throbber
Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 1 of 37
`Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 1 of 37
`
`EXHIBIT 14
`EXHIBIT 14
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`EXHIBIT 5
`
`

`

`
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`
`
`EXHIBIT 5
`The following tables compare claim 20 of U.S. Patent 8,630,234 (“the ’234 Patent”) and claim 38 of U.S. Patent 10,880,721
`(“the ’721 Patent”) against allegedly representative claims considered in Voip-Pal.Com, Inc. v. Apple Inc., 375 F. Supp. 3d 1110 (N.D.
`Cal. 2019)) and 411 F. Supp. 3d 926 (N.D. Cal. 2019) and claims identified by AT&T in Case Nos. 5:20-cv-02995-LHK and 3:21-cv-
`05078-SK.
`’234 Patent, Claim 20 vs. ’606 Patent, Claim 15
`A.
`3:21-cv-05078-SK, Dkt. No. 1 at ¶39)
`B.
`’721 Patent, Claim 38 vs. ’606 Patent, Claim 15
`No. 3:21-cv-05078-SK, Dkt. No. at ¶39)
`C.
`’234 Patent, Claim 20 vs. ’815 Patent, Claim 1
`D.
`’234 Patent, Claim 20 vs. ’005 Patent, Claim 74
`E.
`’234 Patent, Claim 20 vs. ’002 Patent, Claim 1
`F.
`’234 Patent, Claim 20 vs. ’002 Patent, Claim 26
`G.
`’234 Patent, Claim 20 vs. ’549 Patent, Claim 9
`H.
`’234 Patent, Claim 20 vs. ’762 Patent, Claim 21
`I.
`’721 Patent, Claim 38 vs. ’815 Patent, Claim 1
`J.
`’721 Patent, Claim 38 vs. ’005 Patent, Claim 74
`K.
`’721 Patent, Claim 38 vs. ’002 Patent, Claim 1
`L.
`’721 Patent, Claim 38 vs. ’002 Patent, Claim 26
`M.
`’721 Patent, Claim 38 vs. ’549 Patent, Claim 9
`N.
`’721 Patent, Claim 38 vs. ’762 Patent, Claim 21
`
`Claim elements which do not appear to correspond to anything in the claim being compared are labeled as “[n/a]” (“not
`applicable”).
`
`Yellow represents elements in the ’234 or ’721 patent claims that are not present in the allegedly representative claims or the
`claims identified by AT&T.
`Red represents elements in the allegedly representative claims or the claims identified by AT&T that are not present in the
`’234 or ’721 patent claims.
`
`
`(see 375 F. Supp. 3d 1110 (N.D. Cal. 2019) at pp.6-7)
`(see 375 F. Supp. 3d 1110 (N.D. Cal. 2019) at pp.7-8)
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.19-23)
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.27-29)
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.23-27)
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.29-31)
`(see 375 F. Supp. 3d 1110 (N.D. Cal. 2019) at pp.6-7)
`(see 375 F. Supp. 3d 1110 (N.D. Cal. 2019) at pp.7-8)
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.19-23)
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.27-29)
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.23-27)
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.29-31)
`
`(see Case No. 5:20-cv-02995-LHK, Dkt. No. 1 at ¶27; Case No.
`
`(see AT&T Case No. 5:20-cv-02995-LHK, Dkt. No. 1 at ¶27; Case
`
`
`
`1
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 3 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 4 of 37
`
`A. U.S. Patent 8,630,234, Claim 20
`(see ’234 Patent at 36:29-56)
`
`
`
`20. A mobile telephone apparatus comprising:
`
`
`a processor circuit;
`
`a network interface in communication with said processor
`circuit; and
`
`a computer readable medium in communication with said
`processor circuit and encoded with codes for directing said
`processor circuit to:
`
`receive, from a user of the mobile telephone, a callee identifier
`associated with the callee;
`
`
`cause an access code request message to be transmitted to an
`access server to seek an access code from a pool of access codes
`wherein each access code in said pool of access codes identifies
`a respective telephone number or Internet Protocol (IP) network
`
`A. Claim 15 of U.S. Patent 10,218,606 (“the ’606 Patent”)
`(see ’606 Patent at 37:30-38:3, 39:22-38)
`
`[N.B.: Claim 15 includes claim 1 and claim 14:]
`
`1. A method for routing communications in a packet switched
`communication system between a first participant device
`associated with a first participant and a second participant device
`associated with a second participant, the first and second
`participant devices being associated with first and second
`network elements of the communication system, respectively,
`the method comprising:
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`receiving, by at least one processor, a second participant
`identifier associated with the second participant device, in
`response to initiation of a communication from the first
`participant device to the second participant device, the first
`participant device being associated with a first participant
`identifier;
`
`[n/a]
`
`2
`
`

`

`
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`
`address that enables a local call to be made to call the callee
`identified by the callee identifier, said access code request
`message including said callee identifier and a location identifier
`separate and distinctive from said callee identifier, said location
`identifier identifying a location of the mobile telephone;
`
`receive an access code reply message from the access server in
`response to said access code request message, said access code
`reply message including an access code different from said
`callee identifier and associated with said location identifier
`and/or associated with a location pre-associated with the mobile
`telephone and wherein said access code expires after a period of
`time; and
`[n/a]
`
`[n/a]
`
`[n/a]
`
`initiate a call using said access code to identify the callee.
`
`[n/a]
`
`[n/a]
`
`causing the at least one processor to access at least one memory
`storing a first participant profile identifying at least one first
`participant attribute;
`
`processing the second participant identifier and the at least one
`first participant attribute, using the at least one processor, to
`produce a new second participant identifier based on at least one
`match between the second participant identifier and the at least
`one first participant attribute;
`
`processing the new second participant identifier, using the at
`least one processor, to determine whether the second network
`element is the same as the first network element;
`
`[n/a]
`
`when the second network element is determined to be the same
`as the first network element, producing a routing message
`identifying a first network address associated with the first
`network element, using the at least one processor; and
`
`3
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 5 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 6 of 37
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`
`
`
`
`
`
`when the second network element is determined not to be the
`same as the first network element, producing a routing message
`identifying a second network address associated with the second
`network element, using the at least one processor;
`
`wherein the packet switched communication system attempts to
`establish the communication from the first participant device to
`the second participant device based on at least one network
`address identified in the routing message.
`
`14. The method of claim 1, wherein the packet switched
`communication system is controlled by a system operator, the
`method further comprising:
`
`receiving a third participant identifier associated with a third
`participant device, wherein the third participant device is not
`associated with either the first network element or the second
`network element; and
`
`producing a routing message identifying a gateway to an
`external communication system that is not controlled by the
`system operator, using the at least one processor, to cause a
`further communication to be established to the third participant
`device.
`
`15. The method of claim 14 wherein at least a portion of the
`external communication system is a public switched telephone
`network (PSTN) communication system, and wherein the third
`participant identifier comprises a public switched telephone
`network (PSTN) number.
`
`4
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 6 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 7 of 37
`
`B. ’721 Patent, Claim 38
`(see ’721 Patent at 38:10-40)
`
`
`38. A wireless apparatus comprising:
`
`a processor circuit comprising at least one processor;
`
`a network interface in communication with the processor circuit;
`and
`
`a non-transitory computer readable medium having computer
`executable codes stored thereon for directing the processor
`circuit to:
`
`receive from a user of the wireless apparatus a destination node
`identifier associated with a destination node with which the user
`wishes to communicate;
`
`
`transmit an access code request message to an access server, the
`access code request message including the destination node
`identifier and a location identifier identifying a geographical
`location of the wireless apparatus;
`
`
`B. Claim 15 of U.S. Patent 10,218,606 (“the ’606 Patent”)
`(see ’606 Patent at 37:30-38:3, 39:22-38)
`[N.B.: Claim 15 includes claim 1 and claim 14:]
`
`1. A method for routing communications in a packet switched
`communication system between a first participant device
`associated with a first participant and a second participant device
`associated with a second participant, the first and second
`participant devices being associated with first and second
`network elements of the communication system, respectively,
`the method comprising:
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`receiving, by at least one processor, a second participant
`identifier associated with the second participant device, in
`response to initiation of a communication from the first
`participant device to the second participant device, the first
`participant device being associated with a first participant
`identifier;
`
`[n/a]
`
`5
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 7 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 8 of 37
`
`receive an access code reply message from the access server in
`response to the access code request message, the access code
`reply message including an access code based on the location
`identifier in the access code request message, the access code
`identifying a communications channel on a gateway through
`which communications between the wireless apparatus and the
`destination node can be conducted, the access code being
`distinct from the destination node identifier; and
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`initiate communications from the wireless apparatus, via the
`network interface, using the access code based on the location
`identifier, to establish communications between the wireless
`apparatus and the destination node through the communications
`channel identified by the access code.
`
`[n/a]
`
`[n/a]
`
`causing the at least one processor to access at least one memory
`storing a first participant profile identifying at least one first
`participant attribute;
`
`processing the second participant identifier and the at least one
`first participant attribute, using the at least one processor, to
`produce a new second participant identifier based on at least one
`match between the second participant identifier and the at least
`one first participant attribute;
`
`processing the new second participant identifier, using the at
`least one processor, to determine whether the second network
`element is the same as the first network element;
`
`[n/a]
`
`when the second network element is determined to be the same
`as the first network element, producing a routing message
`identifying a first network address associated with the first
`network element, using the at least one processor; and
`
`6
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 8 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 9 of 37
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`
`
`
`
`
`
`when the second network element is determined not to be the
`same as the first network element, producing a routing message
`identifying a second network address associated with the second
`network element, using the at least one processor;
`
`wherein the packet switched communication system attempts to
`establish the communication from the first participant device to
`the second participant device based on at least one network
`address identified in the routing message.
`
`14. The method of claim 1, wherein the packet switched
`communication system is controlled by a system operator, the
`method further comprising:
`
`receiving a third participant identifier associated with a third
`participant device, wherein the third participant device is not
`associated with either the first network element or the second
`network element; and
`
`producing a routing message identifying a gateway to an
`external communication system that is not controlled by the
`system operator, using the at least one processor, to cause a
`further communication to be established to the third participant
`device.
`
`15. The method of claim 14 wherein at least a portion of the
`external communication system is a public switched telephone
`network (PSTN) communication system, and wherein the third
`participant identifier comprises a public switched telephone
`network (PSTN) number.
`
`7
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 9 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 10 of 37
`
`C. U.S. Patent 8,630,234, Claim 20
`(see ’234 Patent at 36:29-56)
`
`20. A mobile telephone apparatus comprising:
`
`
`a processor circuit;
`
`a network interface in communication with said processor
`circuit; and
`
`a computer readable medium in communication with said
`processor circuit and encoded with codes for directing said
`processor circuit to:
`
`receive, from a user of the mobile telephone, a callee identifier
`associated with the callee;
`
`cause an access code request message to be transmitted to an
`access server to seek an access code from a pool of access codes
`wherein each access code in said pool of access codes identifies
`a respective telephone number or Internet Protocol (IP) network
`address that enables a local call to be made to call the callee
`identified by the callee identifier, said access code request
`message including said callee identifier and a location identifier
`separate and distinctive from said callee identifier, said location
`identifier identifying a location of the mobile telephone;
`
`receive an access code reply message from the access server in
`response to said access code request message, said access code
`reply message including an access code different from said
`callee identifier and associated with said location identifier
`
`C. Allegedly Representative Claim 1 of U.S. Patent
`8,542,815 (“the ’815 Patent”) (see ’815 Patent at 36:14-38)
`
`1. A process for operating a call routing controller to facilitate
`communication between callers and callees in a system
`comprising a plurality of nodes with which callers and callees
`are associated, the process comprising:
`[n/a]
`
`[n/a]
`
`[n/a]
`
`in response to initiation of a call by a calling subscriber,
`receiving a caller identifier and a callee identifier;
`
`[n/a]
`
`[n/a]
`
`8
`
`

`

`
`
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`
`and/or associated with a location pre-associated with the mobile
`telephone and wherein said access code expires after a period of
`time; and
`[n/a]
`
`[n/a]
`
`[n/a]
`
`initiate a call using said access code to identify the callee.
`
`[n/a]
`
`[n/a]
`
`
`
`
`
`
`locating a caller dialing profile comprising a username
`associated with the caller and a plurality of calling attributes
`associated with the caller;
`
`determining a match when at least one of said calling attributes
`matches a portion of said callee identifier;
`
`classifying the call as a public network call when said match
`meets public network classification criteria and classifying the
`call as a private network call when said match meets private
`network classification criteria;
`
`[n/a]
`
`when the call is classified as a private network call, producing a
`private network routing message for receipt by a call controller,
`said private network routing message identifying an address, on
`the private network, associated with the callee;
`
`when the call is classified as a public network call, producing a
`public network routing message for receipt by the call controller,
`said public network routing message identifying a gateway to the
`public network.
`
`
`9
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 11 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 12 of 37
`
`D. Allegedly Representative Claim 74 of U.S. Patent
`9,179,005 (“the ’005 Patent”) (see ’005 Patent at 43:41-65)
`
`74. 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:
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`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;
`[n/a]
`
`D. U.S. Patent 8,630,234, Claim 20
`(see ’234 Patent at 36:29-56)
`
`20. A mobile telephone apparatus comprising:
`
`
`a processor circuit;
`
`a network interface in communication with said processor
`circuit; and
`
`a computer readable medium in communication with said
`processor circuit and encoded with codes for directing said
`processor circuit to:
`
`receive, from a user of the mobile telephone, a callee identifier
`associated with the callee;
`
`[n/a]
`
`cause an access code request message to be transmitted to an
`access server to seek an access code from a pool of access codes
`wherein each access code in said pool of access codes identifies
`a respective telephone number or Internet Protocol (IP) network
`address that enables a local call to be made to call the callee
`identified by the callee identifier, said access code request
`message including said callee identifier and a location identifier
`separate and distinctive from said callee identifier, said location
`identifier identifying a location of the mobile telephone;
`
`10
`
`

`

`
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`
`
`receive an access code reply message from the access server in
`response to said access code request message, said access code
`reply message including an access code different from said
`callee identifier and associated with said location identifier
`and/or associated with a location pre-associated with the mobile
`telephone and wherein said access code expires after a period of
`time; and
`
`initiate a call using said access code to identify the callee.
`
`[n/a]
`
`[n/a]
`
`
`
`
`
`
`[n/a]
`
`[n/a]
`
`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, producing a 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
`
`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, 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.
`
`
`11
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 13 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 14 of 37
`
`E. U.S. Patent 8,630,234, Claim 20
`(see ’234 Patent at 36:29-56)
`
`20. A mobile telephone apparatus comprising:
`
`
`a processor circuit;
`
`a network interface in communication with said processor
`circuit; and
`
`a computer readable medium in communication with said
`processor circuit and encoded with codes for directing said
`processor circuit to:
`
`receive, from a user of the mobile telephone, a callee identifier
`associated with the callee;
`
`cause an access code request message to be transmitted to an
`access server to seek an access code from a pool of access codes
`wherein each access code in said pool of access codes identifies
`a respective telephone number or Internet Protocol (IP) network
`address that enables a local call to be made to call the callee
`identified by the callee identifier, said access code request
`message including said callee identifier and a location identifier
`
`E. Allegedly Representative Claim 1 of U.S. Patent 9,826,002
`(“the ’002 Patent”) (see ‘002 Patent at 37:30-38:2)
`
`1. A method of routing a communication in a communication
`network system between an Internet-connected first participant
`device associated with a first participant and a second participant
`device associated with a second participant, the method
`comprising:
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`in response to initiation of the communication by the first
`participant device, receiving, by a controller comprising at least
`one processor, over an Internet protocol (IP) network a first
`participant identifier and a second participant identifier, the
`second participant identifier being associated with the second
`participant device;
`
`[n/a]
`
`12
`
`

`

`
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`
`separate and distinctive from said callee identifier, said location
`identifier identifying a location of the mobile telephone;
`
`receive an access code reply message from the access server in
`response to said access code request message, said access code
`reply message including an access code different from said
`callee identifier and associated with said location identifier
`and/or associated with a location pre-associated with the mobile
`telephone and wherein said access code expires after a period of
`time; and
`[n/a]
`
`[n/a]
`
`[n/a]
`
`initiate a call using said access code to identify the callee.
`
`[n/a]
`
`[n/a]
`
`causing the at least one processor to access a database
`comprising user profiles, using the first participant identifier,
`each user profile associating a respective plurality of attributes
`with a respective user, to locate a plurality of first participant
`attributes;
`
`processing the second participant identifier, using the at least
`one processor, based on at least one of the plurality of first
`participant attributes obtained from a user profile for the first
`participant, to produce a new second participant identifier;
`
`classifying the communication, based on the new second
`participant identifier, as a system communication or an external
`network communication, using the at least one processor;
`[n/a]
`
`when the communication is classified as a system
`communication, producing a system routing message identifying
`an Internet address associated with the second participant device,
`using the at least one processor, wherein the system routing
`message causes the communication to be established to the
`second participant device; and
`
`
`13
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 15 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 16 of 37
`
`[n/a]
`
`
`
`
`
`
`when the communication is classified as an external network
`communication, producing an external network routing message
`identifying an Internet address associated with a gateway to an
`external network, using the at least one processor, wherein the
`external network routing message causes the communication to
`the second participant device to be established using the gateway
`to the external network.
`
`
`14
`
`

`

`
`
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`
`F. U.S. Patent 8,630,234, Claim 20
`(see ’234 Patent at 36:29-56)
`
`
`
`[See above for recital of all the elements of independent Claim
`20]
`
`
`
`[n/a]
`
`[n/a]
`
`
`
`
`
`
`F. Allegedly Representative Claim 26 of U.S. Patent
`9,826,002 (see ’002 Patent at 42:32-38)
`
`
`26. The method of claim 1, further comprising:
`
`
`accessing the database to locate communication blocking
`information associated with the second participant, using the at
`least one processor; and
`
`blocking the communication when the communication blocking
`information identifies the first participant identifier.
`
`
`
`15
`
`

`

`
`
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`
`G. U.S. Patent 8,630,234, Claim 20
`(see ’234 Patent at 36:29-56)
`
`
`
`20. A mobile telephone apparatus comprising:
`
`
`a processor circuit;
`
`
`a network interface in communication with said processor
`circuit; and
`
`a computer readable medium in communication with said
`processor circuit and encoded with codes for directing said
`processor circuit to:
`
`receive, from a user of the mobile telephone, a callee identifier
`associated with the callee;
`
`cause an access code request message to be transmitted to an
`access server to seek an access code from a pool of access codes
`wherein each access code in said pool of access codes identifies
`a respective telephone number or Internet Protocol (IP) network
`address that enables a local call to be made to call the callee
`identified by the callee identifier, said access code request
`
`G. Allegedly Representative Claim 9 of U.S. Patent
`9,948,549 (“the ’549 Patent”) (see ’549 Patent at 38:48-59)
`
`[N.B.: Claim 9 of the ’549 Patent incorporates Claim 1 by
`reference]
`
`1. A method of routing a communication in a communication
`system between an Internet-connected first participant device
`associated with a first participant and a second participant device
`associated with a second participant, the method comprising:
`
`causing at least one processor to access at least one memory
`storing a first participant profile identifying at least one first
`participant attribute;
`
`[n/a]
`
`[n/a]
`
`receiving, by the at least one processor, a second participant
`identifier inputted by the first participant using the first
`participant device to initiate a communication, the second
`participant identifier being associated with the second participant
`device;
`[n/a]
`
`16
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 18 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 19 of 37
`
`message including said callee identifier and a location identifier
`separate and distinctive from said callee identifier, said location
`identifier identifying a location of the mobile telephone;
`
`receive an access code reply message from the access server in
`response to said access code request message, said access code
`reply message including an access code different from said
`callee identifier and associated with said location identifier
`and/or associated with a location pre-associated with the mobile
`telephone and wherein said access code expires after a period of
`time; and
`[n/a]
`
`[n/a]
`
`initiate a call using said access code to identify the callee.
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`processing the second participant identifier, based on the at least
`one first participant attribute obtained from the first participant
`profile, to produce a new second participant identifier;
`
`classifying the communication as a system communication or an
`external network communication;
`
`[n/a]
`
`when the communication is classified as a system
`communication, producing a system routing message, based on
`the new second participant identifier, that identifies an Internet
`Protocol (IP) address of a network element through which the
`communication is to be routed thereby causing the
`communication to be established to the second participant
`device; and
`
`when the communication is classified as an external network
`communication, producing an external network routing message,
`based on the new second participant identifier, that identifies an
`address associated with a gateway to an external network
`thereby causing the communication to the second participant
`
`17
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 19 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 20 of 37
`
`
`
`[n/a]
`
`[n/a]
`
`
`
`
`
`
`device to be established by use of the gateway to the external
`network.
`
`
`[see claim 1 above, which is incorporated into claims 8-9]
`8. The method of claim 1, wherein classifying the
`communication comprises causing the at least one processor to:
`
`determine whether a profile associated with the new second
`participant identifier exists in a database, and when a profile
`associated with the new second participant identifier does not
`exist in the database, classify the communication as an external
`network communication.
`
`9. The method of claim 8, wherein, when a profile associated
`with the new second participant identifier exists in the database,
`causing the at least one processor to classify the communication
`as a system communication.
`
`
`18
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 20 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 21 of 37
`
`H. U.S. Patent 8,630,234, Claim 20
`(see ’234 Patent at 36:29-56)
`
`20. A mobile telephone apparatus comprising:
`
`
`a processor circuit;
`
`a network interface in communication with said processor
`circuit; and
`
`a computer readable medium in communication with said
`processor circuit and encoded with codes for directing said
`processor circuit to:
`
`receive, from a user of the mobile telephone, a callee identifier
`associated with the callee;
`
`cause an access code request message to be transmitted to an
`access server to seek an access code from a pool of access codes
`wherein each access code in said pool of access codes identifies
`a respective telephone number or Internet Protocol (IP) network
`address that enables a local call to be made to call the callee
`identified by the callee identifier, said access code request
`
`H. Allegedly Representative Claim 21 of U.S. Patent
`9,537,762 (“the ’762 Patent”) (see id. at 39:41-40:14)
`
`21. A method of routing communications in a system in which a
`first participant identifier is associated with a first participant
`registered with the system and wherein a second participant
`identifier is associated with a second participant, the first
`participant being associated with a first participant device
`operable to establish a communication using the system to a
`second participant device associated with the second participant,
`the system comprising at least one processor operably
`configured to execute program code stored on at least one
`memory, the method comprising:
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`in response to the first participant device initiating the
`communication to the second participant device, receiving the
`first participant identifier and the second participant identifier
`from the first participant device;
`[n/a]
`
`19
`
`

`

`
`
`Case 5:20-cv-02995-LHK Document 90-6 Filed 07/12/21 Page 21 of 36Case 3:21-cv-09773-JD Document 33-3 Filed 03/28/22 Page 22 of 37
`
`message including said callee identifier and a location identifier
`separate and distinctive from said callee identifier, said location
`identifier identifying a location of the mobile telephone;
`
`receive an access code reply message from the access server in
`response to said access code request message, said access code
`reply message including an access code different from said
`callee identifier and associated with said location identifier
`and/or associated with a location pre-associated with the mobile
`telephone and wherein said access code expires after a period of
`time; and
`
`initiate a call using said access code to identify the callee.
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`[n/a]
`
`using the first participant identifier to locate, via the at least one
`processor, a first partic

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