 2/9/2016 3:30:24 P 1 2 3 U.S. Patent No. 8,542,815 Claim comprising: Accused Device/Instrumentality 4 5 6 7 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 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. 16 17 18 19 20 21 22 23 24 25 26 27 Apple Wi-Fi Calling communicates over a packet switched network. 28 13 VPLM00394 2/9/2016 3:30:24 P 1 2 U.S. Patent No. 8,542,815 Claim Accused Device/Instrumentality The first participant identifier includes a phone number associated with 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; Apple Wi-Fi Calling, 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, Apple Wi-Fi Calling 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. 3 4 5 6 7 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 A call is initiated by the Apple device beginning with the establishment of communication between the device and a server operated by the carrier. A first participant profile including 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 first participant device to the network. 16 17 18 19 20 21 22 23 24 25 26 27 28 Apple Wi-Fi Calling allows calls to be made using the carrier’s private network and over a public network such as the PSTN. First network classification criteria represents routing calls over the carrier’s private network. First participant attributes are used to establish a first network classification criteria. One example of first participant attributes being used to establish first network classification criteria is the use of first participant related information to interpret the second participant identifier. The second participant identifier may need to be interpreted according to the location from which the first participant is registered and/or the location from which the first participant 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 14 VPLM00395 2/9/2016 3:30:24 P 1 2 3 U.S. Patent No. 8,542,815 Claim Accused Device/Instrumentality handled using Apple Wi-Fi Calling. 4 5 6 7 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 The Apple Wi-Fi Calling setup screen indicates that “For short code calls, the city will be sent for call routing purpose.” 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 has not blocked communication with the second participant and the second participant is a carrier subscriber, then the call can be made using the carrier’s private network. The first participant account could be set up to block certain outgoing calls, such as international calls or toll destinations. The first participant account could also be set up to block calls to specific numbers. Another example of first participant attributes being used to establish first network classification criteria is determining if the first participant account 15 VPLM00396 2/9/2016 3:30:24 P 1 2 U.S. Patent No. 8,542,815 Claim Accused Device/Instrumentality has sufficient authorization to process a charge associated with the communication. If a call involves a charge and the first participant account can process the charge, and the second participant is a carrier subscriber, then the call can be made using the carrier’s private network. [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 Apple Wi-Fi Calling 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 identifier meet a second network classification criterion, Apple Wi-Fi Calling 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. 3 4 5 6 7 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The carrier operated controller routes the call using a routing message to its own subscriber over its private network Apple Wi-Fi Calling allows calls to be made using the carrier’s private network and over a public network such as the PSTN. Second network classification criteria represents routing calls over a public network such as the PSTN. 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 related information to interpret the second participant identifier. The second participant identifier may need to be interpreted according to the location from which the first participant is registered and/or the location from which the first participant 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 AT&T Wi-Fi Calling. 16 VPLM00397 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 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 The Apple Wi-Fi Calling setup screen indicates that “For short code calls, the city will be sent for call routing purpose.” 15 16 17 18 19 20 21 22 23 24 25 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 has not blocked communication with the second participant and the second participant is not a carrier subscriber, then the call must be made using a public network such as the PSTN. The first participant account could be set up to block certain outgoing calls, such as international calls or toll destinations. The first participant account could also be set up to block calls to specific numbers. 26 27 28 Another example of first participant attributes being used to establish second network classification criteria is determining if the first participant account has sufficient authorization to process a charge associated with the 17 VPLM00398 2/9/2016 3:30:24 P 1 2 U.S. Patent No. 8,542,815 Claim Accused Device/Instrumentality communication. If a call involves a charge and the first participant account can process the charge, and the second participant is not a carrier subscriber, then the call must be made using a public network such as the PSTN. [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. Apple Wi-Fi Calling 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. 75. The method of claim 74, wherein the packet switched network comprises the Internet. In Apple Wi-Fi Calling the packet switched network includes the Internet. 76. The method of claim 74, wherein the first participant identifier comprises a first participant telephone number or username. In Apple Wi-Fi Calling the first participant identifier comprises a first participant telephone number or username. 77. The method of claim 74, wherein the In Apple Wi-Fi Calling the second participant identifier comprises a second participant telephone number or username. 3 4 5 6 7 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 17 18 19 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. 20 21 22 23 24 25 26 27 28 18 VPLM00399 2/9/2016 3:30:24 P 1 2 3 4 5 6 7 U.S. Patent No. 8,542,815 Claim second participant identifier comprises a second participant telephone number or username. Accused Device/Instrumentality 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 78. The method of claim 74, wherein the communication comprises a voice-over-IP communication. In Apple Wi-Fi Calling the communication comprises a voice-over-IP communication. 79. The method of claim 74, wherein the packet switched network is accessed via an Internet service provider. In Apple Wi-Fi Calling 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 the second participant are both in the first portion of the packet switched In Apple Wi-Fi Calling 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. 19 VPLM00400 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 (702) 384-7000 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 network. 84. The method of claim 74, wherein the address in the first portion is accessible through the first participant's Internet service provider. Accused Device/Instrumentality In Apple Wi-Fi Calling the address in the first portion is accessible through the first participant's Internet service provider. 88. The method In Apple Wi-Fi Calling the entity is an entity supplying communication of claim 74, services for the first portion. wherein the entity is an entity supplying communication services for the first portion. 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 service supplier. In Apple Wi-Fi Calling 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. 92. The method of claim 74, wherein the address in the In Apple Wi-Fi Calling the address in the second portion of the packet switched network comprises an address accessed by a communication service supplier. 20 VPLM00401 2/9/2016 3:30:24 P 1 U.S. Patent No. 8,542,815 Claim second portion of the packet switched network comprises an address accessed by a communication service supplier. Accused Device/Instrumentality 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: Apple Wi-Fi Calling 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. Apple Wi-Fi Calling includes a controller comprising a processor operably configured to access a memory. 27 [94a] a controller comprising: a processor operably configured to access a memory, wherein the processor is configured to: 28 [94b] after the See claim element [74a]. 2 3 4 5 6 7 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 17 18 19 20 See claim element [74p]. 21 22 23 24 25 26 Apple Wi-Fi Calling uses a controller with processors, memory and instructions that includes the Apple device and/or carrier operated equipment. 21 VPLM00402 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 (702) 384-7000 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 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; 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 See claim element [74c]. 22 VPLM00403 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 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 U.S. Patent No. 8,542,815 Claim address being associated with the second participant, the first portion being controlled by an entity; and Accused Device/Instrumentality [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 network routing message identifying an address in a second portion of the packet switched network, the second portion not controlled by the entity. See claim element [74e]. See claim 78. 27 95. The system of claim 94, wherein the communication comprises a voice-over-IP communication. 28 96. The system See claim 79. 16 17 18 19 20 21 22 23 24 25 26 23 VPLM00404 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 (702) 384-7000 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 of claim 94, wherein the packet switched network is accessed via an Internet service provider. Accused Device/Instrumentality 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 Apple Wi-Fi Calling includes 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 Apple Wi-Fi Calling uses processors with instructions in the Apple device and/or carrier operated equipment. See claim element [74p]. 24 VPLM00405 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 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 17 18 19 20 U.S. Patent No. 8,542,815 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]. 21 22 23 24 25 26 27 28 25 VPLM00406 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 (702) 384-7000 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 [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 Accused Device/Instrumentality 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 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 See claim element [74e]. 26 VPLM00407 2/9/2016 3:30:24 P 1 2 3 4 U.S. Patent No. 8,542,815 Claim network, the second portion not controlled by the entity. Accused Device/Instrumentality 5 6 7 8 9 11 12 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27 VPLM00408 2/9/2016 3:30:24 P

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