Patent ID: 8023981

Claim:
A method for adaptively originating a communication over a communication network, comprising: receiving, from a user at an originating mobile device, a communication activation request that requests set-up of a communication session; checking, responsive to the received communication activation request, a network utilization indicator; transmitting, to a remote server, a network resource request configured to request network resources for the communication session; and determining whether to transmit a communication origination request to request set-up of the communication session by the remote server in conjunction with the network resource request based upon a rule in accordance with the network utilization indicator; wherein the determining step includes: verifying, prior to the transmitting step, whether a data channel is already established to the remote server; if a data channel is verified as already established to the remote server, verifying that the data channel is not established with a network resource allocation exceeding a given level; and if the data channel is verified as not established with a network resource allocation exceeding a given level, checking the network utilization indicator.