coup de grace
what is the difference in large distances? when somone comes w/ in the viscinity of a hot spot relative to a connected base station? neglagable, the a base station is often a mile or more away, today w/ 4g they are feeding video over phones, the actual qos as far as voice all to often is just as strong in the VISCINITY of the wifi radio as it is outside of that viscinity and the so is the quality of service, why then do they switch the call? to get better qos?, NO, that's not a VALUABLE ENOUGH value proposition, but '923's offloading value proposition is!
quality of service is not a valuable enough value proposition to move the industry to make a wide spread implementation, because users know that they can derive value they will seek out a hot spot and gravitate towards it, by and large, voice quality, and now w/ 4g video quality is comparable hence the primary reason for users to go out of their way to find a hot spot is to get better value. Once users are at home they are within a viscinity that does not require motivation to move to the vicinity, in this case the carrier moves the vicinity to the location where the user is most likely to be.
they are not moving that vicinity because they are nice, but because that is where they have the most band width leakage, users avoid overages hence in order to maximize the profit tmobie moves the vicinity to the user--they are not doing it because they are nice, nor because they care about quality of service, but so they can maximize the profit from the stingy user by offloading from the towers that they are paying for.
double will go for att
again, this is the coup de grace
therefore tmobie is infringing and the patents they cite to not invalidate '923
qed