Voip Pal Com Inc (VPLM)

[rapz]

Two major accusations from T-Mobile:

VPLM winning 36 out 36 IPR's without losing a single claim is one thing. Going beyond the IPR win, taking a closer look at some details of VPLM MG patents may be of interest to investors.

T-MOBILE’S MOTION TO AMEND ITS ANSWER AND COUNTERCLAIMS TO ADD ALLEGATIONS OF INEQUITABLE CONDUCT
Case 6:21-cv-00674-ADA Document 84 Filed 02/06/23
Two major accusations from T-Mobile:
(1) incomplete prior art -
T-Mobile complains that T-Mobile's wi-fi calling system, HotSpot@Home System, existing in 2006 was ignored in prior art by VPLM when filing for MG patents in 2008. Out of two pages of prior art that VPLM included in the two MG patents '234 and '721, the patent examiner cited 4 references on each patent filing. See below what the law requires for prior art.
(2) False "inventorship" by including Emil Malak as an inventor. (Skip item 2 for now.)

What is Prior Art?
US patent law is the only reliable source of information. 35 U. S. Code defines Prior Art as follows.
2121 Prior Art; General Level of Operability Required to Make a Prima Facie Case [R-08.2017]
I. PRIOR ART IS PRESUMED TO BE OPERABLE/ENABLING
When the reference relied on expressly anticipates or makes obvious all of the elements of the claimed invention, the reference is presumed to be operable. Once such a reference is found, the burden is on applicant to rebut the presumption of operability.

II. WHAT CONSTITUTES AN “ENABLING DISCLOSURE” DOES NOT DEPEND ON THE TYPE OF PRIOR ART THE DISCLOSURE IS CONTAINED IN
The level of disclosure required within a reference to make it an “enabling disclosure” is the same no matter what type of prior art is at issue. It does not matter whether the prior art reference is a U.S. patent, foreign patent, a printed publication or other. (... Skip the remaining sections of Section 2121 for now... Let us focus on enablement issue.)

The law presumes prior art is required to be enabling all of the elements underlying invention of a patent application. There is no mention of T-Mobile's patent application that required enabling?

T- Mobile's UMA (Unlicensed Mobile Access) designation.
"T-Mobile has operated a Wi-Fi calling system that uses “DNS queries” since 2006...
...inventors and patent applicant never disclosed T-Mobile’s prior art Wi-Fi calling service (“HotSpot@Home”) to the Patent Office during its six years of prosecution."
"...HotSpot@Home was based off the Unlicensed Mobile Access (“UMA”) specification, a technical standard developed by multiple telecommunications companies (including T-Mobile) meant to provide alternative access to cellular networks through IP-based broadband connections — i.e., the Internet. Because HotSpot@Home used the Internet, it required the use of Domain Name System (“DNS”) servers, with a specialized domain name (i.e., a Fully Qualified Domain Name (“FQDN”)) from a user’s mobile phone and translated that domain name into an IP address that network protocols can use to locate networked T-Mobile servers connected to the Internet in order to initiate a Wi-Fi call. (Although VPLM's patents accomplish the same results, the jury likes to know how VPLM technology is different, viz. advantage, efficiency, cost, ease of use, etc.)
HotSpot@Home used DNS servers to connect to a UMA controller, which was required to route a call made over Wi-Fi to T-Mobile’s core cellular network, T-Mobile’s current Wi-Fi calling system uses the same type of DNS queries to deliver IP addresses for its servers to a user’s mobile phone (similar to VPLM's ex. G at TMO-VOIPPAL-00023447 Re. Mr. Hudnell) - precisely the functionality that VoIP-Pal seems to claim infringes. Mr.Hudnell's filing gives more examples of similar TMUS infringements. Mr. Hudnell continues:
"Once T-Mobile became aware of this overlap in accused functionality between its current system and its 2006-era HotSpot@Home system, T-Mobile produced documents describing its HotSpot@Home system and additionally disclosed and charted HotSpot@Home in its invalidity contentions in July 2022. Until recently, however, T-Mobile did not know that VoIP-Pal or its predecessor-in-interest (Digifonica, also an entity associated with Emil Malak) ..." (weak argument, first TMobile accuses of VPLM ignoring their HotSpot@Home in 2006, which was later changed to Unlicensed Mobile Access (“UMA”) specification system; modified perhaps after VPLM MG patent filing 2008 (?) to route wi-fi calls, following VPLM methods, infringing VPLM MG patents,'234 and '721 patents.

UMA: Unlicensed Mobile Access Technology
UMA technology was founded by a number of leading operators and vendors, called The UMA Consortium, and has been in development since January 2004. The list of participants, include British Telecom, Cingular, Motorola, Nokia, and T-Mobile US, who are active in the testing and further participation.

Unlicensed Mobile Access (UMA) Explained
By Nadeem Unuth Updated on January 26, 2020 https://www.lifewire.com/uma-explained-3426407
Unlicensed Mobile Access is a wireless technology that allows a seamless transition between wide-area cellular networks (licensed WAN) and wireless local area networks (unlicensed LAN e.g. Wi-Fi, Bluetooth). With UMA, you can initiate a cell calls over your carrier's GSM (unlicensed LAN) and the call will switch from the GSM network to your office’s Wi-Fi network (licensed WAN) as soon as you walk into range of office (licensed WAN). And vice-versa.
How UMA Works
UMA is, in fact, a commercial name for a generic access network (GAN).
When a handset already in communication through a wireless WAN, enters the area of a wireless LAN network, it presents itself to the WAN’s GAN controller as being on a different base station of the WAN and shifts to the wireless LAN network. The unlicensed LAN is presented as a part of the licensed WAN, and thus the transition is smoothly allowed. When the user moves out of the range of the unlicensed wireless LAN, the connection is roamed back to the wireless WAN.
This whole process is completely transparent to the user, with no dropped calls or interruptions in data transfer. (VPLM MG patents perform this task more efficiently and eleganlty. This part will be argued to convince the jury.)

How Can People Benefit From UMA?
1. People can use their mobile handsets in many places and networks but still have one single number.
2. They can set up their wireless LANs themselves, thereby solving the problem caused by holes in the coverage of their provider’s network.
3. Roaming charges outside the mobile service provider’s network are eliminated because calls can be initiated within free unlicensed wireless LANs.
4. Mobile communication becomes more reliable and cheap, incentivizing some people to replace expensive PSTN phone services.

How Can Providers Benefit From UMA?
1. Carriers can set up Wi-Fi hotspots in-network coverage holes instead of investing in expensive wireless WAN hardware.
2. Congestion on GSM and other wireless WAN networks are relieved with part of the traffic is directed to unlicensed wireless LANs.
3. Networks like Wi-Fi are better for carrying other types of media apart from voice, instead of GSM. Thus, providers can design communication packages that include more than voice. This capability is especially interesting for Internet service providers eager to expand services and reduce costs. (This is where VPLM MG technology excelled, demonstrated and defendants infringed.)
4. UMA operates at the IP network layer in the protocol stack and is therefore open to many protocols in the interface layer - put simply, it is not restricted to one network, but can work on Wi-Fi, Bluetooth, etc. (Also from VPLM MG patents.)

Disadvantages of UMA
1. Handsets have to be UMA-compatible. (VPLM MG patents do not require UMA compatible handsets. T-Mobile customers may not be using UMA-compatible handsets after perhaps T-Mobile adopted VPLM technology. Infringement is to be proven.)
2. These are rare and quite expensive. (One can use any smart phone with MG technology.)
3. This is a problem both for providers and subscribers. (No such problems is known for using VPLM MG technology.)
4. While UMA provides mobility, it cannot provide free or very cheap calling as SIP-based services and services like Skype. (VPLM does! VPLM MG technology uses Direct-inward-dialing DID phone number data from networks, and the SIP protocol to complete the call, seamlessly as per Mr. Hudnell).
UMA Requirements
To use UMA, you need a wireless network plan, a wireless your own LAN or a public Wi-Fi hotspot, and a mobile handset that supports UMA. Some phones just won’t work.

Comment: The above points give an idea of what the arguments could be. The jury has to be convinced. Wait and see.