Exhibit R

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4754
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

EXHIBIT D-1

Invalidity of U.S. Patent No. 9,215,613 in view of U.S. Patent Pub. No. 2008/0160958 (“Abichandani”)

U.S. Patent Publication No. 2008/0160958 (“Abichandani”) was published on July 3, 2008 and therefore constitutes prior art under at least 35 

U.S.C. §§ 102(a), (b), and/or (e) as to the Asserted Claims of U.S. Pat. No. 9,215,613 (“the ’613 Patent”). Abichandani anticipates and/or renders 

obvious the Asserted Claims, either alone or in combination with one or more references identified in Defendants’ Cover Pleading. 

To the extent Plaintiff argues that Abichandani does not disclose any element below, a person of ordinary skill in the art would have found it 

obvious in view of Abichandani alone, with the knowledge of a person of ordinary skill in the art, and/or in view of the prior art systems and 

references disclosed in § II of Defendants’ Invalidity Contentions and the exemplary citations and commentary provided for this claim in Exhibits 

D-2 to D-20 and Appendix D-D thereto. A person of ordinary skill in the art would have been motivated to combine and would have a reasonable 

expectation of success in combining these references because the cited references relate to the same technical field as Abichandani (i.e., network 

and device management). 

The chart below provides representative examples of where each element is found within Abichandani. Citations are meant to be exemplary, not 

exhaustive, and Defendants reserve the right to identify and discuss additional portions of the reference in support of its contentions and/or to rebut 

arguments made by Plaintiff. Citations to figures, drawings, tables, and the like include reference to any accompanying or related text. All 

internal cross references are meant to incorporate the cross-referenced material as if fully set forth therein. 

It is Defendants’ position that Plaintiff’s Disclosure of Asserted Claims and Infringement Contentions have not established that any accused 

product or service infringes any valid claim. Thus, Defendants’ statements below should not be treated as an admission, implication, or suggestion 

that Defendants agree with Plaintiff regarding either the scope, construction, or interpretation of any of the Asserted Claims of the infringement 

theories advanced by Plaintiff in its Preliminary Infringement Contentions, including whether any Asserted Claims satisfies 35 U.S.C. §§ 101 or 

112. In certain cases, Defendants specify non-limiting examples of where its application of the prior art is based on Plaintiff’s apparent 

application of the claim element. These statements are not intended to suggest that Defendants agree with Plaintiff’s application of any claim 

term, suggest a proposed construction at this stage of the case, or suggest that construction is needed, as the parties are not required to exchange 

terms for construction or proposed constructions until a later date. 

Plaintiff has yet to identify of the Asserted Claims that it contends is not anticipated and/or rendered obvious by Abichandani. Defendants 

therefore expressly reserve the right to respond to any such contention, including by identifying additional obviousness combinations, if Plaintiff 

makes any such contention.

Where Defendants state that Abichandani “discloses” a limitation, that disclosure may be express, implicit, and/or inherent. 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

U.S. Patent No. US 9,215,613 (the “’613 Patent”)

Claim Language Exemplary Disclosure of Abichandani

1. A wireless end-user device, 

comprising:

To the extent the preamble may be limiting, Abichandani discloses the preamble. For example: 

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

(a) a wireless wide area network 

(WWAN) modem to communicate data 

for Internet service activities between the 

device and at least one WWAN, when 

configured for and connected to the 

WWAN;

Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

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network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

(b) a wireless local area network (WLAN) 

modem to communicate data for Internet 

service activities between the device and 

at least one WLAN, when configured for 

and connected to the WLAN;

Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

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[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

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[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 12 of 59 PageID #:

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

(c) a non-transient memory to store Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

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4767
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

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4770
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 18 of 59 PageID #:

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

i. a differential traffic control policy list 

distinguishing between a first one or more 

applications resident on the device and a 

second one or more applications and/or 

services resident on the device, and

Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 19 of 59 PageID #:

4772
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

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4773
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

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4774
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

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4775
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

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4776
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

ii. a differential traffic control policy 

applicable to at least some Internet service 

activities by or on behalf of the first one 

or more applications;

Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 24 of 59 PageID #:

4777
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 28 of 59 PageID #:

4781
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

(d) an interface to allow a user to augment 

the differential traffic control policy for 

the first one or more applications but not 

for the second one or more applications 

and/or services; and

Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

(e) one or more processors configured to Abichandani discloses this limitation. For example:

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

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4788
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

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4790
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

i. classify a wireless network to which the 

device currently connects in order to 

communicate data for Internet service 

activities as at least one of a plurality of 

Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile

applications from running when the access conditions are not suitable, the mobile device includes a policy 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

network types that the device can connect 

with,

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 39 of 59 PageID #:

4792
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 40 of 59 PageID #:

4793
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 41 of 59 PageID #:

4794
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

Case 2:23-cv-00379-JRG-RSP Document 76-18 Filed 08/21/24 Page 43 of 59 PageID #:

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

ii. classify whether a particular 

application capable of both interacting 

with the user in a user interface

foreground of the device, and at least 

some Internet service activities when not 

interacting with the user in the device user 

interface foreground, is interacting with 

the user in the device user interface 

foreground, and

Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

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4798
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

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4799
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

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4800
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

(f) selectively allow or deny one or more 

Internet service activities by or on behalf 

of the particular application based on

whether or not the particular application is 

one of the first one or more applications, 

Abichandani discloses this limitation. For example:

[Abstract] A system and method are described whereby a mobile device controls access to mobile 

applications based on access conditions associated with a current access network. To prevent mobile 

applications from running when the access conditions are not suitable, the mobile device includes a policy 

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4801
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

the differential traffic control policy, 

including any applicable user 

augmentation of the differential traffic 

control policy, and the classifications 

performed by the one or more processors.

database used to store a list of access conditions that are inappropriate for launching the installed applications. 

The access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. The access conditions indicate whether the mobile 

device is currently accessing its home network or roaming on another provider's network. Similarly, the access 

conditions indicate the type of network access interface used by the current network to provide the data 

connection necessary to run the requested application. The policy database correlates predetermined actions 

with the access conditions associated with a given application session.

[0004] Embodiments of the invention are used to provide a system and method for controlling access to 

mobile applications from the mobile device based on access conditions associated with a current access 

network, To prevent one or more applications or services from running when the access conditions are not 

suitable, the memory of the mobile device includes a policy or application access database, which is used to 

store a list of access conditions that are inappropriate for launching the installed applications. In embodiments, 

the access conditions are based on the type of the current access network used by the mobile device for 

launching or maintaining the requested application session. For example, the access conditions may indicate 

whether the mobile device is currently accessing its home network or roaming on another provider's network. 

Similarly, the access conditions may indicate the type of network access interface used by the current network 

to provide the data connection necessary to run the requested application. The policy database correlates 

predetermined actions with current status of access conditions associated with a given application session. In 

one embodiment, when the mobile device accesses a network having an access technology specification with 

insufficient data handling capabilities for the requested application, the mobile device denies access to the 

data-intensive application or service specified in the policy database. Similarly, to avoid unwanted roaming 

charges, the mobile device's policy database includes instructions to suspend any scheduled firmware updates 

via a firmware over the air (FOTA) application until the mobile device returns to its home network.

[0005] In one aspect of the invention, a method is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the method comprising 

registering the application with the mobile device, populating a record on the mobile device, the record 

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0006] In another aspect of the invention, a mobile device is provided, the mobile device capable of running 

an application by connecting to an access network, the mobile device comprising a processor, a wireless 

interface for connecting to the access network, and a computer readable medium having thereon instructions 

for registering the application with the mobile device, populating a record on the mobile device, the record 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

specifying one or more conditions for controlling access to the application, the one or more conditions 

associated with the access network, monitoring the one or more conditions, and controlling access to the 

application from the mobile device based on the one or more conditions.

[0007] In still another aspect of the invention, a system is provided for controlling access to an application, the 

application capable of running on a mobile device by connecting to an access network, the system comprising 

(a) the mobile device capable of storing a record for specifying one or more conditions for controlling access 

to the application, the one or more conditions associated with the access network, the mobile device 

comprising an access network monitor module configured to monitor the one or more conditions, and an 

application manager module configured to control access to the application from the mobile device based on 

the one or more conditions reported by the access network monitor module, and (b) a device management 

server having a management connection to the mobile device for populating the record.

[0013] Turning to FIG. 1, an implementation of a system contemplated by an embodiment of the invention is 

shown with reference to a mobile network environment. In the illustrated embodiment, the user device 100 is a 

mobile device, such as a wireless telephone or a portable computer capable of launching an application by 

connecting to an application server 106 via one or more access networks 102, 104. The application server 106 

is responsible for content delivery to the one or more applications running on a mobile device 100. For 

example, when the mobile device 100 includes a multimedia streaming application, the application server 106 

employs a Real-Time Transfer Protocol (RTP) to stream the requested content to the multimedia streaming 

application launched on the mobile device 100. In this embodiment, the application server 106 is part of a core 

network 108, which is an IP Multimedia Services (IMS) network responsible for session control and Quality 

of Service (QoS) management of ongoing application sessions. Alternately, the application server 106 is 

located outside of the core network 108, whereby the core network 108 connects to the application server 106 

via the Internet 110. In embodiments where the IMS core network 108 is not implemented, the application 

server 106 may be part of one of the access networks 102, 104, for example, or it may connect to the access 

networks 102, 104 via the Internet 110.

[0014] As illustrated in FIG. 1, the access networks 102, 104 interface with the mobile device 100 in 

accordance with a network interface specification 112. Preferably, the network interface specification 112 

complies with one or more wireless access standards, each having corresponding data handling capabilities, 

such as average and maximum uplink/downlink throughput speeds. In embodiments, the wireless network 

standards include CDMA 2000 1X, 1xEV-DO, 1xEV-DV, EDGE, and HSPDA network technologies, or 

combinations thereof In order to launch the application 106, the mobile device 100 typically accesses its home 

network 102. However, when the access network 102 is not available, such as when the mobile device 100 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

travels outside of its home coverage area, the mobile device 100 is capable of launching the application 106 

via a roaming network 104.

[0015] Turning to FIG. 2, embodiments of the mobile device 200 and networks 214, 220 are provided in 

accordance with an embodiment of the present invention, wherein the mobile device 200 controls access to 

one or more applications 202-206 based on access conditions associated with the access networks 214, 220. 

The mobile device 200 is capable of launching one or more applications 202-206 from its memory. The 

applications 202-206 include multimedia, voice, email, instant messaging, text messaging, firmware update, or 

any other applications or services requiring access to the home network 214 or roaming network 220 to 

establish an application session. In the illustrated embodiment, the memory of the mobile device 200 includes 

a Firmware Update Over the Air (FOTA) application 202, a Voice over IP (VoIP) application 204, and a video 

streaming application 206.

[0016] To prevent one or more applications or services 202-206 from running when the access conditions are 

not suitable, the memory of the mobile device 200 includes a policy or application access database 212, which 

is used to store a list of access conditions that are inappropriate for launching the applications 202-206. 

Specifically, the access conditions are based on the type of the current access network used by the mobile 

device 200 for launching or maintaining the requested application session 202-206. For example, the access 

conditions may indicate whether the mobile device is currently accessing its home network 214 or roaming on 

the network 220. Similarly, the access conditions may indicate the type of network access interface or standard 

used by the current network 214, 220 to provide data connection necessary to run the application 202-206. The 

following table illustrates an example of the policy database 212 having a list of applications and 

corresponding access conditions, which in this embodiment are designated as inappropriate for allowing 

access to the listed applications or services.

[0017] Alternatively, the database 212 may contain a list of application/access condition pairs under which 

access to the requested applications or services is allowed. In embodiments, the policy database 212 includes 

application types, such as “video streaming” and/or associated application names, such as “Windows Media 

Player,” for example. As illustrated above, the policy database 212 correlates predetermined actions with 

current status of access conditions associated with a given application session. When the mobile device 200 

registers with an access network having a network access technology specification 222 with insufficient data 

handling capabilities for the requested application, the mobile device 200 is instructed to deny access to a 

data-intensive application or service specified in the database or lookup table 212. For example, the mobile 

device 200 is instructed to deny access to a video streaming or VoIP application session when the access 

conditions indicate that the mobile device 200 is currently using a CDMA 2000 1x network access technology. 

This avoids unnecessary use of network resources which, under current access conditions, are incapable of 

providing a satisfying user experience for the desired application. On the other hand, if the current access 

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4804
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

conditions do not match those in the policy database 212, such as when the mobile device 200 is registered 

with an EVDO access network, a user is granted full access to the desired video streaming or VoIP 

applications. Similarly, to avoid unwanted roaming charges, the policy database 212 includes instructions to 

suspend any scheduled firmware updates via a FOTA application until the mobile device 200 returns to the 

home network 214.

[0018] Preferably, the policy database 212 is populated by a network provider using conventional Over the Air 

Device Management (OTA DM) technology to provide the network operator with full control over the 

contents of the database 212. In an embodiment, the policy database 212 is centrally populated, distributed, 

and updated over the air for each mobile device 200 via a management console 218 connected to a device 

management server 216. The network provider may choose to distribute the policy database 212 according to 

different classes of mobile devices 200, wherein each device class designates the types of access networks 

accessible to the device 200, as well as the types of applications installed in its memory. The management 

console 218, as well as the device management server 216, are located within the home access network 214 or 

may be collocated with the network administration equipment at a network operations center (NOC) or at a 

mobile switching center (MSC), for example.

[0019] As further illustrated in FIG. 2, to gain access to the network resources, the application 202-206 

registers with an application manager 210. Specifically, when a user attempts to launch an application 202-

206, the application 202-206 supplies its name and/or type information to the application manager 210, which, 

in turn, receives an input of the monitored access conditions from the access network monitor 208. The 

application manager 210 queries the policy database 212 for the corresponding application/access condition 

entry and denies access to the application if a match is found. Otherwise, the mobile device 200 initiates the 

application session over the current access network 214, 220. In a further embodiment, the access network 

monitor 208 continues to report the changes in current access conditions during the application session to 

allow the application manager 210 to terminate the application when a change in the access conditions 

matches an entry in the policy database 212.

[0020] In this embodiment, the application manager 210 and the access network monitor 208 are implemented 

as Binary Runtime Environment for Wireless (BREW) software modules exposing standard interfaces for 

interaction with other software components of the mobile device 200 via an application programming interface 

(API). Other embodiments of the application manager 210 and access network monitor 208 include using a 

Java-based implementation capable of running on a plurality of mobile phone operating systems, such as 

Symbian, Windows Mobile Edition, or Palm, for example.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

[0021] Turning to FIG. 3, an embodiment of a method for controlling access to applications from a mobile 

device 200 is illustrated with reference to an exemplary message flow scenario. In step 300, the device 

management server 216 updates the policy database 212 when new applications or services are introduced by 

the network operator or pursuant to setting up a new customer account. In step 302, when the user requests to 

launch a video streaming application 206, the application 206 registers with the application manager 210 by 

providing it with its name and/or type information, such as “Windows Media Player”/“video streaming,” for 

example. This prompts the application manager 2 10 to request and receive the current access condition 

information from the access network monitor 208, steps 304-306. In this embodiment, the access condition 

information includes information regarding the current access network, such as roaming status and compatible 

network access technology. In steps 308-310, based on the received application information, the application 

manager 210 requests and receives one or more entries from the policy database 212 indicating which access 

conditions preclude the establishment of an application session for the application 206. In step 312, the 

application manager allows the user to launch the requested application if the current access conditions do not 

match any of the entries returned by the policy database 212 that require denial or suspension of access to the 

application. In this embodiment, upon establishment of the application session, the access network monitor 

208 continuously monitors any changes in the current access conditions. Therefore, when, in step 314, the 

access network monitor 208 detects a change in the access conditions, for example when the mobile device 

200 migrates from an EVDO to a CDMA 2000 1X access network overlay, it notifies the application manager 

210 accordingly. Since this change in the access conditions matches an entry received from the policy 

database 212 requiring denial of access to the application, the application manager 210, in step 316, sends an 

event to the application 206 ending the current application session by forcing it to quit.

See Figs. 1, 2 & 3. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

2. The wireless end-user device of claim 

1, wherein based on the differential traffic 

control policy the one or more processors 

selectively deny one or more Internet 

service activities by or on behalf of the 

particular application when the particular 

application is one of the first one or more 

applications, the classified wireless 

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

network is a WWAN type, and the 

particular application is classified as not 

interacting with the user in the device user 

interface foreground.

3. The wireless end-user device of claim 

2, wherein the one or more processors are 

further configured to override the 

selective denial of one or more Internet 

service activities by or on behalf of the 

particular application when the user has 

augmented the differential traffic control 

policy so as to indicate that Internet 

service activities are allowable when the 

classified wireless network is the WWAN 

type, and the particular application is 

classified as not interacting with the user 

in the device user interface foreground.

Abichandani anticipates and/or renders obvious claim 2. See supra claims 1, 2. 

In addition, Abichandani discloses this claim. See supra claims 1, 2. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

4. The wireless end-user device of claim 

2, wherein based on the differential traffic 

control policy the one or more processors 

selectively allow one or more Internet 

service activities by or on behalf of the 

particular application when the particular 

application is one of the first one or more 

applications, the classified wireless 

network is the WWAN type, and the 

particular application is classified as 

interacting with the user in the device user 

interface foreground.

Abichandani anticipates and/or renders obvious claim 2. See supra claims 1, 2. 

In addition, Abichandani discloses this claim. See supra claims 1, 2. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

5. The wireless end-user device of claim 

1, wherein based on the differential traffic 

control policy the one or more processors 

selectively allow one or more Internet 

service activities by or on behalf of a 

second particular application and/or 

service when the second particular 

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

application and/or service is one of the 

second one or more applications and/or 

services and the classified wireless 

network is the WWAN type.

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

6. The wireless end-user device of claim 

1, wherein the one or more processors are 

configured to classify that the particular

application is interacting with the user in 

the device user interface foreground when 

the user of the device is directly 

interacting with that application or 

perceiving any benefit from that 

application.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

7. The wireless end-user device of claim 

1, wherein the user interface is further to 

provide the user of the device with 

information regarding why the differential 

traffic control policy is applied to the 

particular application.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

8. The wireless end-user device of claim 

1, wherein the differential traffic control 

policy is part of a multimode profile 

having different policies for different ones 

of the network types.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

9. The wireless end-user device of claim 

8, wherein the one or more processors are 

further configured to select a traffic 

control policy from the multimode profile 

based at least in part on the classified 

wireless network type.

Abichandani anticipates and/or renders obvious claim 8. See supra claims 1, 8. 

In addition, Abichandani discloses this claim. See supra claims 1, 8. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

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Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

10. The wireless end-user device of claim 

9, wherein the one or more processors are 

further configured to, when the classified 

wireless network type is at least one type 

of WLAN, select the traffic control policy 

from the multimode profile based at least 

in part on a type of network connection 

from the WLAN to the Internet.

Abichandani anticipates and/or renders obvious claim 9. See supra claims 1, 9. 

In addition, Abichandani discloses this claim. See supra claims 1, 9. 

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

11. The wireless end-user device of claim 

1, wherein the plurality of network types 

include three or more of 2G, 3G, 4G, 

home, roaming, and WiFi.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

12. The wireless end-user device of claim 

1, the one or more processors further 

configured to receive an update to at least 

a portion of the differential traffic control 

policy list from a network element.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

13. The wireless end-user device of claim 

1, wherein the plurality of network types 

include a roaming WWAN type and a 

home WWAN type, and the one or more 

processors are to apply the differential 

traffic control policy to one of but not 

both of the roaming WWAN type and the 

home WWAN type.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

14. The wireless end-user device of claim 

1, wherein the plurality of network types 

include the WWAN type and a WLAN 

type, and the one or more processors are 

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

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4809
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

to apply the differential traffic control 

policy to one of but not both of the 

WWAN type and the WLAN type.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

15. The wireless end-user device of claim 

1, wherein the one or more processors are 

further configured to dynamically change 

the application of the differential traffic 

control policy based on a power state of 

the device.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

16. The wireless end-user device of claim 

1, wherein the one or more processors are 

further configured to dynamically change 

the application of the differential traffic 

control policy based on a device usage 

state.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

17. The wireless end-user device of claim 

1, wherein the one or more processors are 

further configured to dynamically change 

the application of the differential traffic 

control policy based on power control 

state changes for one or more of the 

modems.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

18. The wireless end-user device of claim 

1, wherein the differential traffic control 

policy defines that the first one or more 

applications can only access a first one of 

the network types during particular time 

windows.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

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4810
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

19. The wireless end-user device of claim 

1, wherein the one or more processors are 

configured to classify that the particular 

application is interacting with the user in 

the device user interface foreground based 

on a state of user interface priority for the 

application.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

20. The wireless end-user device of claim 

1, wherein the second one or more 

applications are not subject to a 

differential network access control that is 

applicable to the first one or more 

applications.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

21. The wireless end-user device of claim 

1, wherein the one or more processors are 

further configured to classify between: 

user applications; system applications, 

utilities, functions, or processes; and 

operating system application, utilities, 

functions, or processes.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

22. The wireless end-user device of claim 

1, wherein the second one or more 

applications or services comprises 

foreground services.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

23. The wireless end-user device of claim 

1, wherein selectively deny comprises 

intermittently block when the one or more 

Internet service activities are requested 

during selected time windows.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

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4811
Exhibit D-1 – Invalidity of U.S. Patent No. 9,215,613 in view of Abichandani

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

24. The wireless end-user device of claim 

1, wherein the one or more processors are 

configured to prevent the first one or 

more applications from changing the 

power state of at least one of the modems, 

and to not prevent the second one or more 

applications from changing the power 

state of the same modem or modems.

Abichandani anticipates and/or renders obvious claim 1. See supra claim 1. 

In addition, Abichandani discloses this claim. See supra claim 1.

To the extent Abichandani does not explicitly and/or inherently disclose this element, it would have been 

obvious in view of the knowledge of a person of ordinary skill in the art in light of Abichandani alone or it 

would have been obvious to combine Abichandani with one or more prior art references charted in these 

Invalidity Contentions or identified in the cover document to which this chart is attached.

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4812