Invalidity dossier

US 6826405

Current assignee: Padcom, Inc.

Added 9/27/2026, 6:24:10 PM

At a glanceNo PTAB challenges1 lawsuit on fileasserted by Padcom, Inc.Wireless Technologies

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

I'll search for the specific patent number and any 2026 CAFC activity. I'll rely on the authoritative full text provided in the prompt where it conflicts with secondary sources.

Let me try more targeted searches for the patent and any litigation.

I have solid litigation context. Let me try to retrieve the actual claim text, since the provided full text was truncated before the claims.

I hit the tool-call limit mid-research, so the following is what I could establish. I flag confidence levels explicitly rather than filling gaps.


1. Bibliographic identification (authoritative — from the USPTO-format full text supplied at the top of this thread)

Field Value
Patent number US 6,826,405 B2
Title Apparatus and method for intelligent routing of data between a remote device and a host system
Application no. 10/164,581 (filed 2002-06-10)
Issue date 2004-11-30
Priority date 1995-06-01 (earliest priority claimed from US 08/456,860)
Inventors William Doviak; David L. Whitmore; Flex Houvig
Original assignee Padcom, Inc.
Current assignee (per Google Patents, "may be inaccurate") Mobile Sonic Intermediate Inc / NetMotion Wireless Holdings Inc / Mobile Sonic Inc
Status Expired – Lifetime; adjusted expiration 2016-05-13
Pre-grant pub. US 2003/0017845 A1 (2003-01-23)
Primary CPC H04W 28/06; H04L 12/5692 (selection among different networks); H04L 45/851; H04L 67/565; H04W 48/18; H04W 40/02; H04L 69/08; H04L 69/18

Name-spelling caution (literal-ID rule): the patent page renders the third inventor as "Flex Houvig." Court records from the Padcom v. NetMotion litigation refer to a "Houvig Deposition" for inventor "Flex Houvig." I am reporting both spellings as they appear and not auto-correcting either.

Family note: the '405 patent is a continuation-family member rooted in US 08/456,860, which issued as US 5,717,737 ("Apparatus and method for transparent wireless communication between a remote device and a host system"). Later family members include US 2005/0002419, US 2006/0187956, US 7,602,782, US 9,590,996, and US 9,894,514.


2. Abstract

Low confidence on verbatim wording. The full-text dump I retrieved did not surface the abstract field verbatim — it began with the "Definitions" extraction and the description. I will not fabricate it. Based on the specification's own framing, the disclosure is directed to:

Transporting data through dissimilar communications media — wireless data links, wired data links, or combinations thereof — selected based upon a set of preference metrics, between a remote mobile or fixed terminal device and a host system, such that the routing is transparent to the remote device, the host network, and the end user.

That is the substance of the invention as claimed and described; treat it as a paraphrase, not a quotation.


3. Plain-language overview of the independent claims

Important caveat: the Google Patents full text I was given is truncated immediately before the numbered claims (it ends mid-sentence at Fig. 27/28 discussion). So I cannot quote claim text verbatim. However, the specification's "aspects of the invention" section maps directly onto the independent claims, and the Padcom v. NetMotion Markman opinion independently confirms which claims exist and what key limitations they carry. Cross-referencing the two gives the following (confidence: medium-high on substance, medium on exact claim numbering).

The claim set is large — at least 71 claims (claim 71 was asserted in litigation). Independent claims fall into these families:

(a) Transport apparatus (remote device ↔ host network). A mobile data controller attached to the remote device and the wireless link, containing remote data conversion means that convert data between the remote device's transmission format and the wireless link's transmission format; plus network interface means on the host side containing wireless link conversion means and host network conversion means. The formats (remote device, wireless link, network interface, host network) are dissimilar/incompatible, and the network interface means is described as a network protocol-appropriate communications controller logically residing on the host network. Family also includes a corresponding method of transporting data from a mobile device to a host network, and an embodiment with multiple network interface means joined by a local network with synchronization means for routing tables and health/status.

(b) Multi-network transport apparatus. Apparatus for transporting data over a plurality of incompatible networks between a first and second device, comprising: means for determining network selection criteria; a selection system that dynamically selects a network per those criteria; and a switching system that switches to the selected network. The transport is transparent to both endpoint devices and to the end user, uses protocols that may include IP and "transparent protocol," and the switching occurs between consecutive data packets.

(c) Dynamic-routing method family (priority-based). A method for dynamically routing data over multiple dissimilar parallel wireless networks, each monitored for status: maintain a priority for each network (indicating the most preferred path); determine availability of each from status info; indicate the current most preferred network among available ones based on priorities; switch from the current network to the current most preferred network during a transmission; and remain connected to the former network for a period of time after switching. Litigation confirms this "remaining connected… for a period of time after switching" limitation in claims 18, 19, 22, 23, 39, 44 and 71, and the "remaining connected to both the first and second network for a period of time" variant in claims 39 and 44.

(d) Computer-readable medium claims. A CRM storing a program for dynamic routing over dissimilar parallel wireless networks, with code segments for: priority maintenance; availability determination from status info; indicating the current most preferred network; and switching from a current network dissimilar at the link layer to the most preferred network during a transmission while remaining connected afterward. A second, distinct CRM claim recites availability determination plus a determining code segment that decides whether to switch based on a user configuration AND each network's speed, then switches while remaining connected to both networks.

(e) Router claim. A router with a priority system, multiple transmitters each operating with one of the wireless networks, a determining system for availability, an indicator for the current most preferred network, and a switch that switches during a transmission while remaining connected to the prior network.

(f) Speed-based method variants. A method that ascertains availability of at least two networks, decides whether to switch in response to a user configuration and each network's speed, switches, stops transmitting over the first network, and remains connected to the first network for a period. A sibling method identifies the most preferred network based on the speed of each available network. Yet another recites checking whether a previous network is available and whether a next network is available when the previous is unavailable or lower priority than the current.

(g) Mobile system claim. A local device (e.g., a database server application on a LAN), a server connected to the local device and to multiple incompatible wireless networks, and a mobile device with multiple transmitters and a client application letting a remote user send/retrieve data from the database server application; the mobile device sends data via at least two incompatible networks while switching between them and remains connected to the at least two networks for a period after switching.

(h) Field-service / GSM CRM claim. A CRM for switching between dissimilar wireless networks where at least one is a GSM network connected between a server and a mobile device; code segments that periodically check network status and transmit an updated job status via the server to the local device to inform a dispatcher of field-service personnel locations, over at least two dissimilar networks while switching when the second is faster and higher priority, with the mobile remaining connected afterward.

Claim 68 is a litigated independent claim that requires sending data through two networks while switching between them and remaining connected to the at least two incompatible wireless networks for a period of time after switching — and, notably, is the only asserted claim lacking a "transmitting while switching" limitation.


4. Litigation status — including the CAFC 2026 question

No 2026 Federal Circuit activity involving US 6,826,405 was found. My targeted CAFC/2026 searches returned only unrelated 2026 appeals (Spero v. Volkswagen, DSS v. Nichia, AudienceScience v. Google, Gamevice/Nintendo, Taction v. Apple, etc.). Nothing name-checked 6,826,405, Padcom, NetMotion, or Mobile Sonic. Given the patent expired 2016-05-13, a live 2026 appeal would be unusual. Confidence: moderate — absence of search hits is not proof of absence, and I could not query PACER/CAFC dockets directly.

What the record does show:

  • Padcom, Inc. v. NetMotion Wireless, Inc., D. Del. (Civil Action No. 03-983). Padcom asserted US 6,418,324; US 6,198,920; and US 6,826,405. Asserted '405 claims per the Markman opinion (2006-02-22): 18, 19, 22, 23, 39, 44, 68, 71.
  • Reported claim constructions: all asserted claims except claim 68 share a commonly construed "transmitting while switching" limitation; the "remaining connected" limitations were construed together.
  • Jury verdict, March 28, 2006 — validity upheld and NetMotion's "Mobility" software found infringing the '324 and '405 patents (per Japanese IP firm NGB's case report). Damages were set for a later 2006 proceeding.
  • Stipulated Entry of Final Judgment, July 12, 2006, in favor of Padcom (case closed).
  • A separate Padcom declaratory judgment action, Dec. 28, 2005, challenged a then-newly-issued NetMotion patent as invalid, unenforceable, and not infringed.
  • Google Patents flags the family as having litigation (Darts-ip family 25462463).

Earlier Padcom v. NetMotion motion papers also show NetMotion moved for summary judgment of invalidity of the '405 under both § 102/§ 103 and § 112 in October 2005.


5. Explicit uncertainties

  1. Verbatim abstract and verbatim claim text were not retrieved. The full-text feed cut off before the claims; my independent-claim summaries are grounded in the specification's enumerated aspects plus the litigated claim limitations from the Markman opinion, not in quoted claim language.
  2. Exact independent-claim numbering is not confirmed except where litigation confirms it (18, 19, 22, 23, 39, 44, 68, 71). Claims 19, 23 and 44 may be dependents rather than independents; I could not verify.
  3. No confirmation of any USPTO post-grant proceeding (IPR/PGR/CBM) against the '405 patent. Expedited examination, IPR, or reexam certificates would need a direct PTAB/USPTO PatentCenter query.
  4. Assignee chain as displayed by Google Patents (Mobile Sonic Intermediate Inc; NetMotion Wireless Holdings Inc; Mobile Sonic Inc) comes with Google's own disclaimer that it "may be inaccurate." The reassignment record shows Padcom, Inc. → Padcom Holdings, Inc. (2006) → NetMotion Wireless Holdings, Inc. (2013) → Mobile Sonic Intermediate, Inc. (2022) → Mobile Sonic, Inc. (2022).
  5. Tooling limitation: I did not have direct USPTO PatentCenter/PAIR or PACER access; results are from live web search of the Google Patents full text and secondary/litigation sources.

Generated 9/27/2026, 7:03:07 PM

Cases on file (1)

Group view →

Specific litigation cases in our database that name US patent 6826405. The free-form analysis below may also discuss cases beyond this list.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll research litigation involving US Patent 6826405 specifically. Let me search multiple sources.

Let me dig deeper into the specific cases and any additional suits.

Let me check for any other defendants/cases involving this patent and any CAFC appeals.

Summary of findings

I searched for litigation specifically naming US Patent 6,826,405 (Doviak et al., "Apparatus and method for intelligent routing of data between a remote device and a host system," filed 2002‑06‑10, issued 2004‑11‑30, original assignee Padcom Inc.). Note: the disputed '405 patent is a continuation of the '324 patent, and litigation surfaces almost exclusively as part of the broader Padcom v. NetMotion case in which the '405 was one of three asserted patents. I found one district-court case in which the '405 patent was actually asserted, plus two related cases that did not assert it.


Case 1 — The only case in which the '405 patent was asserted

Padcom, Inc. v. NetMotion Wireless, Inc.

  • Plaintiff(s): Padcom, Inc. (later Padcom Holdings, Inc.)
  • Defendant(s): NetMotion Wireless, Inc. (also styled "et al." on some docket entries)
  • Jurisdiction / Court: U.S. District Court for the District of Delaware; Judge Sue L. Robinson
  • Case No.: 03‑983‑SLR (Civil Action No. 03‑983)
  • Filing date: October 27, 2003 (original complaint asserting U.S. Pat. Nos. 6,198,920 and 6,418,324 only)
  • '405 added: By first amended complaint, which the Feb. 22, 2006 opinion records as filed June 9, 2004 (D.I. 44); second amended complaint Jan. 5, 2005 (D.I. 89). (Flagging an internal inconsistency in the sources: the '405 patent did not issue until Nov. 30, 2004, yet the opinion attributes its addition to a June 9, 2004 pleading. I am reporting the dates literally as they appear rather than "correcting" them.)
  • Asserted '405 claims: Claims 18, 19, 22, 23, 39, 44, 68 and 71 (per Padcom, Inc. v. NetMotion Wireless, Inc., 418 F. Supp. 2d 589 (D. Del. 2006))
  • Procedural history / outcome:

Note on family litigation flag: Google Patents shows a "Family has litigation" indicator for this family (Darts‑ip family 25462463), consistent with the Padcom v. NetMotion litigation above — https://patents.google.com/patent/[US6826405](/patent/US6826405)/en


Case 2 — Related, but did NOT assert the '405 patent (declaratory judgment)

Padcom, Inc. v. NetMotion Wireless, Inc. (second, DJ action)

  • Filed: December 28, 2005, U.S. District Court for the District of Delaware
  • Subject: Declaratory judgment that a recently issued patent assigned to NetMotion is invalid, unenforceable and not infringed by Padcom. This action concerns a NetMotion-owned patent — not US 6,826,405 — but it arose directly out of the same dispute and is captioned identically to Case 1.
  • Source: https://www.lightreading.com/business-management/padcom-files-patent-suit

Case 3 — Related, but did NOT assert the '405 patent

NetMotion Wireless, Inc. v. Padcom, Inc.

  • Court / Case No.: Superior Court of the State of Washington, King County, removed to the U.S. District Court for the Western District of Washington — 04‑cv‑622‑JCC (W.D. Wash. 2004)
  • Filed: 2004 (removed March 24, 2004)
  • Claim: Tortious interference with NetMotion's contracts and business expectancies — a counter-maneuver to Case 1, not a patent infringement action on the '405.
  • Source: D. Del. 03‑983 record (https://www.archive.org/download/gov.uscourts.ded.8690/gov.uscourts.ded.8690.370.1.pdf)

Caveats and limitations of this search

  1. No litigation on the '405 patent apart from Padcom v. NetMotion (03‑983‑SLR) was located. I found no post‑2006 assertion of the '405 patent by NetMotion Wireless, NetMotion Software, or the current owner, Mobile Sonic, Inc., and no PTAB/IPR or CAFC proceeding directed specifically at US 6,826,405.
  2. Patent litigation dockets are not fully public/free (PACER is paywalled and Unified Patents' public case portal generally covers only NPE-filed suits). My search therefore may under-identify old or short-lived suits, or suits that do not use "6,826,405"/"6826405"/"Padcom" in indexable text.
  3. Under the strict rules you set, I have not corrected any patent numbers or dates appearing in the sources, even where they appear internally inconsistent (e.g., the June 9, 2004/'405 issue-date discrepancy noted above). Treat all identifiers as quoted from the listed sources.
  4. Because "this patent" in your query is the '405, I have excluded the extensive Padcom v. NetMotion litigation strands that involved only the '920 and '324 patents except where needed to describe the same case.

Generated 9/27/2026, 7:03:01 PM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

Current assignee: Padcom, Inc.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll verify the ODP "no proceedings" result against web sources before writing.

Let me dig deeper on any post-grant challenges or litigation-related PTAB activity for this specific patent.

Let me check for later IPRs on the Padcom/NetMotion family and any reexamination history for this patent.

Verification note (read first)

The structured block in this prompt is the canonical source, and it reports no AIA trial proceedings on US 6,826,405 in the USPTO Open Data Portal. I ran independent searches to try to falsify that, specifically looking for IPR/PGR/CBM numbers naming the '405 patent, Padcom, or Padcom's successors (Padcom Holdings → NetMotion Wireless Holdings → Mobile Sonic). I found none. No proceeding numbers are invented below; where I have no docket number, I say so.

Search hits that look relevant but are not: the IPR2025-00516 petition and IPR2025-00372 petition text that surfaced in searches concern U.S. 7,266,682 and U.S. 9,917,563 — different patents owned by different parties. Do not import those outcomes here.


Proceedings overview

Total AIA trial proceedings on US 6,826,405: 0 (zero). No IPRs, no PGRs, no CBM reviews — therefore no claims canceled, none sustained in a final written decision, none settled, and no institution denials. The defensive posture this gives a defendant is unusual and, frankly, better than a "hardened patent": the '405 has never been through an AIA validity trial at all, and its statutory term expired on 2016-05-13, so the real defense is expiration + the six-year damages lookback under 35 U.S.C. § 286, not PTAB outcomes. The only adjudicated validity record is a 2006 Delaware jury verdict and bench rulings sustaining the patent — a record that is 20 years stale, not binding on you, and built on a pre-KSR, pre-AIA claim-construction framework.

Why the absence is explicable (and what it is not)

  • The patent was filed 2002-06-10 (App. No. 10/164,581), granted 2004-11-30, priority 1995-06-01 from US 08/456,860 (US 5,717,737). It was asserted in Padcom, Inc. v. NetMotion Wireless, Inc., D. Del. No. 03-983 — a case that went to jury verdict on 2006-03-28 and to a stipulated final judgment on 2006-07-12. IPR and CBM review did not exist until 2012-09-16 (AIA § 6). So the entire commercial life of the '405 that mattered (2004–2006) predates AIA trials by design.
  • Google Patents shows adjusted expiration 2016-05-13 and legal status Expired – Lifetime. After that date, an IPR on the '405 was economically irrational for any target. That, not "the patent is invincible," is why the PTAB docket is empty.
  • One small flag: NetMotion-assigned family members (e.g., US 7,602,782, US 7,572,084) reference Junxion/Padcom product literature in their IDS files, which suggests validity contentions were served in some later dispute touching the family. I could not tie any such dispute to the '405 patent itself, and I have no docket number. Treat as unresolved, not as evidence of a proceeding.

Closest thing to a "proceeding": the 2003–2006 Delaware case (not a PTAB proceeding)

Because your output format presumes at least one proceeding, here is the only validity record that exists, clearly labeled for what it is.

PADCOM, INC. v. NETMOTION WIRELESS, INC. — D. Del. Civil Action No. 03-983 (Judge Sue L. Robinson)

  • Type: Article III patent infringement litigation — not an IPR, PGR, or CBM. No PTAB involvement of any kind.
  • Filed: 2003 (case number 03-983; complaint data not in the sources I reviewed).
  • Status: Closed — stipulated entry of final judgment in favor of Padcom and against NetMotion, 2006-07-12 (D.I. 512).
  • Judge panel: Judge Sue L. Robinson (D. Del.). No APJs.
  • Asserted claims of the '405: claims 18, 19, 22, 23, 39, 44 and 71, plus claim 68 (per the 2006-02-22 Markman memorandum).
  • Asserted grounds by NetMotion (as defendant): 35 U.S.C. § 102 anticipation (Project Octopus Thesis; BARWAN Article) and § 112 invalidity, raised by summary judgment rather than in a petition.
  • Key rulings:
    • 2006-02-22 — Markman Memorandum Order (D.I. 454). Relevant constructions: "dissimilar networks" = networks different at the data-link layer; "parallel networks" requires two common endpoints; "a transmission occurs while switching" = "the router redirects transmission of data or data packets from one network to another network, without disrupting or reinitiating the transmission, and sending the data or data packets over only one of the networks at a time." Claim 68 was treated separately (it recites sending data through two networks while switching).
    • 2006-02-22 — NetMotion's motion for summary judgment of invalidity under § 102 over the Project Octopus Thesis and BARWAN Article was denied (D.I. 453); the court found genuine issues of material fact, including whether BARWAN/Octopus ever keep two networks connected rather than merely powered-up/negotiating.
    • 2006-02-22 — paired summary-judgment orders on § 112 (D.I. 447/448/449 docket entries). I do not have the disposition text of the '405-specific § 112 motion; what is documented is that the case proceeded to trial on the '405, so the § 112 attack did not end the patent. Do not represent this as a holding of § 112 validity without pulling the opinion.
    • 2006-03-24/28 — jury charge (D.I. 485) and jury verdict (D.I. 486) finding the asserted claims valid and infringed by NetMotion's Mobility software.
  • Settlement / termination: Not a PTAB settlement — the case ended by stipulated final judgment for Padcom (2006-07-12). Terms not public in the sources reviewed. Padcom separately filed a DJ action against NetMotion on 2005-12-28 attacking a NetMotion-issued patent.
  • Appeal: None to the Federal Circuit that I can find on the '405; the judgment was stipulated, which typically forecloses appeal. (NetMotion publicly said after the verdict it had developed a non-infringing product.)
  • Defensive value today: Low. It is a 2006 jury verdict, not a PTAB FWD; it binds only Padcom and NetMotion; claim constructions predate KSR, Nautilus, Alice, and Phillips-at-the-PTAB; and NetMotion is now on the owner side of the family (NetMotion Wireless Holdings → Mobile Sonic). It tells you the patent owner has one trial win, not that the claims are clean.

What I checked that came back empty

Check Result
ODP "PTAB proceedings on file" block No AIA trial proceedings
Web search: "6826405" + IPR / CBM / PTAB No hits naming this patent in a trial proceeding
Web search: Padcom/NetMotion IPR numbers No IPR/CBM numbers for the '405
Ex parte reexamination of the '405 None found (the only reexam-adjacent hit, Control No. 95/001629, concerns US 7,714,705, a Road Weather/ITERIS patent — unrelated)
Federal Circuit appeal from any '405 validity ruling None found (I found no CAFC opinion citing the '405 as the patent on appeal)

Caveat per your instructions: ODP ingest can lag, and CBM pleadings from 2012–2020 are sometimes poorly indexed. I found no evidence of a lagging filing, but I cannot prove a negative beyond the sources searched.


Strategic summary

Claim status. There is no PTAB claim-status map for the '405 because there has never been a PTAB trial. Consequently no claim of the '405 has been canceled or held unpatentable, and no claim has been "sustained" in the AIA sense either. The distinction matters: a claim that an IPR petitioner failed to invalidate is hardened; a claim nobody ever petitioned against is merely untested. All of the '405's claims are untested at the PTAB. The only adjudicated claims are 18, 19, 22, 23, 39, 44, 68 and 71, which a 2006 Delaware jury found valid and infringed over that record.

Estoppel landscape. Because no IPR or PGR was ever instituted against the '405, § 315(e)(2) estoppel does not exist for anyone on this patent. There is no petitioner whose grounds are foreclosed, and correspondingly no free ride for you: you cannot piggyback on someone else's instituted trial, because there is none. Conversely, you are not boxed out of any art. Every prior-art ground you can find — the Project Octopus Thesis, the BARWAN Article, the Racotek/ARDIS/RAM Mobile Data/Motorola VRM-100 materials, and the large body of Padcom and NetMotion product literature that appears in the family's IDS files — remains available to you, unconstrained by any § 315(e) bar. The one real constraint is offensive claim preclusion/issue preclusion in favor of the NetMotion successor entities, but that is a party-specific defense that does not run to you as a stranger to the 2006 judgment.

Pattern signals. No serial petitioner. No repeat-patent-owner PTAB practice. No defensive aggregator appears in the chain — the recorded ownership trail is purely commercial: Padcom Inc. → PADCOM HOLDINGS, INC. (2006-09-06) → NETMOTION WIRELESS HOLDINGS, INC. (2013-04-03, change of name) → MOBILE SONIC INTERMEDIATE, INC. and MOBILE SONIC, INC. (2022-10-18 mergers). Security interests were recorded by Wells Fargo (2012) and Consortium Finance (2014) and released in October 2016 — which is consistent with the '405 coming to the end of its enforceable life right around its 2016-05-13 expiration and being used as collateral rather than as an assertion vehicle. The '405 has not attracted the IPR attention that a well-asserted patent normally does, and the most likely reason is expiration, not strength.


Recommended next steps

  1. Date-gate the demand letter before anything else. The '405 expired 2016-05-13. If the letter accuses conduct occurring on or after that date, the patent owner is asserting a claim that legally cannot be infringed. Ask for the accused-date range in writing. Damages on an expired patent are limited to the § 286 six-year lookback measured from the complaint's filing date, and only for pre-2016-05-13 conduct.
  2. If they rely on the 2006 verdict, dismantle the reliance. Cite the Markman constructions, not a PTAB record: PADCOM, Inc. v. NetMotion Wireless, Inc., 2006 Markman Memorandum Order (D. Del. 2006-02-22) (D.I. 454) — "dissimilar networks" requires data-link-layer difference; "parallel networks" requires two common endpoints both connected; "a transmission occurs while switching" requires redirection without disrupting or reinitiating the transmission while sending over only one network at a time. Non-infringement for modern multi-path/MPTCP-style or make-before-break implementations should be argued on those constructions. Primary source: D. Del. opinion page for 03-983; full opinion text via cetient and the IPMall Markman PDF.
  3. Do not plan around a PTAB defense, because none is available in practice. IPR/PGR are technically not barred by expiration, but no one petitions an expired patent, and the Board would not be your efficient forum. If you need an administrative invalidity vehicle, evaluate ex parte reexamination (35 U.S.C. § 302, available "at any time") with the Central Reexamination Unit — the Project Octopus Thesis and BARWAN Article are printed publications that were litigated but, per the summary-judgment record, never fully resolved by the court. Confirm CRU practice on expired patents before spending money.
  4. Preserve the "when did it expire" question. The Google Patents record shows adjusted expiration 2016-05-13 against a 1995 priority date and a 2002 filing date. If the owner claims a later expiration based on a continuation or a terminal-disclaimer/PTO-delay adjustment, demand the certified term calculation from Patent Center — that single date may dispose of the case.
  5. Watch for a lagging filing. Confirm directly in PTAB E2E and the Patent Center "Post-Grant" tab under the '405's application number 10/164,581 before you finalize any opinion. If something posts, re-run this analysis immediately — a newly instituted IPR would change the estoppel and stay calculus overnight.

Nothing above is invented: where the record is silent (e.g., the § 112 summary-judgment disposition, the total claim count of the '405, and whether any later dispute touched this specific patent), I have said so rather than filling the gap.

Generated 9/27/2026, 7:03:22 PM

Ownership chain (10)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. ? · recorded 2006-09-06 · Assignment

    Padcom, Inc.Padcom, Inc.

    internal reorg

  2. ? · recorded 2012-09-14 · Security Agreement

    NetMotion Wireless Holdings, Inc.; NetMotion Wireless, Inc.WELLS FARGO BANK, NATIONAL ASSOCIATION

    securitization

  3. ? · recorded 2013-04-03 · Change of Name

    Padcom, Inc.NetMotion Wireless Holdings, Inc.

    change of name only

  4. ? · recorded 2014-07-23 · Security Agreement

    Lumension Security, Inc.; NetMotion Wireless Holdings, Inc.; NetMotion Wireless, Inc.Consortium Finance, LLC

    securitization

  5. ? · recorded 2016-10-20 · Release

    WELLS FARGO BANK, NATIONAL ASSOCIATIONNetMotion Wireless Holdings, Inc.; NetMotion Wireless, Inc.

    securitization

  6. ? · recorded 2016-10-25 · Release

    Consortium Finance, LLCNetMotion Wireless, Inc.; Lumension Security, Inc.; NetMotion Wireless Holdings, Inc.

    securitization

  7. ? · recorded 2016-10-27 · Release

    WELLS FARGO BANK, NATIONAL ASSOCIATIONNetMotion Wireless Holdings, Inc.; NetMotion Wireless, Inc.

    securitization

  8. ? · recorded 2022-10-18 · Merger

    NetMotion Software, Inc.NetMotion Wireless Holdings, Inc.

    internal reorg

  9. ? · recorded 2022-10-18 · Merger

    NetMotion Wireless Holdings, Inc.Mobile Sonic Intermediate, Inc.

    internal reorg

  10. ? · recorded 2022-10-18 · Merger

    Mobile Sonic Intermediate, Inc.Mobile Sonic, Inc.

    internal reorg

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment record for US 6826405, drawing on the authoritative patent text provided and cross-checking with web sources.

Let me dig deeper into the corporate chain and the actual USPTO assignment records.

US 6826405 — Ownership & Assignment Reconstruction

Sourcing note (read first). The USPTO Assignment Center was not reachable as a live, queryable source in this session, and the authoritative Google Patents record supplied for this patent surfaces the legal-events view (assignee / assignor / conveyance text / event date) but not the reel/frame numbers, execution dates, or correspondents of record. Per the "don't fabricate" constraint, I am flagging those fields as not retrieved rather than inventing them. Every assignment below is grounded in the Google Patents legal-events list, which mirrors the USPTO assignment database; the conveyance strings ("PATENT SECURITY AGREEMENT," "CHANGE OF NAME," "MERGER," etc.) are quoted from that record. Reel/frame and correspondent columns must be verified directly at the Assignment Center before being relied on.


Inventors

Inventor Residence (per record) Employer at filing
William Doviak Pottstown, PA Padcom, Inc. (Bethlehem, PA)
David L. Whitmore Bethlehem, PA Padcom, Inc.
Flex Houvig not stated in the record Padcom, Inc.
  • The three inventors are named on the '405 patent; the 1995 parent, US 5,717,737 ("Apparatus and method for transparent wireless communication…"), names only Doviak and Whitmore, so Houvig was added on the 2002 continuation.
  • No departure pattern detected. All three were still aligned with Padcom during the litigation — the D. Del. record includes the Doviak Deposition (Apr. 12, 2005), the Whitmore Deposition (Mar. 21, 2005) and the Houvig Deposition (Mar. 28, 2005) as Padcom trial exhibits, i.e. the inventors were cooperating witnesses for the original assignee years after filing, not departees preceding a fire-sale.
  • Note the literal spelling "Flex Houvig" on the face of the patent and in the litigation docket ("Houvig Deposition … Inventor Flex Houvig"). Unusual given name, but it is consistent across two independent records, so it is not corrected here.
  • Employer attribution rests on the assignment to Padcom, Inc. and the inventors' participation as Padcom witnesses; I did not independently verify individual employment contracts.

Original assignee

PADCOM, Inc. (Bethlehem, Pennsylvania; Pennsylvania corporation), named on the issued patent and as original applicant on the 2002-06-10 filing.

  • Business: developer of wireless mobile-VPN connectivity software/hardware — the TotalRoam® product line (TotalRoam Mobile Virtual Network "MVN," TotalRoam Connect) and Remote Access Routers (6100/8100). Founded 1989 per the D. Del. opinion in Padcom, Inc. v. NetMotion Wireless, Inc., Civ. No. 03-983-SLR.
  • Shipped a product embodying the claims? Yes. Padcom litigated the '405 as a product patent; contemporaneous product literature ("TotalRoam; Technical Overview," "How TotalRoam Works," TotalRoam MVN) is cited on the face of related NetMotion/Padcom patents. Its largest customer was stated as Cox Communications.
  • Status: Private company; not public (no 10-K), so no SEC ownership trail. It merged with NetMotion Wireless, Inc. in June 2006 (announced June 14, 2006), with NetMotion the surviving brand — this is the trigger for the first recorded post-issuance transfer below. It did not enter bankruptcy in any record I located.

Assignment timeline

All entries derive from the Google Patents legal-events view. Execution dates, reel/frame numbers and correspondents were not retrievable in this session and are marked "not retrieved."

  • Recorded 2002-06-10 (execution n/a) — no assignment; original application filed by Padcom, Inc. (app. 10/164,581). Recorded here only as the chain's anchor.

    • Conveyance: n/a (original filing)
    • Assignor: n/a
    • Assignee: Padcom, Inc.
    • Correspondent: not retrieved (prosecution counsel of record for the family appears to be Greenblum & Bernstein, P.L.C., Reston, VA, per the related '737 and per Delaware-filing service copies; not confirmed as the assignment correspondent).
    • Context: original filing by the operating company.
  • Recorded 2006-09-06 (execution n/a) — Reel not retrieved

    • Conveyance: Assignment/Reassignment (Google label "reassignment"; underlying instrument likely an assignment or merger transfer)
    • Assignor: PADCOM INC.
    • Assignee: PADCOM HOLDINGS, INC.
    • Correspondent: not retrieved.
    • Context: corporate transfer immediately following the Padcom–NetMotion merger (announced June 14, 2006; litigation-ending) — internal reorg, not an arm's-length sale.
  • Recorded 2012-09-14 (execution n/a) — Reel not retrieved

    • Conveyance: PATENT SECURITY AGREEMENT
    • Assignor (grantors): NETMOTION WIRELESS HOLDINGS, INC.; NETMOTION WIRELESS, INC.
    • Assignee (secured party): WELLS FARGO BANK, NATIONAL ASSOCIATION
    • Correspondent: not retrieved.
    • Context: securitization — the patent pledged as collateral, not sold.
  • Recorded 2013-04-03 (execution n/a) — Reel not retrieved

    • Conveyance: CHANGE OF NAME
    • Assignor: PADCOM HOLDINGS, INC.
    • Assignee: NETMOTION WIRELESS HOLDINGS, INC.
    • Correspondent: not retrieved.
    • Context: change of name only — no change in beneficial ownership.
  • Recorded 2014-07-23 (execution n/a) — Reel not retrieved

    • Conveyance: PATENT SECURITY AGREEMENT (SECOND LIEN)
    • Assignor (grantors): LUMENSION SECURITY, INC.; NETMOTION WIRELESS HOLDINGS, INC.; NETMOTION WIRELESS, INC.
    • Assignee (secured party): CONSORTIUM FINANCE, LLC
    • Correspondent: not retrieved.
    • Context: securitization — second-lien collateral pledge; Lumension's presence as co-grantor indicates the NetMotion entities were then inside the Lumension corporate group.
  • Recorded 2016-10-20 (execution n/a) — Reel not retrieved

    • Conveyance: RELEASE OF SECURITY INTERESTS IN PATENTS
    • Assignor: WELLS FARGO BANK, NATIONAL ASSOCIATION
    • Assignee: NETMOTION WIRELESS, INC.; NETMOTION WIRELESS HOLDINGS, INC.
    • Correspondent: not retrieved.
    • Context: lien release — collateral returned to the NetMotion obligors (debt satisfied/replaced).
  • Recorded 2016-10-25 (execution n/a) — Reel not retrieved

    • Conveyance: RELEASE BY SECURED PARTY
    • Assignor: CONSORTIUM FINANCE, LLC
    • Assignee: NETMOTION WIRELESS, INC.; LUMENSION SECURITY, INC.; NETMOTION WIRELESS HOLDINGS, INC.
    • Correspondent: not retrieved.
    • Context: lien release — second-lien collateral discharged.
  • Recorded 2016-10-27 (execution n/a) — Reel not retrieved

    • Conveyance: RELEASE BY SECURED PARTY
    • Assignor: WELLS FARGO BANK, NATIONAL ASSOCIATION
    • Assignee: NETMOTION WIRELESS, INC.; NETMOTION WIRELESS HOLDINGS, INC.
    • Correspondent: not retrieved.
    • Context: lien release (clean-up of the 2012 filing).
  • Recorded 2022-10-18 (execution n/a) — Reel not retrieved

    • Conveyance: MERGER
    • Assignor: NETMOTION SOFTWARE, INC.
    • Assignee: NETMOTION WIRELESS HOLDINGS, INC.
    • Correspondent: not retrieved.
    • Context: internal reorg — first of a three-step same-day merger chain consolidating the NetMotion entities.
  • Recorded 2022-10-18 (execution n/a) — Reel not retrieved

    • Conveyance: MERGER
    • Assignor: NETMOTION WIRELESS HOLDINGS, INC.
    • Assignee: MOBILE SONIC INTERMEDIATE, INC.
    • Correspondent: not retrieved.
    • Context: internal reorg — second step.
  • Recorded 2022-10-18 (execution n/a) — Reel not retrieved

Related-family record (not confirmed to cover '405): Patent Assignment Reel/Frame 56739/0087, executed 2021-07-01, MUFG Union Bank, N.A. (assignor) → Mobile Sonic Intermediate, Inc.; NetMotion Wireless Holdings, Inc.; NetMotion Software, Inc. (assignees) — a release of security interest. This corroborates that the NetMotion patent family carried a bank lien into 2021 and that the "Mobile Sonic" names were already in use as NetMotion-family entities before the 2022 mergers. Because the '405 did not appear in the patent list supplied with that record, I flag it as corroborating context only.

Also on the face of the family: 2016-05-13 "Adjusted expiration" — the '405 term ran out 2016-05-13 (adjusted), and Google's status is "Expired – Lifetime." The patent has been unassertable since 2016.

Timeline diagram

timeline
    title Ownership of US 6826405
    1995 : Priority application filed by Padcom
    2002 : Continuation application filed by Padcom
    2003 : Suit filed against NetMotion
    2004 : Patent US 6826405 issued to Padcom
    2006 : Jury finds NetMotion infringes
         : Assets moved to Padcom Holdings
    2012 : Security agreement with Wells Fargo
    2013 : Renamed NetMotion Wireless Holdings
    2014 : Second lien security agreement
    2016 : Security interests released
         : Patent term expires
    2021 : NetMotion acquired by Absolute Software
    2022 : Merger into Mobile Sonic entities

NPE / troll-pattern signals

  1. Shell-entity transfer — not present. Every assignee in the chain is a corporate successor by merger or re-name (Padcom → Padcom Holdings → NetMotion Wireless Holdings → Mobile Sonic) per the 2006-09-06, 2013-04-03 and 2022-10-18 records. No "IP / Patents / Licensing / Ventures" suffix appears, and the assignee entities are operating mobile-VPN/security businesses with fielded products (TotalRoam, Mobility XE), not licensing shells. The only non-operating assignees are secured lenders (Wells Fargo, Consortium Finance), whose entries are expressly security agreements, not ownership transfers.

  2. Known asserter in the chain — not present. None of Padcom Inc., Padcom Holdings, NetMotion Wireless/Holdings, Lumension Security, Mobile Sonic, Wells Fargo or Consortium Finance appears on the comparison lists (Acacia, Marathon, IV, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, DGC, Spangenberg entities). The only plaintiff here is Padcom, the original operating assignee, suing a direct competitor (Padcom, Inc. v. NetMotion Wireless, Inc., D. Del. 03-983-SLR, filed Oct 26, 2003; jury verdict for Padcom Mar 28, 2006).

  3. Repeat correspondent — unclear (not assessable). Correspondent fields were not retrievable, so I cannot test recurrence within this chain or against Unified/RPX/Patent Progress lists. This signal should be re-run once the Assignment Center correspondents are pulled; the recurrence test is exactly what would detect a hidden common filer across the 2012/2014 lien filings and the 2022 merger chain.

  4. Cascading transfers — not present (as an NPE pattern). There are multiple transfers, but they are spread across 1995–2022 and are securitization/reorg events, not rapid pass-the-parcel. The one cluster (three mergers on a single day, 2022-10-18) is a simultaneous internal consolidation, and the patent was already expired (2016-05-13) by then — there is no assertion value in the 2022 transfers.

  5. Pre-litigation transfer — not present. The first suit asserting the family (03-983) was filed 2003-10-26, while the '405 application was still pending (filed 2002-06-10; issued 2004-11-30); the '405 was added to the case post-issuance. The nearest recorded transfer, the 2006-09-06 Padcom → Padcom Holdings assignment, occurs after the March 2006 verdict, not in the 6 months before suit. No clean-standing assignment was set up to enable assertion.

  6. Bankruptcy fire-sale — not present. No Chapter 7/11 event for Padcom or any chained entity appears in the records. Padcom's exit was a merger with the defendant it had just beaten (June 2006), which is the opposite of a bankruptcy sale.

  7. Privateering — not present. No operating-company-to-NPE transfer with an assertion agreement is evidenced; the '405 was asserted by its owner at the time, an operating vendor, against a market competitor.

  8. Defensive aggregator — not present. The chain does not terminate at RPX, AST, LOT, Unified or OIN; it terminates in a commercial operating group (Mobile Sonic / NetMotion family, acquired by Absolute Software in 2021 — see Absolute's FY2022 MDA describing the NetMotion acquisition and the $275M Benefit Street Partners term loan used to fund it).

Verdict

Operating-company assertion.

The '405 was owned and asserted by Padcom, Inc., an operating mobile-VPN vendor (TotalRoam product line), against its direct competitor NetMotion Wireless in D. Del. 03-983, resulting in a March 28, 2006 jury verdict of validity and infringement — a textbook operating-company assertion, not an NPE campaign. The only subsequent ownership events are benign: a merger-driven internal transfer (2006-09-06, Padcom → Padcom Holdings), a change of name only (2013-04-03, Padcom Holdings → NetMotion Wireless Holdings), two security agreements (2012-09-14 Wells Fargo; 2014-07-23 Consortium Finance) with matching releases (2016-10-20/25/27), and a same-day internal merger consolidation into the Mobile Sonic entities (2022-10-18) that occurred after the patent expired on 2016-05-13. Not one chain link is a shell-licensing transfer or a known-asserter appearance, and the privateering/fire-sale/defensive-aggregation signals are all negative — so the troll-pattern hypothesis is not supported by the record.

Caveat driving confidence: reel/frame numbers, execution dates and correspondents were not available in this session, so signal #3 (repeat correspondent) is unresolved and the verdict rests on conveyance types and entity identities rather than on the full recorded instruments. Re-verify at the Assignment Center before any enforcement/standing conclusion.

Verification links

Corroborating public-company / litigation sources

  • Padcom, Inc. v. NetMotion Wireless, Inc., D. Del. 03-983-SLR (Oct 26, 2003 filing; asserted '324, '920, and later '405).
  • Light Reading, "Padcom Files Patent Suit" (Dec 28, 2005) — names US 6,418,324 / 6,198,920 / 6,826,405.
  • "NetMotion, Padcom announce merger" and Dark Reading, "Mobile VPN Rivals Merge" (June 14, 2006).
  • Absolute Software Corp. FY2022 MD&A / Q1–Q2 FY2023 filings (NetMotion acquisition; Benefit Street Partners term loan).

Generated 9/27/2026, 7:03:40 PM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll search the USPTO and patent databases specifically for 6826405 and its cited references.

Let me get the patent's front page directly from the document images and FreePatentsOnline.

Prior-Art Analysis — US 6,826,405 B2 (Doviak, Whitmore, Houvig / Padcom)

Scope note up front. Your instruction was to pull the patent citations from the USPTO/USPTO-format record for 6826405 specifically — i.e., the "(56) References Cited" list printed on the face of the patent plus any PTO-892/IDF citations. I must be explicit about a tooling failure: I could not retrieve the face-of-patent (56) citation list, because (a) the full-text feed supplied at the top of this thread is truncated immediately before the claims and contains no front-page "(56)" block, and (b) my follow-up searches for the front page returned mostly false positives for the string "6826405" (a Lithuanian registry notice, a Brazilian municipal memo, a Spanish cadastral parcel number, a chemical catalog SKU, a State Street document control number). I filtered those out per your instruction not to accept similar-number hits. I hit my tool-call ceiling before I could reach the patentimages PDF / PatentCenter "Referenced By" view.

So this section is built from three verified sources — (1) the specification text supplied in this thread, which is authoritative; (2) the litigation record previously summarized in this thread; and (3) one live search snippet I flag as unverified. I do not manufacture the PTO (56) list.


A. Status of the face-of-patent "(56) References Cited" list

NOT RETRIEVED — flagged. Google Patents shows an active citation graph for this family (the patents.google.com/patent/US7853795 page carries a Patent Citations (97) table in which US6826405 appears as a cited document), and US6826405 is likewise cited forward by later patents (e.g., US 7,047,039 to Lalley, HP; US 7,479,968 / 7,480,551; US 2007/0206591). But the reverse (backward) list — what the examiner/applicant cited against the '405 — was not in any snippet I obtained.

One unverified candidate reproduction. A live search surfaced a Sierra Wireless MP215 manual page (https://sierra-wireless.manymanuals.it/networking/mp215/user-manual-25816) whose indexed text contains what looks like a patent front-page block beginning US006826405B2 followed by (56) ... DOCUMENTS and the entries:

I cannot confirm this is the '405's own (56) list. It may instead be the reference list of a different patent whose front page cites US006826405B2, or a patent listed in a product manual. Treat these four numbers as leads requiring verification at the patentimages/PatentCenter scan, not as established citations of the '405. If verified, all four are pre-1991 wireless/cellular-data references and would only be candidates against the broadest "wireless data link" claims, not against the priority/availability switching claims.


B. Prior art cited within the '405 specification itself (authoritative — from the supplied text)

These are the references the patent's own background section discusses by number and inventor. The supplied text gives no issue dates, so dates marked (unverified) are from my own knowledge and must be checked before being relied on.

# Full citation Date Brief description (as characterized in the '405 text) Potentially anticipatory claim family (§102)
B1 U.S. Pat. No. 5,412,375 — "WOOD" 1995-05-02 (unverified) System for selecting one of a plurality of interfaces to a single wireless communications system per the capabilities of the subscriber unit and base unit; a controller compares lists of air-interface capabilities. Air interfaces: AMPS, TDMA, CDMA. Only the "selection among a plurality of wireless interfaces" family. The '405 expressly distinguishes it: the routing decision is based on endpoint capabilities, not on preference metrics of the transporting networks, and the endpoints must be aware of the wireless environment. Not anticipatory of the priority/availability/speed-based dynamic-switching claims.
B2 U.S. Pat. No. 5,420,574 to ERICKSON et al. 1995-05-30 (unverified) Subscriber unit attached to a trunked mobile radio with data input; voice and data message formats over a wireless network via channels allocated by a trunked data controller; channel states and communication parameters set per the type of information. Candidate against claims reciting conversion between incompatible message formats and switching formats without endpoint intervention — but the '405 notes only a single data path is provided, and the incompatibility arises from message formats, not from independent incompatible networks. Weak on the multiple-network claims.
B3 U.S. Pat. No. 5,537,220 to EZUMI et al. 1996-07-16 (unverified) Portable facsimile apparatus communicating over a plurality of communications lines (telephone lines or a mobile communication unit); an NCU controller adjusts data rate and transmit/receive signal levels depending on which system is used. Weak. The '405 faults it for selecting only one single path to the exclusion of others based solely on which link is plugged into the NCU, and for not switching paths within a communication session — so it does not anticipate the connectionless/packet-environment switching claims. §103 background at most.
B4 U.S. Pat. No. 5,602,843 to GRAY 1997-02-11 (unverified) PBX-based integrated telecom system with a wired subsystem (wired terminals) and a wireless system (mobile terminals); a controller manages base stations, determines which base station is in communication with a handset, and directs packet-based information to it; a proximity sensor forwards messages to the wired terminal when a handset is near it. The '405's own objection: the alternate-routing technique "does not address transporting data between the same two endpoints" and gives no alternate-path routing for a terminal device through either the wireless or wired handset. Not anticipatory of the same-endpoint/multi-network claims.
B5 U.S. Pat. No. 5,452,471 to LEOPOLD et al. 1995-09-19 (unverified) Primary satellite communication system (widest coverage) plus subordinate terrestrial systems with decreasing coverage; the mobile subscriber unit is programmed to use the system with the smallest area of coverage (assumed higher capacity); orthogonal channels prevent interference. Closest of the cited set to a "most preferred network by priority" concept, since it embodies a designed preference rule. The '405 distinguishes it: the wireless frequencies must come from "a continuous, compatible set of frequencies", which prevents selection among inherently incompatible networks. Not anticipatory of the incompatibility-based claims.
B6 U.S. patent application Ser. No. 08/456,860, to DOVIAK et al. filed 1995-06-01 System in which a distant mobile or fixed terminal device transports data through a plurality of wireless networks to an endpoint that may or may not implement the same network protocol. The '405 states this system (i) does not automatically transmit through differing ones of a plurality of dissimilar networks in accordance with preference metrics to reach the data-link endpoints, and (ii) does not automatically provide redundant or alternate pathways. Important caveat: this is the '405's own priority root, not §102 prior art. It is the application from which priority is claimed and which issued as US 5,717,737. It supports the §120 chain and is internally cited as background; it cannot be a §102(b) reference against the '405. Flagged as a potential contradiction to resolve: the specification discusses 08/456,860 as a distinguished prior system while Google Patents lists it as the priority-claimed parent ("1995-06-01 Priority claimed from US08/456,860") — both are literally true, but the two roles should not be conflated.
B7 Non-patent literature: The TCP/IP Companion, Martin R. Arick, Wiley-QED, pp. 18–19 1993 (unverified) Cited solely to illustrate the OSI seven-layer model (physical → data link → network → transport → session → presentation → application) and the layered transport of data between heterogeneous systems. Not anticipatory of any claim; §102(b) printed publication but used as background/teaching aid.

C. Prior art actually relied on by the defendant in litigation (prosecution-quality §102 references)

This is the strongest, best-documented prior-art set for the '405, because it went through an adversarial validity fight:

Reference Where used Outcome Relevance to claims
The "Project Octopus Thesis" NetMotion's motion for summary judgment of invalidity of the '405 under 35 U.S.C. §102, D. Del. 03-983 Rejected — the court denied the motion; see Padcom, Inc. v. NetMotion Wireless, Inc., 418 F. Supp. 2d 589 (D. Del. Feb. 22, 2006) Treated as the primary single-reference §102 candidate against the asserted claims. Confidence: high that it was asserted and rejected; low on its technical content — I did not retrieve the thesis itself and will not characterize its disclosure.
The "BARWAN" Article Same motion Rejected with the Project Octopus Thesis BARWAN (Bay Area Research Wireless Access Network) work is the other principal §102 candidate. Do not treat as anticipatory — the court held it did not invalidate.
NetMotion's §103 theory (Oct. 2005) Summary judgment Not sustained; case resolved by jury verdict + stipulated judgment before appellate review Combination theory, not anticipation.
NetMotion's §112 theory (Oct. 2005) Summary judgment Not sustained Enablement/written-description/indefiniteness — not a prior-art ground; note that §112 cannot support a §102 anticipation mapping.

Net effect for your question: the only references that have been litigated as anticipatory art against the '405 are the Project Octopus Thesis and the BARWAN Article, and both failed at the summary-judgment stage. That is a meaningful negative signal for any §102 mapping you build from them.


D. Same-family / related-application references (handle with §102(e)/§103(c) care)

The '405 sits in a continuation chain. From the records retrieved:

  • US 5,717,737 — issued from 08/456,860 (priority root; see B6).
  • US 6,418,324 — issued from 08/932,532, the application to which US 10/164,581 (the '405's application) is a continuation. The live search returned: "US10/164,581 Continuation US6826405B2 … 'Apparatus and method for intelligent routing of data between a remote device and a host system.'"
  • Later family members: US 2005/0002419, US 2006/0187956, US 7,602,782, US 9,590,996, US 9,894,514.

These share the Padcom/Doviak inventive lineage, so they are not §102(b) art against the '405 in the ordinary sense; they are relevant only as §102(e) or §103 references subject to §103(c)/common-ownership disqualification. I flag this because a naive citation-list harvest often surfaces them as if they were third-party art.


E. The claim-mapping problem — stated plainly

You asked which claim(s) each reference "potentially anticipates under §102." I cannot give you claim-number-specific anticipation charts, because:

  1. The full text supplied in this thread ends mid-sentence in the Fig. 27/28 discussion — the numbered claims are not present. Citing a claim number for a reference would therefore be fabrication.
  2. The only claim numbers I can state with confidence are the litigated ones carried over from the earlier section of this analysis — 18, 19, 22, 23, 39, 44, 68, 71 — and those came from the Markman record, not from the claim text.

What I can do responsibly is map each reference to the independent-claim families established in the earlier section, at the limitation level:

Claim family (as established earlier in this analysis) Strongest cited §102 candidate Why it falls short
(a) Transparent transport apparatus/method with dissimilar remote/wireless/network/host formats B2 (Erickson) Single data path; incompatibility is of message formats, not independent networks
(b) Multi-network transport with selection criteria + dynamic selection + switching between consecutive packets None of B1–B6 B1 selects on endpoint capability; B5 selects within a compatible frequency set
(c) Priority + availability + "most preferred network" + switch during a transmission + remain connected for a period after switching B5 (Leopold) is the nearest No incompatibility; no "remain connected after switching" teaching
(d) CRM claims (priority/availability/switching; and the user-configuration + speed variant) None of B1–B6 The "user configuration AND each network's speed" determination appears to have no counterpart in the cited set
(e) Router with multiple transmitters, each operating with one of the wireless networks None of B1–B6 No multi-transmitter router in the cited art
(f) Speed-based method variants None of B1–B6 —
(g) Mobile system (LAN database server + server + mobile client over ≥2 incompatible networks, remaining connected to both after switching) None of B1–B6 —
(h) Field-service/GSM CRM (jobs, dispatcher, field-service personnel locations) None of B1–B6 —

Bottom line of the mapping: the specification-cited references (B1–B6) were deliberately distinguished by the applicant in the background, and each distinction tracks a real claim limitation. On this record, the priority/availability-based dynamic switching claims (family c, incl. litigated claims 18/19/22/23/39/44/71), the speed-based claims (f), the router claim (e), and the mobile-system/field-service claims (g)/(h) have no §102 match among the art I was able to retrieve. The realistic §102 exposure is confined to the broadest family-(a)/(b) claims, and even there the cited art is weak.


F. Explicit uncertainties (do not treat as settled)

  1. The (56) front-page citation list for 6826405 was not obtained. Any complete prior-art report must be built from the patentimages PDF front page or USPTO PatentCenter → "Referenced By / References Cited." My searches could not reach it before the tool-call limit.
  2. The Sierra Wireless MP215 snippet (O'Sullivan '281; Comroe '701; Freeburg '800; Gordon '184) is unverified as belonging to the '405's own reference list. Verify before citing.
  3. Issue dates for B1–B6 are from my training knowledge, not from a live source in this session, and are marked (unverified). The authoritative text supplied in this thread gives the reference numbers and inventors but no dates.
  4. Project Octopus Thesis and the BARWAN Article were not retrieved as documents; I only know from the D. Del. record that they were asserted under §102 and rejected. I deliberately do not describe their technical content.
  5. No PTAB/IPR/PGR/CBM proceeding against the '405 was located, and the patent is Expired – Lifetime (adjusted expiration 2016-05-13) — which means any §102 analysis is now of historical/validity-interest rather than live-infringement value.
  6. Patent numbers and dates are reproduced literally as they appear in the sources, including the previously flagged internal inconsistency (the '405 was added to the Delaware suit by a pleading dated June 9, 2004, yet the patent did not issue until November 30, 2004). I have not "corrected" any identifier per your standing rule.

Generated 9/27/2026, 7:03:55 PM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll ground this § 103 analysis in the prior art the '405 specification itself discusses (an applicant admission), and try to pull the Google Patents prior-art citation list plus the litigation-tested references. Running focused searches now.

Good — Wood, Leopold, and Gray are now grounded in primary text. Let me pull the remaining two admitted references and the litigation-tested prior art (Project Octopus / BARWAN).

Obviousness Analysis — US 6,826,405 B2 under 35 U.S.C. § 103

Cross-reference note: this builds on the three sections already generated (bibliographic, litigation, PTAB). I do not repeat their content. Two housekeeping flags before the analysis:

  • Date discrepancy. The system date is 2026-09-27; the task states April 26, 2026. I flag it rather than reconcile it; nothing in this analysis turns on the difference.
  • No contradiction found between the earlier sections and what I verified here. The Markman constructions quoted earlier (D. Del. 2006-02-22: "dissimilar networks" = data-link-layer different; a transmission "while switching" = redirection without disrupting/reinitiating, sending over only one network at a time) are consistent with the claim-family mapping I use below, and I rely on them.

1. Scope of the prior art actually available, and a caveat on sourcing

The Google Patents "Prior Art" block in my fetched text resolves only to keyword tags — network, data, format, wireless, networks — not to a citation list. I therefore grounded this analysis in the references the '405 specification itself discusses in its Background/Definitions (which are applicant admissions — the strongest possible evidentiary posture, because the patentee characterized them), plus the references surfaced in the earlier litigation section. Full-text retrievals succeeded for four of the five admitted references; I did not retrieve the text of Erickson US 5,420,574, so for that reference I rely on the '405's own description of it (also an admission) and flag it.

Ref. Identity (as verified this session) What I retrieved Status artifacts
Wood US 5,412,375, Motorola, "Method of selecting an air interface for communication in a communication system" Full text (PDF); FPO text (link) Granted 1995-05-02; filed 1993-09-27 (table in DE69628270T2) → pre-dates the 1995-06-01 priority
Erickson US 5,420,574 (as described in the '405 at ¶ "ERICKSON et al. system dynamically switches between incompatible message formats…") Not retrieved — characterization taken from the '405 Background Treat as medium confidence on content, high confidence that the '405 admits it
Leopold US 5,452,471, Motorola, "Network of hierarchical communication systems and method therefor" (Leopold, Vatt, Zancho) Full text (PDF); bibliographic via uspto.report — App. 08/237,422; granted 1995-09-19 Granted after the 1995-06-01 priority → only § 102(e)/§ 103 art via its US filing date unless family publication earlier
Ezumi US 5,537,220, Canon, "Facsimile apparatus capable of connecting to mobile communicator and public communication line" Abstract/spec via Google Patents; same-family EP 0 579 557 A1 text retrieved US grant 1996-07-16 (after priority) → § 102(e) via US filing; EP family publication is the better § 102(b) hook — verify date
Gray US 5,602,843, "Integrated wired and wireless telecommunications system" Full text (PDF); EveryPatent US grant 1997-02-11 (before the 2002 filing, after the 1995 priority) → § 102(e) via filing; exact filing date not verified
Arick The TCP/IP Companion, Wiley-QED, pp. 18–19 (cited by the '405 for the OSI 7-layer model) Not retrieved Non-patent literature; § 102(b) if published pre-1995 — verify
Octopus Thesis / BARWAN Article Asserted by NetMotion in the 2003–2006 D. Del. case Not retrieved this session § 102(b) only if pre-1995-06-01 publication — this is an open question

Robustness consequence: because my § 103 theory is built largely on the patentee's own admitted prior art (Wood, Erickson, Leopold, Ezumi, Gray, Arick), it does not depend on the contested Octopus/BARWAN dating at all. Where I invoke Octopus/BARWAN I say so explicitly.


2. Person of ordinary skill (POSITA)

Based on the '405's own hardware/software description (Z80-class processors, RS-232/Token-Ring/Ethernet interfaces, ISDN-like messaging, trunked radio protocols such as LTR/Motorola/EDACS) and the references' sophistication: a POSITA at the 1995 priority date would be a wireless data communications engineer with ~2–3 years' experience integrating mobile RF terminals into host networks, familiar with packet framing, modem/parameter adaptation, cellular/trucking multiple-access air interfaces (AMPS/TDMA/CDMA), and OSI layering. This matters: it is a POSITA who would read Wood, Gray, and Leopold together without prompting.


3. The legal frame

  • Pre-AIA § 103 governs — App. 10/164,581 filed 2002-06-10, priority to 1995-06-01. The flexible KSR analysis applies as an interpretation of pre-AIA § 103, so no rigid TSM requirement; MPEP 2143 rationales (predictable results; simple substitution; known technique improving a similar device; use of a known technique in a known environment; "obvious to try" over a finite set of identified, predictable solutions) are available.
  • The patentee supplies the problem statement, which is itself motivation. The '405 states that "known systems do not allow a customer to use existing RF wireless infrastructures… with only minor modifications," that "past attempts do not permit wireless data communications in a manner that is transparent to the remote device," and that these features "would be highly desirable." That is an admission of the long-felt need and design incentive driving the combination.
  • The patent admits routers are old — "routers which operate at the network level… make logical decisions about the pathway… based upon a variety of preference metrics," and even the "virtual router" formed by "two routers loosely-coupled through a protocol-neutral data-link." This admission is load-bearing for the router claim family.

4. What each admitted reference teaches, mapped to claim elements

Wood '375 — the selection/priority engine. Retrieved text shows: a controller 45 that "will select an air interface to be used based upon a comparison of the lists from the subscriber and the base"; a compatible-air-interface list that "may be rank ordered by some operator designated preference"; elimination of interfaces on subscriber-feature grounds (billing rate, authorization); and automatic fallback ("the controller first selecting air interface #3 and then #1, if #3 was rejected"). It also notes a dual-mode subscriber "would first attempt to access the CDMA system. Failing this… would attempt to access the AMPS system," and that networks "will also be dual, or multiple mode." It expressly invokes GSM ("GSM Recommendation 08.08, v3.10.1, §3.2.1").

Maps to: network selection criteria; priorities indicating a most preferred path; availability determination; dynamic selection among a plurality of incompatible networks; two classes of parameters (subscriber list + base list) — which the '405's Summary describes as its own "two classes of parameters."

Leopold '471 — preference-metric-driven preference among heterogeneous systems. Abstract/description: primary (satellite, widest coverage), secondary (terrestrial, smaller), tertiary (in-building, smallest); the "mobile subscriber unit is programmed to utilize the communication system having the smallest area of coverage," on the designed assumption that "the more subordinate the communication system is, the higher the capacity." Secondary systems monitor the primary to determine available channels.

Maps to: maintaining a priority of each wireless network where priorities indicate a most preferred path; determining availability from status information; indicating the current most preferred network. The '405's own criticism — that Leopold's systems "operate within one frequency spectrum" and use "orthogonal channels" — is a distinguishing argument, not a teaching away.

Gray '843 — the switching/during-transmission/remain-connected architecture. This is the most element-rich reference and the one the '405 under-addresses. Retrieved text shows:

  • Base stations act as multiplexers "forming a transparent encapsulation bridge connecting the data link layer between the handsets and the controller" — the transparency + format-bridging concept.
  • "The PBX controller regards the wireless devices as ordinary station sets"; "mobility controller as a virtual peripheral device controller"; "signaling between the two forms of controller is identical."
  • Hand-off is accomplished by "selecting two RF channels for any active base station"; "the active and standby channels can be on separate base stations"; the switch "must be accomplished in 50 ms or less"; and the controllers "have to coordinate the changing of the transmission path so that the user perceives no degradation in performance."
  • A proximity detector links the user's wired and wireless set in a "combined service," routing between the two media.
  • A common pool of transcoders converts compressed RF speech — i.e., a shared conversion resource.

Maps to: network interface means comprising a remote network controller logically residing on the host network and performing the functions of a network communication controller; making remote devices indistinguishable from locally attached devices; monitoring network availability; switching while a transmission is in progress; and — the best hook — remaining connected to the current network for a period of time after switching (active/standby dual-channel monitoring across separate base stations with coordinated, non-disruptive switchover), extended by Gray to two physically dissimilar media (wired set ↔ wireless handset).

Ezumi '220 — mobile-side media-dependent conversion. "Discrimination means for discriminating the type of the connected communication line; and control means for controlling… regulation means in accordance with the discrimination result"; the NCU adjusts data rate and transmit/receive signal levels per line type (mobile communicator vs. public line vs. acoustic coupler), "without involving any manual procedure."

Maps to: remote data conversion means converting between a device format and the link format for multiple dissimilar media; user transparency.

Erickson '574 (per the '405's own admission). A subscriber unit on a trunked mobile radio with a data input; voice and data message formats carried over the wireless network via a trunked data controller "connected to a host network"; "channel states and communication parameters are set in accordance with the type of information"; it "dynamically switches between incompatible message formats without the intervention of the endpoint devices."

Maps to: mobile data controller connected to the remote device and the wireless link; format conversion; endpoint transparency; host-side protocol-appropriate controller.


5. The § 103 combinations

Combination A — Transport apparatus/method (the mobile data controller + network interface families)

Erickson '574 + Gray '843, further in view of Ezumi '220.
Erickson supplies the mobile radio data terminal with format conversion and endpoint transparency; Gray supplies the host-side controller that makes wireless devices "ordinary station sets" with identical signaling and a transparent data-link-layer encapsulation bridge; Ezumi supplies line-type discrimination and automatic parameter conversion at the portable device. Result: the claimed four-way format chain (remote-device format → wireless-link format → network-interface format → host-network format) with incompatible formats.
Motivation: all three target the same problem (integrating RF terminals into a host network without endpoint awareness); Gray expressly states the transparency objective and its cost benefit ("minimize transcoders"); Ezumi states the no-manual-procedure objective. Combination is a predictable aggregation of known elements with known functions (MPEP 2143(I)).

Combination B — Multi-network dynamic selection and packet-boundary switching

Wood '375 + Leopold '471 + Gray '843, in view of Arick (OSI/packet switching).
Wood supplies selection among plural incompatible air interfaces by ranked preference with fallback; Leopold supplies preference-by-preference-metric (capacity/coverage) and availability monitoring; Gray supplies packet encapsulation and switch coordination; Arick supplies the layered heterogeneous-network/packet-switched context the '405's "switching… between the transport of consecutive data packets" presupposes.
Motivation: Wood states the need in terms — "there is a need to provide a method of matching and selecting the appropriate air interface"; Leopold supplies the capacity-maximizing design incentive; Gray supplies the "no perceived degradation" quality-of-service incentive. These are the classic design incentives, market forces, and known work rationales.

Combination C — Priority / availability / switch-during-transmission / remain-connected (the litigated claims 18, 19, 22, 23, 39, 44, 71)

Leopold '471 + Wood '375 + Gray '843.

  • Priority indicating a most preferred path: Wood's "rank ordered… operator designated preference"; Leopold's smallest-coverage/highest-capacity rule.
  • Availability from status information: Wood's base/subscriber capability comparison and rejection handling; Leopold's secondary systems "monitor the primary system to determine which channels… are available."
  • Switch during a transmission: Gray's sub-50 ms coordinated path change.
  • Remain connected for a period after switching: Gray's active + standby channel scheme across separate base stations, plus the wired/wireless "combined service" — i.e., the prior connection is deliberately held while the new one takes over.
    Motivation: avoid service interruption to a mobile data session; Gray's own express goal of imperceptible handoff; Wood's goal of not being "denied a call."

Combination D — CRM claims and the user-configuration + network-speed variants

Combination C + Wood's express "operator designated preference" + Wood's rate/quality comparison ("different rates are charged for different air interfaces… a higher quality interface") + Leopold's capacity-based preference.
A POSITA ranks available paths by speed/quality because the references themselves state throughput and cost as the selection bases; user configuration is taught by Wood's operator-designated ranking and subscriber feature file. Result is predictable.

Combination E — Router claim (multiple transmitters, one per network)

Wood '375 + Leopold '471 + the '405's admitted router background.
The specification concedes routers make "logical decisions about the pathway" on "preference metrics," and concedes the two-router "virtual router" over a protocol-neutral data link. Wood supplies the multi-interface controller; Leopold supplies the multi-system subscriber unit. Putting a multi-radio selection/router function on a mobile platform is the use of a known technique (preference-metric routing) on a known device (multimode mobile unit) ready for improvement, yielding a predictable result.

Combination F — Mobile system with database-server application + client application

Gray '843 + Wood/Leopold multi-transmitter mobile unit + conventional wireless client/server data access.
Gray already discloses the host controller treating wireless terminals as ordinary station sets and linking a user's wired and wireless sets in a combined service — the architectural prerequisite for an unmodified server-side application talking to a mobile client. Extending an existing LAN client/server application to field users is the '405's stated object. Caveat: I could not retrieve the Racotek/RAM Mobile Data/ARDIS materials flagged earlier as appearing in the family IDS files; treat that limb as a lead to verify, not a finding.

Combination G — GSM field-service/dispatch CRM claim

Combination C + Wood's express GSM teaching (GSM Rec. 08.08) + conventional wireless dispatch practice.
The GSM network element is squarely prior art via Wood. The remaining claim content (periodic status checks; job status transmitted to a dispatcher) is a business-context application of the same routing technique — KSR's "known technique applied to a known environment." This is the weakest family on specific reference support for the dispatch workflow.


6. Explicit motivation rationales (the requested element)

  1. Common field and analogous art — all references sit in mobile/wireless data communications and host-network integration.
  2. Same problem, articulated in the art — Wood's stated "need to provide a method of matching and selecting the appropriate air interface"; Gray's transparency-in-50-ms goal; Ezumi's no-manual-procedure goal.
  3. The patentee's own admission of the objective — "known systems do not allow a customer to use existing RF wireless infrastructures… with only minor modifications"; transparency "would be highly desirable."
  4. Design incentives / market forces — Wood's billing-rate-driven interface choice and capacity concerns; Leopold's capacity rationale.
  5. Predictable results / simple substitution — swapping a single-interface mobile unit for a multimode one; substituting a preference-metric ranker for a fixed priority.
  6. "Obvious to try" — a finite, identified set of candidate networks with a predictable ranking criterion (speed/coverage/cost).
  7. No teaching away — nothing in the references discourages multi-interface mobile units; Wood affirmatively predicts them ("subscriber units are being provided which will operate on both, or multiple, systems").

7. Candor: where the § 103 case is strong and where it is contestable

Strongest exposure (broadest claims):

  • Claim 68 is the most vulnerable. Per the earlier section, it is the only asserted claim lacking the "transmitting while switching" limitation; it recites sending data via two networks while switching between them and remaining connected to at least two afterward. Combination C's dual-channel/dual-media teaching (Gray) maps directly, without needing the "during a transmission" construction.
  • Selector/priority apparatus-and-method claims (Wood+Leopold) are close to a straight element-by-element mapping.

Hardest limitation, and the real battleground:

  • "Remaining connected to the current network for a period of time after switching" combined with "dissimilar at the link layer" / "incompatible networks." Gray's active/standby scheme is within one wireless subsystem (its own base stations); extrapolating it to a link-layer-different second network requires an inference. My best bridge is that Gray itself switches across dissimilar media (wired set ↔ wireless handset via the proximity detector and combined service), making the extension to two wireless networks a predictable rather than inventive step. But a patentee will argue this is exactly where the art runs out — and that argument is supported by the record: per the earlier section, the D. Del. court denied NetMotion's § 102 summary judgment because of genuine fact issues as to whether the Octopus/BARWAN references ever kept two networks connected rather than merely powered up. Expect the same factual fight on § 103.
  • Date risk. Leopold ('471) granted 1995-09-19, Ezumi ('220) granted 1996-07-16, and Gray ('843) granted 1997-02-11 — all after the 1995-06-01 priority date. To use them you must prove § 102(e) status as of their US filing dates (Leopold's App. 08/237,422 is the only filing identifier I verified) or rely on earlier family publications (Ezumi's EP 0 579 557 A1). This is a checkable, potentially dispositive gate.
  • The 2006 jury verdict does not foreclose this analysis. That verdict was a validity verdict on the then-presented record, under Markman constructions and pre-KSR law, and it binds only Padcom and NetMotion. A § 103 case is a different legal question from the § 102 anticipation theory the court actually adjudicated on summary judgment — obviousness does not require one reference to disclose every element.

8. Explicit uncertainties

  1. I did not retrieve verbatim claim text. As established earlier, the supplied full text truncates before the claims. My family-level mapping rests on the specification's enumerated aspects plus the litigated limitations (claims 18, 19, 22, 23, 39, 44, 68, 71). Do not treat any element-by-element mapping above as claim-language-verbatim.
  2. Erickson US 5,420,574 content is second-hand (from the '405's Background). Not independently verified this session.
  3. Filing/publication dates for Gray, Ezumi, and Arick were not verified; by contrast, Wood (1995-05-02) and Leopold (1995-09-19, App. 08/237,422) were.
  4. Octopus/BARWAN were not retrieved this session and their § 102(b) dating relative to 1995-06-01 is unresolved.
  5. No Google Patents "Prior Art" citation list was retrievable — only the keyword tags. The reference set above is the patent's own Background set plus the litigation references.
  6. No PTAB or reexam vehicle exists in practice for an expired patent (expiration 2016-05-13), so this § 103 analysis is valuable principally for (a) invalidity defenses to pre-2016-05-13 conduct within the § 286 lookback, (b) a reexamination theory, or (c) licensing/opinion work — not as a PTAB petition blueprint.

Nothing above is invented: where the record is silent (Erickson's text, the exact filing dates of three references, the Octopus/BARWAN dating), I have said so rather than filling the gap.

Generated 9/27/2026, 7:04:45 PM

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