Case 6:20-cv-00272-ADA Document 106-2 Filed 12/13/23 Page 1 of 10
`Case 6:20-cv-00272-ADA Document 106-2 Filed 12/13/23 Page 1 of 10
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`EXHIBIT 1
`EXHIBIT 1
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`Case 6:20-cv-00327-ADA Document 28-41 Filed 07/30/20 Page 2 of 10Case 6:20-cv-00272-ADA Document 106-2 Filed 12/13/23 Page 2 of 10
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`Differences Between ‘606 Patent, Claim 1 and Allegedly Representative Claims Analyzed in NDCA by Judge Koh
`The following table provides a comparison of claim 1 of U.S. Patent 10,218,606 (“the ’606 Patent”) against six allegedly representative claims
`analyzed by Judge Koh 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)):
`A.
`’606 Patent, Claim 1 vs. ’815 Patent, Claim 1
`(see 375 F. Supp. 3d 1110 (N.D. Cal. 2019) at pp.6-7)
`B.
`’606 Patent, Claim 1 vs. ’005 Patent, Claim 74 (see 375 F. Supp. 3d 1110 (N.D. Cal. 2019) at pp.7-8)
`C.
`’606 Patent, Claim 1 vs. ’002 Patent, Claim 1
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.19-23)
`D.
`’606 Patent, Claim 1 vs. ’002 Patent, Claim 26 (see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.27-29)
`E.
`’606 Patent, Claim 1 vs. ’549 Patent, Claim 9
`(see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.23-27)
`F.
`’606 Patent, Claim 1 vs. ’762 Patent, Claim 21 (see 411 F. Supp. 3d 926 (N.D. Cal. 2019) at pp.29-31)
`N.B.: Red represents elements in the ’606 patent claims that are not present in the allegedly representative claims.
`
`Yellow represent elements in the allegedly representative claims that are not present in the ’606 patent claims.
`Claim elements which do not appear to correspond to anything in the claim being compared are labeled as “[n/a]” (“not applicable”).
`
`
`
`A. U.S. Patent 10,218,606, Claim 1
`(see ’606 Patent at 37:30-38:4)
`
`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:
`
`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
`
`A. Comparison with 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:
`
`in response to initiation of a call by a calling subscriber, receiving a
`caller identifier and a callee identifier;
`
`1
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`participant device, the first participant device being associated with a
`first participant identifier;
`
`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;
`
`
`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
`
`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.
`
`B. U.S. Patent 10,218,606, Claim 1
`(see ’606 Patent at 37:30-38:4)
`
`
`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;
`
`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.
`
`[n/a]
`
`B. Comparison with Allegedly Representative Claim 74 of U.S.
`Patent 9,179,005 (“the ’005 Patent”) (see ’005 Patent at 43:41-65)
`
`2
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`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:
`
`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;
`
`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;
`
`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
`
`
`when the second network element is determined not to be the same as
`the first network element, producing a routing message identifying a
`
`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:
`
`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]
`
`[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
`
`3
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`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.
`
`C. U.S. Patent 10,218,606, Claim 1
`(see ’606 Patent at 37:30-38:4)
`
`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:
`
`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;
`
`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;
`
`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.
`
`[n/a]
`
`
`C. Comparison with 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:
`
`
`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;
`
`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;
`
`4
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`
`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;
`
`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
`
`
`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.
`
`D. U.S. Patent 10,218,606, Claim 1
`(see ’606 Patent at 37:30-38:4)
`
`
`
`[see above for recital of all the elements in Claim 1]
`
`
`[n/a]
`
`[n/a]
`
`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;
`
`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
`
`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.
`
`
`[see above]
`
`D. Comparison with 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.
`
`5
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`E. U.S. Patent 10,218,606, Claim 1
`(see ’606 Patent at 37:30-38:4)
`
`
`
`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:
`
`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;
`
`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;
`
`
`
`
`E. Comparison with 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:
`
`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;
`
`causing at least one processor to access at least one memory storing a
`first participant profile identifying at least one first participant
`attribute;
`
`[N.B.: This claim element is recited before the preceding claim
`element in the ’549 Patent; it has been reordered here to facilitate
`comparison]
`
`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;
`
`6
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`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;
`
`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
`
`
`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.
`
`
`[n/a]
`
`
`[n/a]
`
`classifying the communication as a system communication or an
`external network communication;
`
`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 device to be
`established by use of the gateway to the external network.
`
`
`[see above]
`
`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.
`
`
`7
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`F. U.S. Patent 10,218,606, Claim 1
`(see ’606 Patent at 37:30-38:4)
`
`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:
`
`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;
`
`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;
`
`
`F. Comparison with 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:
`
`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;
`
`using the first participant identifier to locate, via the at least one
`processor, a first participant profile from among a plurality of
`participant profiles that are stored in a database, the first participant
`profile comprising one or more attributes associated with the first
`participant;
`
`determining a match when at least one of said calling attributes
`matches a portion of said callee identifier;
`
`[n/a]
`
`8
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`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
`
`
`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.
`
`
`
`when at least one of the one or more attributes and at least a portion of
`the second participant identifier meet a first network classification
`criterion, producing, via the at least one processor, a first network
`routing message, the first network routing message identifying an
`address in the system, the address being associated with the second
`participant device;
`
`when at least one of the one or more attributes and at least a portion of
`the second participant identifier meet a second network classification
`criterion, producing, via the at least one processor, a second network
`routing message, the second network routing message identifying an
`address associated with a gateway to a network external to the system,
`wherein the second network classification criterion is met if the second
`participant is not registered with the system; and
`
`
`when at least one of the one or more attributes meets a third network
`classification criterion, producing, via the at least one processor, an
`error message and causing prevention of the communication from
`being established.
`
`
`
`9
`
`