Patent ID: 7545745

Claim:
A method for improved quality of service of voice and data calls in a packet network, said network adapted to transmit voice and data packets, said method comprising: transmitting a first data packet; taking a plurality of measurements of at least a first unconstrained upstream data bandwidth available in said network; estimating a second unconstrained upstream data bandwidth as a function of said plurality of measurements; determining a voice upstream bandwidth; and delaying the transmission of a second data packet transmitted after said first data packet, said delay a function of the size of at least one of said first data packet and said second data packet and a function of said second unconstrained upstream data bandwidth and said voice upstream bandwidth, wherein said delay T between said first data packet and said second data packet is calculated by the equation T = 8 ⁢ L X * ( U - V ) where L is the size of the preceding packet including overhead and payload (in bytes); U is the unconstrained upstream bandwidth (in Kbps); V is the upstream bandwidth used by voice calls (in Kbps); and X is a variable selected to constrain the upstream data bandwidth.