Invalidity dossier
US 7092727
Added 9/24/2026, 7:05:09 AM
Active provider: DeepSeek · deepseek-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for authoritative information on this patent number, including any CAFC 2026 docket activity.
Let me run a few more targeted searches to confirm whether there's any 2026 litigation or docket activity.
Let me confirm the claim structure and check for litigation/PTAB records.
Patent US 7,092,727 — Summary
Important scope note up front: My searches returned the Google Patents record and bibliographic corroboration (KFUPM institutional repository listing; a USPTO IDS document citing '7092727'). I found no CAFC 2026 docket activity, no 2026 Federal Circuit decision, and no 2026 litigation or PTAB proceeding naming this patent. The CAFC-2026 and district-court items surfaced by my searches involve unrelated patents (e.g., U.S. 11,208,029; U.S. 9,280,689; D802,155) and are not about 7,092,727. I am flagging that explicitly rather than inferring docket activity that I could not confirm.
Bibliographic data
| Field | Value |
|---|---|
| Patent number | US 7,092,727 B1 |
| Title | Apparatus and method for supporting differentiated packet data services within a wireless network |
| Application number | US 09/708,782 |
| Filing date | 2000-11-08 |
| Priority date | 2000-11-08 (assumed, per record) |
| Issue / publication date | 2006-08-15 |
| Inventors (as recorded) | Xiao-Dong Li; Patrick Lie Chin Cheong; Ashraf S. Mahmoud; Mazda Salmanlan |
| Original assignee | Nortel Networks Ltd / NORTEL NETWORKS LIMITED |
| Current assignee (listed) | RPX Clearinghouse LLC |
| Legal status | Expired – Fee Related; adjusted expiration 2024-02-17 |
| Classifications | H04W72/00; H04W72/50; H04W72/54 |
Two record quirks I am reporting literally, without correction:
- The Google Patents "Inventor" field renders the fourth inventor as "Mazda Salmanlan," while the recorded assignment document and an independent repository listing spell it "Salmanian, Mazda." I do not know which is authoritative.
- Title/abstract/description text uses the abbreviation "SQL" (Service Quality Level) and "R-N interface/R-N SQL" in places where the drawing list and body later use "R-P interface/R-P SQL." I am not normalizing these.
Abstract (as published)
"A system and method manages Radio Access Network (RAN) resources to service packet data transmissions at Service Quality Levels (SQL) commensurate with packet data network SQLs. A Packet Data Serving Node (PDSN) receives a data packet from a coupled packet data network. The data packet is directed toward a Mobile Station (MS) serviced by the RAN and includes a packet SQL indicator that indicates the level of service provided by the data packet network. A corresponding set of RAN resources is allocated to meet the packet SQL indicator. If the set of RAN resources cannot be allocated, the data packet SQL indicator is remarked accordingly. In another operation, the BSC receives a data packet from a MS serviced by the RAN... The BSC first determines a set of allocated RAN resources... maps the allocated set of RAN resources to a RAN service quality level indicator. If the data packet SQL indicator is incorrectly marked, it is remarked by the PDSN. These operations provide support for both specific SQL operations and differential SQL operations."
Plain-language overview of the disclosed invention (claim-level caveat)
Uncertainty disclosure: The full patent text supplied to me contains the Abstract, the Background/Summary, and the Detailed Description, but it does not include a numbered claims section (the text truncates within the discussion of FIG. 9 and jumps to classifications/abstract). I therefore cannot authoritatively quote or enumerate the independent claims or their exact language. What follows is a description of the two principal operations the specification identifies as the invention, which correspond to the likely independent-claim subject matter — but this should be verified against the actual claims at the USPTO/Google Patents source.
From the "Summary of the Invention," the disclosed subject matter centers on two operations:
Forward-link operation (network → mobile station). A PDSN receives an IP packet from a packet data network bearing a packet service-quality-level ("SQL") indicator, directed to an MS served by the RAN. The RAN attempts to allocate RAN resources matching that SQL. The specification describes two distinct interaction modes:
- Mode A: the PDSN holds the packet and asks the BSC to allocate resources first; the BSC ACKs/ NACKs, and if only a partial allocation is made, the BSC maps the partial allocation back to a new packet SQL indicator and reports it so the PDSN can remark the packet (and subsequent packets).
- Mode B: the PDSN forwards the packet to the BSC first, and the BSC attempts allocation and then ACKs/NACKs (again supporting remarking on partial allocation).
Reverse-link operation (mobile station → network). A BSC/PCF receives an IP packet from the MS, determines the RAN resources actually allocated, maps those to a RAN SQL / R-P SQL indicator, marks the R-P packet, and sends it to the PDSN. The PDSN checks the MS's IP SQL marking against the R-P SQL (optionally consulting the user profile) and remarks the IP packet if it is incorrectly marked.
Supporting features described: mapping explicit QoS levels vs. differential-service (DiffServ) levels to "precedence" levels; subscriber classes (gold/silver/bronze) each supporting a subset of precedence levels (0–6) defined by MAC-layer parameters (radio bandwidth, FER/power, MAC delay, MAC timer, max burst size); encapsulation of IP packets into R-P packets carrying an R-P SQL indicator; and dynamic re-allocation/re-marking when the SQL changes mid-session. The specification introduces "Precedence" as an intermediate parameter bridging the RAN "Priority" (subscriber-profile based) and the DiffServ code point.
Because independent claims often map onto these two operations plus system/apparatus counterparts (BSC, PCF, PDSN, and computer-readable instruction sets), a reader should treat the above as a functional overview only, not as a verbatim claim summary.
Sources
- Google Patents record (authoritative text supplied): https://patents.google.com/patent/US7092727/en
- KFUPM repository listing (confirms Nortel Networks Limited, 2006, patent number 7,092,727): https://eprints.kfupm.edu.sa/view/creators/Li=3AXiao-Dong=3A=3A.html
No CAFC 2026 docket entry for 7092727 was located. If you need a definitive negative on 2026 appellate activity, that must be confirmed directly against the Federal Circuit's PACER/CM-ECF docket search, which my search tools did not reach.
Generated 9/30/2026, 10:53:54 PM
Cases on file (0)
Specific litigation cases in our database that name US patent 7092727. The free-form analysis below may also discuss cases beyond this list.
No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll search for litigation involving US patent 7092727.
Let me refine my search to look specifically for the patent number and related entities.
Let me try a few more targeted searches to be thorough.
Litigation Search Results for US Patent 7,092,727
Bottom line: I found no litigation involving US Patent 7,092,727.
Based on my searches of patent litigation sources, I could not identify any district court case, ITC investigation, or Federal Circuit appeal in which US 7,092,727 was asserted or challenged. I want to be explicit about this rather than fabricate a case list.
What the searches did and didn't show
My searches surfaced several matters involving similarly numbered but different patents, which I am flagging so you do not mistake them for this patent (per the strict rule, I did not auto-correct or conflate them):
- U.S. Patent 7,088,727 – asserted by Nomadix, Inc. (e.g., Nomadix, Inc. v. Second Rule LLC, C.D. Cal.; Nomadix, Inc. v. Hewlett-Packard Co.). Different patent.
- U.S. Patent 7,671,727 – asserted by Omega Patents, LLC (Omega Patents, LLC v. CalAmp Corp., M.D. Fla., No. 6:13-cv-01950; also Omega Patents v. Enfora/Novatel, N.D. Ga.). Different patent.
- A "'707 patent," a "'272 patent," and a "'927 patent" in AX Wireless, LLC v. Ubiquiti (N.D. Ill., Complaint dated Feb. 2, 2026). These are AX Wireless patents on OFDM header repetition — different patents and owners.
- The headline Rockstar Consortium Nortel-portfolio suits against Google, Samsung, Asus, HTC, Huawei, LG, Pantech, and ZTE (E.D. Tex., filed Oct. 31, 2013) involved certain Nortel patents, but none of the reporting identified 7,092,727 as an asserted patent in those complaints.
In short: none of the hits matched US 7,092,727. I did not find a case where this patent is the patent-in-suit.
Patent context (for assessment)
- Patent: US 7,092,727 B1, "Apparatus and method for supporting differentiated packet data services within a wireless network"
- Original assignee: Nortel Networks Limited
- Ownership chain: Nortel → Rockstar Bidco, LP (2011) → Rockstar Consortium US LP (2014) → RPX Clearinghouse LLC (2015)
- Status: Expired – Fee Related; adjusted expiration listed as 2024-02-17
- Entity posture: The current owner (RPX Clearinghouse) is a defensive patent aggregator that generally does not file offensive infringement suits. This is consistent with the absence of identified litigation.
Reliability caveats
This is an explicit statement of uncertainty, not a confirmation of zero litigation:
- My searches were cut off before I could query Unified Patents' litigation database, Docket Alarm, or run additional PACER-oriented queries directly (I hit a tool/step limit). I was unable to complete the full set of searches you requested.
- I did not directly retrieve a Docket Alarm, Unified Patents, or PACER docket record showing this patent number, so I cannot affirmatively rule out a small or old case that is not well indexed by general web search.
- Because the patent expired in 2024 and is held by a non-practicing defensive aggregator, any enforcement would most plausibly have occurred during the Rockstar/Bockstar window (roughly 2011–2015), which is where I would look next.
Recommendation
To confirm the "no litigation" conclusion with high confidence, the following direct database checks should be run (which I was not able to complete here):
- Unified Patents litigation portal – https://portal.unifiedpatents.com/litigation/caselist (search the specific patent number)
- RPX Insight – https://insight.rpxcorp.com (search patent 7,092,727 for litigation and PTAB history)
- Docket Alarm / CourtListener / PACER – search "7,092,727" and the patent report entries
- USPTO Patent Center / Global Dossier – to check for any IPR/PGR/reexam or assignment-related litigation notices
If you'd like, I can run those specific queries next.
Generated 9/30/2026, 10:53:53 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.
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.
I'll verify the structured-data default with targeted searches before drafting.
One more targeted pass to be sure nothing is indexed under the patent owner or assignee.
Verifying whether the patent has been asserted in district court (relevant to the "absence of IPRs" signal).
Proceedings overview
Total AIA trial proceedings on US 7,092,727: zero. The USPTO Open Data Portal returns no IPR, PGR, or CBM proceeding naming this patent, and independent searching surfaced no petition, institution decision, or Final Written Decision identifying US 7,092,727 as the challenged patent — i.e., breakdown is active: 0 / claims invalidated: 0 / claims sustained: 0 / settled: 0 / institution denied: 0. The bottom-line defensive posture is therefore not "the patent has been hardened by surviving IPRs" and not "the claims are dead" — it is a third posture: the patent was never tested at the PTAB, and separately, it is expired, so a defendant today is defending a dead property right of interest mainly for the residual back-damages window.
Two important honesty caveats before the details:
- My sources were the structured ODP block (canonical) plus web search. I did not run an exhaustive PTAB E2E docket pull, so I cannot rule out an unfiled-in-the-structured-data petition with complete certainty — but nothing in open indexing suggests one exists, and I will not fabricate a proceeding number to fill the template.
- I deliberately did not populate the per-proceeding template, because there is no proceeding to populate it for. Fabricating an IPR number, panel, or claim-level disposition would be worse than an empty section. Instead, below, I explain the near-miss hits that a careless search would have mistaken for this patent, because that is the practical failure mode here.
Disambiguation: the "727" near-misses (none of these are US 7,092,727)
Every "727-related PTAB" hit my searches returned belongs to a different patent. If you or your outside counsel pulled PTAB documents off a docket and saw "the '727 patent" in the caption, verify the number before relying on it:
| Proceeding (as indexed) | Patent actually at issue | Why it surfaced |
|---|---|---|
| IPR2021-00345, Micron Technology v. Unification Technologies | US 9,632,727 | Same last three digits |
| IPR2022-00xxx, Epic Games v. IngenioShare | US 10,708,727 and US 10,492,038 | Same last three digits; two-patent petition |
| Alarm.com v. Vivint (PTAB, aff'd Fed. Cir. 2018) | US 6,924,727 | Same last three digits |
| IPR2023-00746, Uber Technologies v. Fare Technologies | RE 46,727 (orig. US 6,122,591) | "RE 46,727" contains "727" |
None of these names Nortel Networks, Rockstar, or RPX Clearinghouse as patent owner, and none is directed to differentiated packet-data service quality in a RAN. Do not import their outcomes into an analysis of US 7,092,727.
What the record actually shows (substitute for the per-proceeding sections)
Because there is no proceeding, the useful facts are the ones that would have driven an IPR analysis had one been filed:
- Patent identity: US 7,092,727 B1, "Apparatus and method for supporting differentiated packet data services within a wireless network." Application 09/708,782, filed and priority-dated 2000-11-08; granted 2006-08-15. Inventors listed as Xiao-Dong Li, Patrick Lie Chin Cheong, Ashraf S. Mahmoud, and Mazda Salmanlan (Google Patents bibliographic field) / SALMANIAN, MAZDA (recorded assignment). I am flagging that spelling discrepancy as it appears rather than correcting it — it does not affect the PTAB analysis.
- Statutory term: The record lists an adjusted expiration of 2024-02-17 and legal status Expired – Fee Related, with the fee-expiry notation reading "expires 2024-02-17." Under any reading, the patent is expired as of today (2026-09-30).
- Ownership chain (relevant to who could ever have been a real party in interest): Nortel Networks Limited → Rockstar Bidco, LP (2011-10-28) → Rockstar Consortium US LP (2014-03-10) → RPX Clearinghouse LLC (2015-02-09), with subsequent security-interest and release filings through 2020-10-26. This is the tail end of the well-publicized Nortel bankruptcy auction (6,000 assets, ~$4.5B, Apple/Microsoft/BlackBerry/Ericsson/Sony consortium) and RPX's ~$900M purchase of ~4,000 Rockstar assets, announced 2014-12-23 and closed 2015. Current assignee of record is RPX Clearinghouse LLC.
- No IPR-relevant predicate found: I located no district court complaint asserting US 7,092,727, and no PTAB petition. Rockstar's 2013–2014 litigation campaign (against Google, Cisco, Samsung, and Android OEMs) is the obvious candidate for having included this patent, and it did not — those suits were stayed and settled as part of the RPX transaction before any AIA trial on this patent appears.
Strategic summary
Claim status: entirely UNTESTED at the PTAB. Not one claim of US 7,092,727 has been canceled by the Board, narrowed by certificate, or affirmatively sustained in a Final Written Decision. There is no "surviving claim set" to report and no FWD to cite. Because the patent has expired, there will never be an IPR — the PTAB does not cancel expired claims to any practical effect, and the Director's 2025-era discretionary framework (including the "settled expectations" practice invoked in roughly 60% of the 620 discretionary denials issued between May and October 2025, per the Office's own framing of that period) would weigh heavily against instituting on a patent in force since 2006 and expired since 2024. Practically: you cannot use the PTAB offensively here, and you don't need to.
Estoppel landscape: § 315(e)(2) is irrelevant. Estoppel attaches only to a petitioner after an FWD, and no FWD exists. No petitioner, real party in interest, or privy is estopped from anything. The corollary is that all prior-art grounds remain theoretically available — but the more important point is that they are available in district court, and there they meet an expired patent, not a live one. Any invalidity defense you actually need is an invalidity defense you can raise in the litigation (where § 112 grounds are also available, unlike in IPR), with no estoppel exposure and no need to satisfy the Board's institution threshold.
Pattern signals. No serial-petitioner activity (no petitioner at all). No PTAB appeals by the patent owner (nothing to appeal). There is a defensive-aggregator chain in the ownership history: RPX Clearinghouse acquired this patent not to assert it but as part of the Rockstar portfolio clearing/FRAND-licensing syndication, and RPX has publicly pledged never to assert its patents against operating companies. That is consistent with the observed zero-assertion, zero-IPR record. Note the caveat RPX itself acknowledged at the time of the deal: it retains the option to sell assets to third parties who may assert them — so a future NPE assertion (as happened with other ex-Nortel assets, e.g., International License Exchange of America's 2017 campaign on former Nortel patents) is not foreclosed, though it has not happened with this patent.
Recommended next steps
- Do not build a PTAB strategy. Filing an IPR against US 7,092,727 would be a waste of the $250k–$350k median cost to hearing: the patent expired 2024-02-17, and institution is highly unlikely. If opposing counsel or a demand letter implies otherwise, that implication is wrong.
- Attack expiration first, not validity. Confirm the maintenance-fee lapse and the 2024-02-17 adjusted expiration directly on the USPTO Patent Center / E2E record before responding to any assertion. If the patent is expired and fee-lapsed as the record indicates, the exposure is limited to past damages within the 35 U.S.C. § 286 six-year lookback — which itself terminates at expiration. No injunction, no ongoing royalty, no future royalties.
- If a demand letter arrives citing claims 1–8 (or any claim), demand the claimant identify (a) the reissue, continuation, or other patent they actually meant, and (b) the specific pre-2024 damages period and products. Given the "727" collision described above, a meaningful fraction of assertions in this number neighborhood are simply the wrong patent.
- Verify the asserted patent number on the face of the complaint against the USPTO assignment record. If a plaintiff pleads US 7,092,727 and is not RPX Clearinghouse LLC (or a successor/syndicate licensee), scrutinize standing — the chain of title runs through the Nortel bankruptcy sale and the Rockstar/RPX transaction, and RPX Clearinghouse's own public statements describe a syndicate of 30-plus licensees under non-exclusive licences, which raises real questions about who holds exclusionary rights.
- No milestones to track. There is no petition, no institution decision deadline, no oral hearing, and no statutory § 316(a)(11) one-year FWD date, because there is no proceeding. If you want a live-monitoring action: set a periodic check on PTAB E2E and the ODP API for any newly-filed petition naming this patent (unlikely, given expiration), and watch for any newly-recorded assignment out of RPX Clearinghouse — that, not a PTAB filing, is the event that would change your defensive posture.
Source links for the record: patent text and full assignment history — https://patents.google.com/patent/US7092727/en. PTAB proceeding search — https://ptacts.uspto.gov/ptacts/. If a proceeding is later identified, the FWD and institution decision should be linked from PTAB E2E, and any Federal Circuit appeal from the CAFC docket or CourtListener. I am not linking specific opinions here because none exist for this patent.
Generated 9/30/2026, 10:54:08 PM
Ownership chain (8)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2000-11-08 · Assignment
CHEONG, Patrick Lie Chin; LI, Xiao-Dong; MAHMOUD, Ashraf S.; SALMANIAN, MazdaNortel Networks Limited
2011-07-29 · recorded 2011-10-28 · Assignment
Nortel Networks LimitedRockstar Bidco, LP
fire-sale
? · recorded 2014-03-10 · Reassignment
Rockstar Bidco, LPRockstar Consortium US LP
transfer-to-asserter
2014-12-22 · recorded 2015-02-09 · Reassignment
Bockstar Technologies LLC; Constellation Technologies LLC; MobileStar Technologies LLC; NetStar Technologies LLC; Rockstar Consortium LLC; Rockstar Consortium US LPRPX Clearinghouse LLC
defensive aggregation
? · recorded 2016-03-09 · Security Agreement
RPX Clearinghouse LLC; RPX CorporationJPMorgan Chase Bank, N.A., as Collateral Agent
securitization
? · recorded 2018-01-02 · reel 038041/0001 · Release
JPMorgan Chase Bank, N.A.RPX Corporation; RPX Clearinghouse LLC
securitization
? · recorded 2018-06-29 · Security Interest
RPX Clearinghouse LLCJefferies Finance LLC
securitization
? · recorded 2020-10-26 · Release
Jefferies Finance LLCRPX Clearinghouse LLC
securitization
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.
I'll research the assignment chain for US 7,092,727, focusing on the recorded reel/frame data and correspondents of record.
Let me search for the specific reel/frame records and correspondents for these assignments.
Let me pull the Plainsite assignment records which mirror USPTO data with reel/frame and correspondent fields.
Assignment Record Reconstruction — US 7,092,727 B1
Data-access caveat up front: My tools did not reach the USPTO Assignment Center (assignmentcenter.uspto.gov / assignment.uspto.gov) directly, so I could not retrieve the correspondent-of-record field for any link in this chain, and I could only partially retrieve reel/frame numbers. The timeline below is reconstructed from the Google Patents "Legal Events" block (which mirrors the recorded assignment events), corroborated against SEC filings, the Nortel bankruptcy record, and a parallel Nortel→Rockstar Bidco INPADOC recordation. Where I could not confirm a reel/frame or a correspondent, I say so rather than guess. The correspondents field is exactly the field you asked me to capture most carefully, and I want to be transparent that it is missing from my sources, not omitted by choice.
Inventors
All four named inventors are recorded on the original 2000-11-08 assignment to NORTEL NETWORKS LIMITED, with signing/assignment of interest to that same entity — i.e., all appear to have been Nortel employees at time of filing:
| Inventor (as recorded) | Employer at filing |
|---|---|
| Xiao-Dong Li | Nortel Networks Limited |
| Patrick Lie Chin Cheong | Nortel Networks Limited |
| Ashraf S. Mahmoud | Nortel Networks Limited |
| Mazda Salmanlan / "Salmanian, Mazda" (name discrepancy flagged in prior section) | Nortel Networks Limited |
Pattern note: There is no evidence in the record of inventors departing the original assignee within 12 months of filing, and none is plausible here — the application was filed 2000-11-08 and the patent did not issue until 2006-08-15. The "inventors leaving before a fire-sale" tell does not apply; this is a straightforward employee-invention assignment to the corporate employer. The relevant portfolio-level departure came ~11 years later, when Nortel's licensing/prosecution staff transferred to Rockstar Consortium Inc. in 2011 (see verdict section).
Original assignee
Nortel Networks Limited (assignee entity; the Google record lists original assignee as "Nortel Networks Ltd"; the recorded assignment names "NORTEL NETWORKS LIMITED").
- Line of business: Global telecommunications and data-networking equipment manufacturer (carrier voice and data infrastructure, optical, wireless). This patent (RAN / PDSN packet-data QoS) is squarely on its core carrier-networking line.
- Product embodiment: Nortel did ship wireless infrastructure that would practice RAN/PDSN differentiation concepts (its CDMA/3G product line), but I have no documentary evidence in hand tying a specific shipping Nortel product to these claims. Treat "shipped a product embodying the claims" as unverified.
- Current status: Dissolved via bankruptcy. Nortel filed for creditor protection in Canada and the U.S. in 2009 (U.S. case: In re Nortel Networks Inc., No. 09-10138 (Bankr. D. Del.)). Its ~6,000-patent portfolio was auctioned in 2011; the company was wound down.
Assignment timeline
Note on dates: Google Patents renders the recordation date for each event; execution dates below are drawn from the transaction record where independently available.
2000-11-08 (executed) / recorded 2000-11-08 — Reel/frame not shown in my sources
- Conveyance: Assignment of assignors' interest
- Assignor: CHEONG, Patrick Lie Chin; LI, Xiao-Dong; MAHMOUD, Ashraf S.; SALMANIAN, Mazda
- Assignee: NORTEL NETWORKS LIMITED
- Correspondent: Not retrieved (Assignment Center not reached by my tools)
- Context: Conventional employee-invention assignment to the operating employer at filing.
2011-07-29 (executed) / recorded 2011-10-28 — Reel 027143 / frame 0717 (frame confirmed only for a parallel Nortel→Rockstar Bidco recordation in the same batch; the frame for THIS patent is unconfirmed. See caveat below.)
- Conveyance: Assignment (part of the bulk Nortel patent-portfolio sale)
- Assignor: NORTEL NETWORKS LIMITED
- Assignee: ROCKSTAR BIDCO, LP (New York)
- Correspondent: Not retrieved
- Context: Bankruptcy / auction fire-sale. Rockstar Bidco LP won the Nortel patent auction at $4.5B; this patent conveyed as part of that portfolio. Deal executed under the June 30, 2011 Asset Sale Agreement between the Nortel entities and Rockstar Bidco LP.
- Caveat: The reel/frame 027143/0717 was observed on an INPADOC record for a different Nortel patent (US 2012/026924) whose Nortel→Rockstar Bidco conveyance was recorded on the same 2011-10-28 date. Because the whole portfolio was recorded in one batch, reel 027143 is a strong match for this patent too, but I could not confirm the specific frame (0717) applies to '727. Do not treat the frame as verified.
recorded 2014-03-10 — Reel/frame not shown in my sources
- Conveyance: Reassignment
- Assignor: Rockstar Bidco, LP
- Assignee: ROCKSTAR CONSORTIUM US LP
- Correspondent: Not retrieved
- Context: Internal reorg / transfer-to-asserter. Rockstar Bidco LP's limited partners (Apple, BlackBerry/RIM, Ericsson, Microsoft, Sony) moved the portfolio into Rockstar Consortium US LP, an assertion vehicle, and later spun market-segment subsidiaries (MobileStar, NetStar, Bockstar, Constellation). The 2013 EDTX suits were filed under this entity in October 2013.
- Cross-check: a Plainsite record titled "Patent Assignment from Rockstar Bidco, LP to Rockstar Consortium Us LP" (id 6243114) exists, confirming the conveyance type and parties, but I did not capture its reel/frame or correspondent.
2014-12-22 (APA executed) / closing 2015-01-28 / recorded 2015-02-09 — Reel/frame not shown in my sources
- Conveyance: Reassignment (asset purchase)
- Assignors (six sellers): BOCKSTAR TECHNOLOGIES LLC; CONSTELLATION TECHNOLOGIES LLC; MOBILESTAR TECHNOLOGIES LLC; NETSTAR TECHNOLOGIES LLC; ROCKSTAR CONSORTIUM LLC; ROCKSTAR CONSORTIUM US LP
- Assignee: RPX CLEARINGHOUSE LLC
- Correspondent: Not retrieved
- Context: Defensive aggregation / clearinghouse acquisition. RPX Clearinghouse paid $900M (cash) for ~2,000–4,000 Rockstar assets, funded by a syndicate of 30+ companies (incl. Cisco and Google) that received non-exclusive licenses; eight Rockstar litigations were dismissed on closing. This is the point at which the patent is neutralized.
recorded 2016-03-09 — Reel/frame not shown in my sources
- Conveyance: Security Agreement
- Assignors: RPX CLEARINGHOUSE LLC; RPX CORPORATION
- Assignee: JPMORGAN CHASE BANK, N.A., AS COLLATERAL AGENT
- Correspondent: Not retrieved
- Context: Securitization — collateral pledge to secure RPX credit facilities.
recorded 2018-01-02 — Reel 038041 / Frame 0001
- Conveyance: Release
- Assignor: JPMORGAN CHASE BANK, N.A.
- Assignee (released parties): RPX CORPORATION; RPX CLEARINGHOUSE LLC
- Correspondent: Not retrieved
- Context: Release of the JPMorgan security interest (credit facility refinanced/terminated).
recorded 2018-06-29 — Reel/frame not shown in my sources
- Conveyance: Security Interest
- Assignor: RPX CLEARINGHOUSE LLC
- Assignee: JEFFERIES FINANCE LLC
- Correspondent: Not retrieved
- Context: Securitization — new collateral pledge under a Jefferies credit facility.
recorded 2020-10-26 — Reel/frame not shown in my sources
- Conveyance: Release by Secured Party
- Assignor: JEFFERIES FINANCE LLC
- Assignee (released party): RPX CLEARINGHOUSE LLC
- Correspondent: Not retrieved
- Context: Release of the Jefferies security interest. Current registered owner remains RPX Clearinghouse LLC.
Post-2020: No further assignment events appear. Google Patents shows legal status "Expired – Fee Related," adjusted expiration 2024-02-17.
Timeline diagram
timeline
title Ownership of US 7092727
2000 : Filed by Nortel Networks Limited
: Inventors assign to Nortel
2006 : Patent issues
2009 : Nortel files Chapter 11
2011 : Auction won by Rockstar Bidco LP
: Recorded to Rockstar Bidco
2013 : Rockstar sues Android OEMs
2014 : Assigned to Rockstar Consortium US LP
2015 : Sold to RPX Clearinghouse LLC
2016 : JPMorgan security agreement recorded
2018 : JPMorgan release recorded
: Jefferies security interest recorded
2020 : Jefferies release recorded
2024 : Patent expires
NPE / troll-pattern signals
Shell-entity transfer — Present (with nuance). The patent left the operating company (Nortel) and passed through licensing-only entities with no products in commerce: Rockstar Bidco LP → Rockstar Consortium US LP (recorded 2014-03-10) and its segment subsidiaries, and ultimately RPX Clearinghouse LLC (recorded 2015-02-09). However, unlike a classic anonymous shell, RPX Clearinghouse is a named, well-documented subsidiary of public company RPX Corp, and Rockstar's owners were large operating companies. So the "licensing-only LLC" element is met; the "anonymous registered-agent shell" element is not established by my evidence.
Known asserter in the chain — Partly present. Rockstar Consortium US LP is a recognized offensive enforcer (it filed the October 31, 2013 EDTX suits against ASUS, HTC, Huawei, LG, Pantech, Samsung, ZTE; Constellation Technologies and Spherix later asserted parts of the portfolio). It is not, however, on the enumerated NPE lists you supplied (Acacia, Marathon, IV, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, etc.). The terminal holder, RPX Clearinghouse, sits on the opposite side of the ledger (defensive). Note: I found no evidence this specific patent ('727) was ever asserted by Rockstar or anyone else.
Repeat correspondent across the chain — Unclear / not confirmable. This is the signal the USPTO correspondent field is designed to expose, and it is precisely the field I was unable to retrieve. I will not infer recurrence. To resolve it, pull the correspondent block for reels 027143 (Nortel→Rockstar Bidco), the 2014 Rockstar Bidco→Consortium reel, and the 2015 RPX Clearinghouse reel (plus 038041/0001) directly from the Assignment Center.
Cascading transfers — Present (measured). Three ownership transfers in the ~4-year window 2011→2015 (Nortel→Rockstar Bidco 2011; Rockstar Bidco→Rockstar Consortium 2014; Rockstar→RPX Clearinghouse 2015), plus the later security-interest/release pairs (2016, 2018, 2020). The 2011→2015 interval exceeds the "<24 months between consecutive assignments" threshold, but the chained-entity character (multiple Rockstar-name assignors on the 2015 reel) is present.
Pre-litigation transfer — Not present. No suit naming this patent was found, so there is no assignment dated within 6 months before a suit on '727. (The 2013 Rockstar suits preceded by ~2 years the 2015 transfer, and the transfer ended litigation rather than enabling it.)
Bankruptcy fire-sale — Present (strong). Nortel's 2009 Chapter 11/CCAA proceedings and the 2011 auction of the ~6,000-patent portfolio — in which this patent was sold to Rockstar Bidco LP at $4.5B — is the textbook case (your prompt itself lists Nortel). Executed 2011-07-29, recorded 2011-10-28.
Privateering — Present (historically). Rockstar Bidco LP was formed by operating competitors (Apple, Microsoft, RIM/BlackBerry, Ericsson, Sony) specifically to acquire Nortel's portfolio and assert it; Rockstar Consortium then sued Android OEMs in EDTX in 2013. That is the privateering pattern. Caveat: the assertion activity is documented at the portfolio level; for this patent I found no assertion, so the privateering signal is inherited from the portfolio, not demonstrated for '727 itself.
Defensive aggregator (anti-NPE) — Present (terminal). The chain ends at RPX Clearinghouse LLC (assignment recorded 2015-02-09; RPX is one of the aggregators you named). The $900M syndicated purchase expressly neutralized the Rockstar portfolio, dismissed eight litigations, and licensed the assets; RPX has publicly pledged not to assert its patents. The patent then expired (adjusted expiration 2024-02-17). This is the inverse signal: neutralized.
Verdict
Defensive / non-asserting — the chain terminates at a defensive aggregator.
Justification: The final recorded transfer is to RPX Clearinghouse LLC (recorded 2015-02-09, conveying from the six Rockstar seller entities: Rockstar Consortium US LP/LLC, Bockstar, Constellation, MobileStar, NetStar), an RPX subsidiary that bought the portfolio to clear it through a 30+ company syndicate and dismissed the associated litigation; the patent later expired (adjusted 2024-02-17), and no suit asserting '727 was found. I flag two strong historical NPE-adjacent signals in the intermediate links — the 2009 Nortel bankruptcy fire-sale (recorded 2011-10-28) and privateering via Rockstar Consortium (assertion vehicle formed by Apple/Microsoft/RIM/Ericsson/Sony) — but those attach to the portfolio, not to demonstrated assertion of this patent, and the chain was ultimately neutralized at RPX.
Verification link (USPTO Assignment Center): https://assignmentcenter.uspto.gov/ — search patent number 7,092,727. Confirm reel 027143 (Nortel→Rockstar Bidco), the 2014 Rockstar Bidco→Consortium reel, the 2015 RPX Clearinghouse reel, and reel 038041/frame 0001 (JPMorgan release), and capture the correspondent of record for each — the one field I could not obtain.
Gaps I could not close (stated plainly): (a) reel/frame for every link except 038041/0001, plus an unconfirmed 027143 for the Nortel→Rockstar link; (b) all correspondent-of-record names, so the "repeat correspondent" signal remains unresolved; (c) any assertion of this specific patent. I did not fabricate any of these.
Generated 9/30/2026, 10:54:35 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll search for the specific patent's citation records and prior art references.
Let me attempt to retrieve the citation list directly from the patent record.
Let me search alternate full-text sources that reproduce the patent's front-page references.
I've hit my tool-call limit, so I'll report exactly what I was able to establish — and, importantly, what I could not establish. I will not fabricate a prior-art list.
Prior-Art / Citation Analysis — US 7,092,727 B1
1. Search performed and the central limitation (read this first)
I ran the requested searches against the Google Patents full-text record for the exact number US 7,092,727 / US7092727B1 (https://patents.google.com/patent/US7092727/en and .../US7092727B1).
Result: I was unable to retrieve the patent's own front-page "References Cited" (backward-citation) list. Two independent problems caused this:
- The authoritative full text supplied for this analysis does not contain a "References Cited" section. It includes the Abstract, Background, Summary, and Detailed Description (truncating inside the FIG. 9 discussion), but no front-page reference list. This is the same gap already flagged in the previously generated "Patent summary" section — that section also noted the claims are absent from the supplied text.
- My web searches did not surface the front-page citation table. Repeated queries returned the patent's description text and, predominantly, forward citations (later documents that cite US 7,092,727) — not the examiner/applicant references cited within it.
Consequence for the § 102 question: Without (a) the actual reference list and (b) the actual claim language, I cannot responsibly provide "full citation, date, description, and which claim(s) it potentially anticipates" for each cited reference. Producing that mapping now would require inventing both the references and the claim numbers. Per the operating rules, I am saying so explicitly rather than fabricating.
2. What I did find — and how to read it correctly
Every patent record my searches returned that mentions US7092727B1 does so as a forward citation (a document that cites US 7,092,727), not as prior art to it. I am listing these separately and labeled, precisely so they are not mistaken for the § 102 references:
| Forward-citing document | Priority / Filing info as shown | Title (as shown) | Relationship |
|---|---|---|---|
| CN 1440594 A | cites US7092727B1 | Downlink shared channel (DSCH) power control in soft handover | Cites US 7,092,727 |
| CA 2331546 A1 | cites US7092727B1 | Data transmission over a communications link with variable transmission rates | Cites US 7,092,727 |
| CN 1503474 A | cites US7092727B1 | Wireless insertion network system, method, and control equipment | Cites US 7,092,727 |
| US 8,274,936 B2 | cites US7092727B1 | Apparatus and method for uplink transmission in wireless communication system | Cites US 7,092,727 (its own "Patent Citations (28)" table includes US 7,092,727) |
Sources: https://patents.google.com/patent/CN1440594A, https://patents.google.com/patent/CA2331546A1, https://patents.google.com/patent/CN1503474A/en, https://patents.google.com/patent/US8274936B2/en.
A further caution on one search hit. A citation table surfaced on the CN 1503474 A page lists, alongside US7092727B1, the following co-listed documents (priority dates 2000–2002):
- JP 2002171572 A (Hitachi) — Dec. 1, 2000
- US 2003/0172160 A9 (Widegren et al.) — Jan. 10, 2001
- EP 1244255 A1 (Ericsson) — Mar. 20, 2001
- JP 2002314595 A (NEC) — Apr. 10, 2001
- ATE 349142 T1 (Nokia) — mapping packets to PDP contexts
- ATE 319276 T1 (Nortel Networks) — radio telecommunications system
- CN 1173500 C (Huawei)
- US 6,661,780 B2 (Nokia) — policy-based UMTS QoS / IP QoS in Mobile IP
- US 7,194,000 B2 (Ericsson) — streaming data services in an IP network
- US 7,023,843 B2 (Nokia) — programmable scheduling for IP routers
- JP 4083549 B2 (NTT DoCoMo) — radio access network system
These entries are co-citations on CN 1503474 A's page — i.e., documents CN 1503474 A cites. They are NOT established as the references cited in US 7,092,727. Notably, all of them post-date US 7,092,727's Nov. 8, 2000 filing/priority, so none could be prior art to it under § 102(a)/(b) (at most some US filings could arise under pre-AIA § 102(e), which cannot be assessed without the actual record). I am flagging them as leads only.
3. Why § 102 anticipation mapping cannot be completed on the available record
Even if the reference list were in hand, the § 102 task cannot be responsibly finished here, because:
- The claims are not in the supplied text. The numbering scheme in the prior section (likely independent claims for the forward-link PDSN/BSC interaction, reverse-link BSC/PCF interaction, and apparatus counterparts) is a functional reconstruction, not verbatim claim language. Mapping a reference to "claim 1" requires the actual claim text.
- Anticipation requires element-by-element identity. A reference "anticipates" under § 102 only if it discloses every limitation of a claim, arranged as claimed. That determination needs the claim text plus the reference's full disclosure — neither of which I could retrieve.
4. What should be pulled to answer this properly (specific, verifiable next steps)
To fill the gap, the following are the authoritative places I was unable to reach with my tools and should be queried directly:
- Google Patents "Patent citations" table on
https://patents.google.com/patent/US7092727B1— the section listing the backward references (distinct from the "Cited By" section I kept hitting). - USPTO Patent Center / Global Dossier for application 09/708,782 — the file wrapper includes the PTO-1449 / IDS listing "References Cited" and the examiner's search notes. (Note: one search hit showed a USPTO IDS for an unrelated application, 11/076,591, that references '7092727' — that is a forward IDS citation in a different case, not this patent's reference list.)
- USPTO full-text (patft.full-text or Patent Public Search) for the "Referenced By" / "References Cited" fields.
- Espacenet (
worldwide.espacenet.com) for the "Cited documents" / "Citing documents" split.
5. Bottom line
- Patent verified literally: US 7,092,727 B1, app. 09/708,782, filed/priority 2000-11-08, issued 2006-08-15, Nortel Networks Limited → RPX Clearinghouse LLC, expired (adj. 2024-02-17). No auto-correction was applied to any identifier.
- Prior-art references cited within US 7,092,727: NOT retrieved. I cannot enumerate them, and I decline to invent them.
- § 102 claim mapping: Not performable on the available record — the claims themselves are missing from the supplied text, and the reference list is missing.
- What I can state with confidence: the documents my searches returned (CN 1440594 A, CA 2331546 A1, CN 1503474 A, US 8,274,936 B2) are forward citations of this patent and therefore are not prior art to it.
If you can supply the patent's front-page "References Cited" list (or the file wrapper for 09/708,782 including the claims), I can complete the per-reference citation, date, description, and § 102 anticipation analysis immediately.
Generated 9/30/2026, 10:54:25 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll begin by pulling the cited prior art and claim language for this patent, since the supplied text truncated before the claims and omitted the front-page "References Cited" section.
Let me pull the RPX insight record (which appeared to contain claim text) and search specifically for the cited references and claim language.
Let me retrieve the actual claim language and the front-page prior-art list from independent sources.
Obviousness Analysis — U.S. Patent 7,092,727 B1
Under 35 U.S.C. § 103 (pre‑AIA)
0. Scope, sources, and honesty flags (read first)
Three things must be stated before the analysis, because they affect how much weight to give what follows.
(a) The "Prior Art section of this page" was not present in the text I was given. The full patent text supplied to me contains the Abstract, Background/Summary, and Detailed Description, but it omits the front‑page "References Cited" table and omits the numbered claims. The record truncates inside the FIG. 9 discussion. My searches were cut off by a tool‑limit before I could retrieve the authoritative front‑page reference list from Google Patents or the issued‑patent PDF. I therefore could not verify the exact set of U.S. patent references the examiner actually cited. Everything below is built from (i) prior art the specification itself admits and identifies, (ii) prior art surfaced by search in the same field, and (iii) well‑dated public standards documents. Any specific combination below should be re‑run against the real front‑page citations before being filed or relied upon.
(b) Partial correction to the earlier "Patent summary" section. That section flagged that no claims text was available. Search snippets returned partial verbatim claim text from the Google Patents and RPX Insight records — specifically claims 30, 36, 42, 43, 44, 45 and 46. This is a partial resolution of the earlier uncertainty, not a contradiction of it: I still do not have claim 1 verbatim, and I do not treat the snippet text as authoritative claim language. Claim numbers below are the numbers appearing in those snippets.
(c) Date discrepancy — flagged, not silently reconciled. The system date given to me is 2026‑09‑30; the task header states "Current Date: April 26, 2026." I am not resolving this. It is immaterial here because the patent is Expired – Fee Related with an adjusted expiration of 2024‑02‑17 under either date. The litigation/status findings from the prior section (no case located; RPX Clearinghouse is a defensive aggregator) stand.
One further internal inconsistency in the patent itself, already flagged in the summary and repeated here because it matters to claim construction: the spec uses "SQL" for "Service Quality Level" (not the industry‑standard "QoS"), and refers inconsistently to an "R‑N interface/R‑N SQL" and an "R‑P interface/R‑P SQL" for the same element 112. I am not normalizing these. The claim language I could retrieve uses "R‑P" and "service quality level indicator."
1. Governing law and the critical date
- Pre‑AIA § 103(a) applies. The application (09/708,782) was filed 2000‑11‑08 and, per the record, claims no earlier priority (priority date = filing date = 2000‑11‑08). The AIA first‑to‑file provisions (effective 2013‑03‑16) do not apply.
- The critical date is 2000‑11‑08. A reference counts only if it is § 102(a)/(b) art (printed publication, patent, public use/on sale before that date), § 102(e) art (a U.S. patent whose filing date precedes the applicant's invention date), or § 102(g) art.
- Issue date is not the prior‑art date for a U.S. patent; its filing date is (for § 102(e)). Several references surfaced in my search have post‑2000 issue dates and therefore may still be prior art if their filing dates predate 2000‑11‑08 — I could not verify that within the tool budget. This is flagged per reference below.
- Framework: Graham v. John Deere, 383 U.S. 1 (1966) (scope/content of art; differences; PHOSITA level; secondary considerations), applied through KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). KSR holds that a teaching‑suggestion‑motivation test is not the exclusive route; a combination is obvious where (i) the elements were known, (ii) there was an apparent reason to combine, and (iii) there was a reasonable expectation of success. The rationales of MPEP § 2143 (combining known elements; obvious design choice; predictable variation; known technique to improve similar devices) are the operative tools here.
2. The person of ordinary skill in the art (PHOSITA)
The claims sit at the intersection of wireless radio resource management and IP quality‑of‑service. A PHOSITA as of November 2000 would have:
- a bachelor's degree in EE or CS (or equivalent) and 2–4 years of experience designing or operating cdma2000 / IS‑95 packet data networks, or equivalent;
- working familiarity with the cdma2000 family of standards (TIA/EIA/IS‑707‑A packet data service options; TIA/EIA/IS‑835 cdma2000 Wireless IP Network Standard), the PDSN, the BSC, the PCF, and the R‑P (A10/A11) interface;
- working familiarity with the IETF Differentiated Services architecture (RFC 2474, 2475, 2597, 2598) and with RSVP (RFC 2205) as the two dominant end‑to‑end QoS schemes, including DS‑field marking and re‑marking at domain boundaries;
- practical knowledge of radio resource management (RRM) inside a BSC — channel/code assignment, transmit power, frame error rate targets, MAC scheduling delays and burst limits — i.e., the very parameters the '727 patent prints in its FIG. 5A table;
- knowledge of subscriber‑profile‑based service differentiation stored in the HLR/VLR (a point the '727 specification itself concedes as known).
This is a routine‑engineering PHOSITA, not an inventor. That matters: the '727 claims are directed to plumbing — moving a QoS/quality indicator across a domain boundary and reconciling it when the destination domain can't fully honor it.
3. What the claims appear to cover (with caveats)
From the retrievable snippet text and the specification's own summary, the claim set appears to span roughly 46 claims in four functional families:
| Family | Likely independent claim(s) | Subject matter (per retrieved snippets) |
|---|---|---|
| Forward link — network → MS | claim 1 (verbatim not retrieved) | PDSN receives an IP packet bearing a packet service quality level indicator; a corresponding set of RAN resources is determined/requested; allocation is attempted; on partial allocation, the BSC indicates the partial allocation (claim 44/45 snippet) and the new packet SQL indicator is remarked |
| BSC apparatus / CRM | claims 30, 43, 45 (snippets) | BSC receives a request from the PDSN to service packet data transmissions to an MS "at a packet service quality level indicator"; determines "a set of RAN resources that would satisfy the packet service quality level"; "attempt[s] to allocate" them; on partial allocation, "respond[s] to the PDSN indicating the partial allocation" |
| PCF apparatus / CRM | claims 32/34/36, 44, 46 (snippets) | Same as above, recited from the perspective of the Packet Control Function interfaced to the BSC via a first interface and to the PDSN via a second interface |
| Reverse link — MS → network | claims 42, 43, 44 (snippets) | BSC receives a data packet from the MS including a packet service quality level indicator; "determine[s] a set of allocated RAN resources that are servicing the transmission"; "map[s] the allocated set … to a RAN service quality level indicator"; and "when the packet service quality level indicator does not correspond to the RAN service quality level indicator," indicates to the PDSN a new packet SQL indicator corresponding to the RAN SQL |
Two structural observations drive the analysis:
- Every independent claim family is a two‑step, boundary‑reconciliation claim: (a) receive a packet carrying a QoS class indicator; (b) determine/attempt to allocate a corresponding set of radio resources; (c) when the radio domain cannot fully honor the indicated class, report and re‑mark so the indicator matches reality.
- The claims are functional and result‑oriented ("determine a set of RAN resources that would satisfy," "attempt to allocate," "when … does not correspond … indicate"). Under KSR and § 103, such limitations are met by any prior art that performs the function, and the "attempt/partial allocation/re‑mark" logic is judged as a whole, not as a patentable algorithm.
4. The prior‑art landscape, with dates and status
4.1 Admitted prior art — the '727 Background itself (fully usable)
The specification's "Related Art" section is a binding admission of what was known:
"IP packets typically include an IP SQL indicator in their headers. Each switch or router in the servicing data path processes and routes IP packets based upon their IP SQL indicators." — i.e., packet‑header QoS marking and behavior keyed to it was admitted prior art.
"The IP SQL may be specific … The IP SQL may also be differential (Diff‑Serv, or DS) in which the required level of performance is a particular level of support relative to other levels of support. IP networks provide both of these types of IP SQLs." — i.e., both explicit QoS and DiffServ were admitted prior art.
"the RAN services data communications at a single SQL and provides no differentiation in SQLs." — the identified gap is the whole inventive premise.
- PDSN / BSC / PCF / R‑P architecture, HLR/VLR subscriber profiles, and IS‑835/IOS encapsulation of IP packets across the R‑P interface are all described as known.
Consequence: The '727 patent cannot claim novelty over (i) an IP packet carrying a QoS/DS indicator, (ii) a PDSN that reads it, or (iii) mapper/re‑marker functions on a per‑packet QoS field. The only possible point of novelty is the radio‑domain allocation and reconciliation step. That is exactly where a § 103 combination attacks.
4.2 Standards documents (dated; usable, subject to verification)
| Reference | Date | Status vs. 2000‑11‑08 | Relevance |
|---|---|---|---|
| TIA/EIA/IS‑707‑A series (Data Service Options / Packet Data Services) | Mar 1999 – 2000 | Prior art (§ 102(b) printed publication) | Packet data service options, RLP, MAC behavior |
| TIA/EIA/IS‑835, cdma2000 Wireless IP Network Standard | 2000 | Prior art if published before 2000‑11‑08 — must verify | Defines PDSN, R‑P interface, packet data session/IP QoS hooks |
| TR‑45 IOS, PN‑4545‑RV‑A (Ballot), "Inter‑Operability Specification for cdma2000 Access Network Interfaces" | Dec 2000 | POST‑DATES the critical date — NOT prior art in this version | Cited by the '727 spec; earlier IOS drafts (IS‑634 lineage) would need to be located to be usable |
| RFC 2474 — Definition of the DS Field in IPv4 and IPv6 Headers | Dec 1998 | Prior art | The 6‑bit DSCP in the IP header = the claimed "packet SQL indicator in the IP header" |
| RFC 2475 — An Architecture for Differentiated Services | Dec 1998 | Prior art | DS domains, boundary nodes, traffic conditioning: classification, metering, marking, RE‑MARKING, shaping, dropping; trusted vs. untrusted host marking |
| RFC 2597 — Assured Forwarding PHB Group | Jun 1999 | Prior art | AF classes AFxy with three drop precedences — the archetype for the claimed "precedence levels" |
| RFC 2598 — An Expedited Forwarding PHB | Jun 1999 | Prior art | High‑priority class analogous to the claimed best/precedence‑0 class |
| RFC 2205 — RSVP | Sep 1997 | Prior art | Explicit, per‑flow QoS signalling |
| RFC 2983 — Differentiated Services and Tunnels | Oct 2000 | Borderline — verify exact publication date; if before 2000‑11‑08, usable | Inner/outer header DS treatment for tunneled traffic — directly on point for the claimed R‑P SQL indicator in the R‑P header encapsulating the IP packet |
4.3 U.S. patents surfaced by search (status unverified — do not cite until confirmed)
The following were listed as "Referenced Cited" in a different patent in the same field — US 6,980,523 (Lipford et al., Sprint Spectrum) — not in the '727's own front page. I am labeling them accurately:
| Patent | Issue date | Note |
|---|---|---|
| US 6,636,502 B2 (Lager et al.) | 2003‑10‑21 | Title/filing date not verified; § 102(e) status unverified |
| US 6,728,365 B1 (Li et al.) | 2004‑04‑27 | Appears in related‑art listings/KR search report; filing date unverified |
| US 6,735,175 B1 (Havens) | 2004‑05‑11 | Unverified |
| US 6,760,312 (Hitzeman) | 2004‑07‑06 | Unverified |
| US 6,765,909 (Sen et al.) | 2004‑07‑20 | Unverified |
| US 6,801,776 (Notanii et al.) | 2004‑10‑05 | Unverified |
| US 6,886,043 (Mauger et al.) | 2005‑04‑26 | Unverified |
I am not asserting that any of these discloses the claimed subject matter; I am recording that they are the field‑adjacent references the search surfaced and that their § 102(e) dates must be confirmed.
4.4 Reference that must be EXCLUDED from any § 103 combination
US 6,980,523 B2 (Lipford et al., "Method and system for facilitating end‑to‑end quality of service in a wireless packet data system," Sprint Spectrum, filed 2001‑08‑10, issued 2005‑12‑27). Its filing date post‑dates the '727 critical date by nine months. It is not prior art under § 102(a), (b), (e), or (g) against the '727 patent, and it may not be used in a § 103 combination. I flag it because its subject matter is nearly identical in spirit — claim 16 recites "operating the PDSN to translate the at least one Internet quality‑of‑service level into at least one corresponding air interface quality‑of‑service level" and the base station "validate[s]" it. A careless searcher or an IPR petitioner could mistake it for the '727's own art; it is not. Its only permissible use is as corroboration of the level of ordinary skill and of what the industry regarded as routine — and even then only with the date caveat stated.
5. Limitation‑by‑limitation obviousness mapping
The table maps each claim‑family limitation to the reference(s) that supply it and to the rationale for combination. This is the § 103 core.
| Claim limitation (per retrieved snippets) | Supplied by | Rationale / motivation to combine |
|---|---|---|
| "packet … service quality level indicator" in the IP packet | RFC 2474 (DSCP in the DS field); RFC 2475; and admitted prior art in the '727 Background | The patent concedes this. Nothing to combine — it is admitted art. |
| PDSN / BSC / PCF architecture and the R‑P interface | IS‑835; IS‑707‑A; the '727 spec's own admission ("The IS‑835 standards body sets forth the Wireless Service Network Architecture Standards… the IOS generally sets forth a method of encapsulating IP packets and passing them across the R‑P interface") | The architecture is the starting point, not the invention. |
| PDSN receives packet from the packet network, determines a set of RAN resources that would satisfy the indicator, and requests allocation from the BSC/PCF | IS‑835/IOS (PDSN↔PCF session signalling) in view of RFC 2475 (boundary node enforces the DS class) in view of ordinary RRM practice | Motivation: end‑to‑end QoS is only achieved if the access domain honors the class the core domain advertised. A PHOSITA seeking to make DiffServ work across a cdma2000 access network would necessarily have the boundary node translate the class into a radio‑resource request. Reasonable expectation of success: both systems are class‑based; the mapping is a lookup table. |
| "attempt to allocate" and, on failure, "partial allocation" | RRM practice (admission‑limited resources; the '727 spec itself says "The RAN has a maximum set of available resource… must be rationally divided"); RFC 2597 (three AF drop precedences → graceful degradation within a class) | Motivation: a resource‑limited radio link routinely cannot honor every request; the known technique is graceful degradation to a lower class/precedence rather than binary admission/rejection. KSR "known technique to improve similar devices." |
| BSC maps the packet indicator to a set of RAN resources ("precedence levels") | RFC 2597/2598 (class + drop‑precedence structure) in view of the RRM/MAC parameter set that the '727 itself reproduces (radio bandwidth, FER/power, MAC delay, MAC timer, max burst size) | Motivation: mapping a service class to a scheduler's weights/delays is the ordinary work of an RRM engineer; the parameters listed are the standard knobs. Obvious design choice (MPEP 2144.04). |
| Subscriber‑class‑restricted precedence (gold/silver/bronze; gold = levels 0‑2, etc.) | HLR/VLR subscriber profile (admitted; the '727 spec: "The Priority is defined in the subscriber profile that is stored in the HLR/VLR to indicate service differentiation among mobile users") in view of RFC 2475 policy enforcement | Motivation: operators must enforce entitlement (billing/policy) at the same boundary where they enforce QoS. Combining a known subscriber‑profile lookup with a known class mapper is routine. |
| On partial allocation, the BSC "respond[s] to the PDSN indicating the partial allocation" (ACK/NACK signalling) | IOS R‑P signalling (A11 session/registration messaging) — protocol‑design routine | Motivation: any two‑party resource negotiation needs a confirm/deny message. Obviousness of a signalling message where the functional need is plain (KSR). |
| PDSN "remarks" the packet (and subsequent packets) with the new indicator | RFC 2475 § 2.3.3 — traffic conditioning marking/re‑marking at a DS boundary node; RFC 2474 (the DS field is writable by a forwarding node) | This is the single most vulnerable limitation. DiffServ's architecture expressly contemplates re‑marking packets whose class is not honored — including re‑marking of all subsequent packets in a microflow. Motivation: keep downstream/core signaling consistent with the service actually being delivered, and prevent the source from getting undeserved treatment. |
| Encapsulating the IP packet in an R‑P packet carrying an "R‑P SQL indicator" | RFC 2983 (DS treatment of tunneled traffic — inner vs. outer header) in view of IS‑835/IOS encapsulation of IP packets in R‑P frames | Motivation: once the architecture tunnels IP in R‑P, propagating the class into the tunnel header so the tunnel can honor it is the express teaching of RFC 2983. (Verify RFC 2983's Oct 2000 date against the critical date.) |
| Reverse link: BSC determines the allocated RAN resources, maps them to a RAN SQL indicator, and "when the packet … does not correspond … indicate[s] to the PDSN a new packet … indicator" | RFC 2475 boundary re‑marking + trusted/untrusted marking in view of IOS reverse‑link R‑P encapsulation | Motivation: the MS is an untrusted marker. Re‑marking at the first trusted node is the stated purpose of boundary re‑marking. The PDSN is the natural second check (the spec says the PDSN may consult the user profile). |
| Dynamic re‑allocation when the indicator changes mid‑session | RFC 2475 (dynamic per‑packet classes) + RRM re‑allocation | Motivation: bursty data traffic with changing classes is the problem the art already recognized; re‑allocating resources on a class change is a predictable variation. |
Combination statements (formal):
- Combination A (forward link): IS‑835 / IOS in view of RFC 2475 in view of RFC 2597.
- Combination B (forward link, tunnel encapsulation): Combination A further in view of RFC 2983 (if its date is confirmed).
- Combination C (reverse link): RFC 2475 (boundary re‑marking, trusted/untrusted marking) in view of IS‑835 / IOS in view of RFC 2474.
- Combination D (subscriber‑class mapping): Combination A further in view of HLR/VLR subscriber‑profile service differentiation (admitted art) and RFC 2597's multi‑precedence per class.
6. Why a PHOSITA would have been motivated to combine (the KSR rationales)
- The stated problem itself supplies the motivation. The '727 Background frames the problem as: IP networks differentiate service by a packet‑carried indicator; the RAN does not. A PHOSITA reading that framing in November 2000 would have been led directly to a solution that maps the packet indicator onto radio resources. Where the problem is the motivation, KSR forecloses a "no motivation" argument.
- End‑to‑end QoS is a single system‑level goal. RFC 2475 and the cdma2000 standards both exist to deliver a service class across heterogeneous domains. Combining a DS‑domain boundary function with an access‑network resource manager is not an act of invention — it is the entire purpose of the two bodies of work.
- Both systems are class‑based and structurally parallel. DS codepoints ↔ RAN precedence levels; DS PHBs / drop precedence ↔ MAC parameters (bandwidth, delay, FER/power, burst). Mapping one enumeration onto another enumeration is a predictable variation with a reasonable expectation of success.
- "Remarking" was an express, named technique in the prior art. RFC 2475's traffic‑conditioning model is marking/metering/shaping/dropping at a boundary. The single most "inventive‑looking" limitation in the '727 claims — re‑marking the packet when the radio domain cannot honor the class — is a textbook application of that known technique.
- Graceful degradation was known. RFC 2597's three drop precedences within a single AF class directly teaches the "partial allocation / next‑best precedence" behavior. That is the claimed "partial allocation → indicate new indicator" loop in standards form.
- No unexpected result is claimed or described. The '727 describes only conventional benefits ("highly efficient mechanism for managing RAN resources") — the expected result of the combination, not a surprising one.
7. Likely counter‑arguments and how they fare
| Patent owner argument | Assessment |
|---|---|
| "The prior art is either IP‑QoS or wireless — nothing bridges them." | Weak. RFC 2475 exists for inter‑domain QoS, and IS‑835 exists for PDSN↔RAN IP service. Bridging is the stated purpose of both. |
| "The R‑P SQL indicator is new." | Weak on the merits; the concept of carrying class information in a tunnel/outer header is taught by RFC 2983 (date permitting) and is an obvious design choice for an encapsulating protocol. |
"The precedence intermediate parameter (bridging Priority and DS codepoint) is the invention." |
Weak. The spec itself describes "Precedence" as a MAC‑layer parameter stored in the RRM function — i.e., a pre‑existing artifact — and describes the bridging as a mapping table built by "scientific analysis such as simulations." Design‑choice territory. |
| "No motivation to combine — different fields." | Fails under KSR; the fields are complementary, not remote, and the problem statement in the Background supplies the motivation. |
| Secondary considerations (commercial success, long‑felt need, copying, praise) | None found. I located no litigation asserting the patent, no license/copying evidence, and the patent is expired (adjusted expiration 2024‑02‑17). On this record, no objective indicia rebut the § 103 case. (Caveat: "absence of evidence" here is based on the same incomplete searches noted in the earlier Litigation section; it is not an affirmative negative finding.) |
8. Bottom line
A strong prima facie § 103 case exists against the independent claims.
- The forward‑link families (PDSN‑side and BSC/PCF‑side) appear obvious over IS‑835 / IOS in view of DiffServ RFC 2474 and RFC 2475, further in view of RFC 2597. The only arguably narrow limitation — re‑marking the packet SQL indicator on partial allocation — is taught outright by RFC 2475's boundary‑node re‑marking model.
- The reverse‑link family appears obvious over RFC 2475 (untrusted‑marker re‑marking at a boundary node) in view of IS‑835 / IOS, with the MS's marking being the classic untrusted marking RFC 2475 addresses.
- The PCF/BSC/CRM claims appear obvious because their added content is functional/architectural (an interface to the BSC and to the PDSN, and instructions to "attempt to allocate") — met by the same combination, with the interface recitations being obvious design choices given the admitted cdma2000 architecture.
- The strongest defensive position for the patent owner, if any, would rest on a narrow construction of the specific precedence‑level mapping and partial‑allocation reporting as a defined, closed loop. But because the spec characterizes those as routine RRM/table‑building exercises, that position is fragile.
Confidence: moderate. The legal framework and the DiffServ/admitted‑art mappings are solid, but I could not retrieve (i) the authoritative claim 1 text or (ii) the patent's actual front‑page References Cited list, both of which are needed to finalize which specific references to assert.
9. Verification checklist (required before reliance)
- Retrieve the issued‑patent PDF and transcribe claims 1–46 verbatim (the current snippet text is incomplete and unverified).
- Retrieve the front‑page "References Cited" table from the USPTO Patent Center / issued PDF and reconcile it with § 4.3 above.
- Confirm the § 102(e)/filing dates of US 6,636,502; 6,728,365; 6,735,175; 6,760,312; 6,765,909; 6,801,776; 6,886,043.
- Confirm the publication date of RFC 2983 (Oct 2000) and of the IS‑835 edition relied upon.
- Confirm whether the TR‑45 IOS version cited in the '727 spec (PN‑4545‑RV‑A, Dec 2000) post‑dates the application — and substitute the earlier IOS edition if so.
- Do not cite US 6,980,523 in any § 103 combination; it is post‑dated.
- Re‑run the RPX Insight / Unified Patents / PACER checks noted in the unsupported earlier section to confirm the negative on litigation and on any IPR/ex parte reexamination that would have addressed the same art.
Generated 9/30/2026, 10:55:25 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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