Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 1 of 21
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`
`
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`Exhibit A
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`

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`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 2 of 21
`I 1111111111111111 11111 lllll lllll lllll lllll lllll lllll lllll 111111111111111111
`US006832249B2
`
`(12) United States Patent
`Ciscon et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 6,832,249 B2
`Dec.14,2004
`
`(54) GLOBALLY ACCESSIBLE COMPUTER
`NETWORK-BASED BROADBAND
`COMMUNICATION SYSTEM WITH
`USER-CONTROLLABLE QUALITY OF
`INFORMATION DELIVERY AND FLOW
`PRIORITY
`
`(75)
`
`Inventors: Larry Ciscon, Houston, TX (US);
`Steven Reynolds, Houston, TX (US); F.
`Scott Yeager, Sugarland, TX (US)
`
`(73) Assignee: Intellectual Ventures Patent Holdings
`III, LLC, Bellevue, WA (US)
`
`( *) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 719 days.
`
`(21) Appl. No.: 09/860,801
`May 18, 2001
`
`(22) Filed:
`
`(65)
`
`Prior Publication Data
`
`US 2002/0004827 Al Jan. 10, 2002
`
`Related U.S. Application Data
`(60) Provisional application No. 60/205,529, filed on May 19,
`2000.
`
`Int. Cl.7 ................................................ G06F 13/00
`(51)
`(52) U.S. Cl. ....................................................... 709/223
`(58) Field of Search ................................. 709/200, 223;
`370/328, 338, 903
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`6,747,968 Bl * 6/2004 Seppala et al.
`* cited by examiner
`
`............. 370/338
`
`Primary Examiner-Robert B. Harrell
`(74) Attorney, Agent, or Firm-Wong,
`Rutherford & Brucculeri, LLP
`
`(57)
`
`ABSTRACT
`
`Cabello, Lutsch,
`
`A method for providing broadband communications over a
`multi-layered network having a plurality of Open System
`Interconnection (OSI) Reference Model layers functioning
`therein includes monitoring at least one OSI reference model
`layer functioning in the multi-layered network. A quality of
`service event is determined whether to have occurred in the
`multi-layered network. The quality of service event is deter(cid:173)
`mined to have occurred at a layer N in the OSI reference
`model. Network provisioning is changed at a layer less than
`N in response to the quality of service event, and a signal is
`provided when the network provisioning at the layer less
`than N has been changed. A system for providing broadband
`communications includes a multi-layered network, a net(cid:173)
`work monitor, and a network controller. The multi-layered
`network has a plurality of Open System Interconnection
`(OSI) reference model layers functioning therein. The net(cid:173)
`work monitor is coupled to the multi-layered network, and
`the network monitor is adapted to monitor at least one OSI
`reference model layer functioning in the multi-layered
`network, determine that a quality of service event has
`occurred in the multi-layer network, and determine that the
`quality of service event occurred at a layer N in the OSI
`reference model. The network controller is coupled to the
`multi-layered network, and the network monitor is adapted
`to respond to the quality of service event in the multi-layered
`network by changing the network provisioning at a layer less
`than N.
`
`49 Claims, 8 Drawing Sheets
`
`Monitor at least one OSI reference model layer
`operating in a multi-layered network.
`400
`
`I
`Determine that a quality-of-service event has
`occurred in the multi-layered network.
`404
`
`I
`Determine that the quality-of-service event occurred
`at a layer N in the OSI Reference Model.
`408
`
`I
`
`Respond to the quality-of-service event in the multi-
`layered network by changing network provisioning at
`a layer less than N.
`412
`
`I
`
`Signal that the network provisioning at the layer less
`than N has been updated.
`416
`
`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 3 of 21
`
`U.S. Patent
`
`Dec.14,2004
`
`Sheet 1 of 8
`
`US 6,832,249 B2
`
`108
`
`(
`
`140
`
`112
`
`User
`
`116
`
`User
`
`Local
`Loop
`
`IP Layer 3
`
`Local
`Loop
`
`ATM/Frame Relay Layer 2
`
`Circuit/Fiber Layer 1
`~--- ----------------------------·
`
`128
`
`132
`
`100
`
`136
`
`104
`
`Figure 1
`(Prior Art)
`
`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 4 of 21
`
`U.S. Patent
`
`Dec. 14, 2004
`
`Sheet 2 of 8
`
`US 6,832,249 B2
`
`204
`
`._____ _
`
`Layer 7 - The Application Layer
`
`Layer 6 - The Presentation Layer
`
`j }
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`__Jr
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`208
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`212
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`.____ ____ L_a_y_e_r s_-T_h_e_s_e_s_s_io_n_L_a_ye_r ____ ___Jy
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`216
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`
`220
`
`._____ ____ L_a_y_er_3_-T_h_e_N_e_tw_or_k_L_a_ye_r ____ ___J~
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`224
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`228
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`.____ ____ L_a_y_er_1_-_T_h_e_P_h_y_si_ca_1_L_a_ye_r ____ ___.y
`
`Figure 2
`(Prior Art)
`
`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 5 of 21
`
`U.S. Patent
`
`Dec. 14, 2004
`
`Sheet 3 of 8
`
`US 6,832,249 B2
`
`300
`
`(
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`,,
`
`Network
`Controller
`304
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`312
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`I Layer 7
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`Element
`314
`
`Figure 3
`
`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 6 of 21
`
`U.S. Patent
`
`Dec. 14, 2004
`
`Sheet 4 of 8
`
`US 6,832,249 B2
`
`Monitor at least one OSI reference model layer
`operating in a multi-layered network.
`400
`
`Determine that a quality-of-service event has
`occurred in the multi-layered network.
`404
`
`Determine that the quality-of-service event occurred
`at a layer N in the OSI Reference Model.
`408
`
`Respond to the quality-of-service event in the multi-
`layered network by changing network provisioning at
`a layer less than N.
`412
`
`Signal that the network provisioning at the layer less
`than N has been updated.
`416
`
`Figure 4
`
`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 7 of 21
`
`U.S. Patent
`
`Dec. 14, 2004
`
`Sheet 5 of 8
`
`US 6,832,249 B2
`
`500
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`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 8 of 21
`
`U.S. Patent
`
`Dec.14,2004
`
`Sheet 6 of 8
`
`US 6,832,249 B2
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`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 9 of 21
`
`U.S. Patent
`
`Dec.14,2004
`
`Sheet 7 of 8
`
`US 6,832,249 B2
`
`600
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`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 10 of 21
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`U.S. Patent
`
`Dec.14,2004
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`Sheet 8 of 8
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`US 6,832,249 B2
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`Figure 6D
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`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 11 of 21
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`US 6,832,249 B2
`
`1
`GLOBALLY ACCESSIBLE COMPUTER
`NETWORK-BASED BROADBAND
`COMMUNICATION SYSTEM WITH
`USER-CONTROLLABLE QUALITY OF
`INFORMATION DELIVERY AND FLOW
`PRIORITY
`
`This application claims the benefit of U.S. Provisional
`Application No. 60/205,529 filed May 19, 2000.
`
`BACKGROUND OF THE INVENTION
`
`1. Field of the Invention
`The present invention relates generally to a communica(cid:173)
`tion system that operates in association with a globally
`accessible computer network, such as the Internet, and, more
`particularly, to a multi-layered communication system that is
`implemented with a broadband communications platform
`that enables quality of application service delivery and user
`control over the priority of information delivery flow.
`2. Description of the Related Art
`The Internet has become vital to both businesses and
`consumers. The initial role of the Internet as an information
`tool has led to explosive adoption of its use; however, the
`massive growth of the Internet has outpaced the capabilities
`of its infrastructure. Content providers have moved from
`providing static information to distributing applications that
`consume large amounts of bandwidth.
`The delivery of high quality service to an end user while
`maintaining an ability to provide a significant increase in
`bandwidth over a global reach is an unmet challenge of
`contemporary communication systems. The public Internet
`is plagued with user problems such as congestion (too many
`users) and latency (long pauses and delays) and is, therefore,
`unable to support an increase in communication network
`traffic resulting from the presence of additional users and the
`advent of rich media applications. Deterministic applica(cid:173)
`tions include, for example, media rich content, low latency
`applications, and other applications requiring mission criti-
`cal delivery scheduling. Several causes of user problems are 40
`deliberate off-loading and routing of data traffic through
`congestion points, inadequate security, and lost information
`resulting from the currently used best-effort routing prac(cid:173)
`tices.
`The structural layers of the Internet, which include net(cid:173)
`work providers, service providers, software providers, and
`content providers, work independently and thereby create an
`infrastructure based on individual convenience and legacy
`systems without consideration of the interaction among the
`constituent participants. Telecommunication carriers have 50
`networks optimized for voice but not data. Internet Service
`Providers (ISPs) oversubscribe their networks in an effort to
`achieve or sustain profitability. The public Internet is,
`therefore, a fundamentally flawed model from a financial,
`business, and technological perspective for the delivery of 55
`low latency, high throughput applications, such as media
`rich content and other deterministic applications.
`Moreover, the Internet has a different set of transmission
`issues from those faced by Local Area Networks (LANs),
`Metropolitan Area Networks (MANs), and Wide Area Net(cid:173)
`works (WANs). LANs include directories that authorize
`LAN end-users to use applications or obtain information.
`The directory is a baseline component of the functionality
`that comes with LAN connectivity. LANs have historically
`been more important to businesses than residences because 65
`LANs enable enterprise-wide applications. MANs facilitate
`the interconnection of corporate LANs between buildings in
`
`2
`a city as well as enable the interconnection of corporate
`networks to a WAN for voice and data traffic. They are also
`the local loop infrastructure that connects end users to the
`Internet. WANs serve as the backbone for corporations that
`5 operate in multiple cities and are the national or global
`networks that connect the majority of users. Public WANs,
`which serve as the Internet backbone, have large amounts of
`available bandwidth; however, no widely used routing sys(cid:173)
`tem exists that avoids the congestion and best efforts deliv-
`10 ery method of today's Internet.
`The Internet at numerous points has congestion that
`results from "peering" and commercially expedient routing
`policies at the peering points, such as Metropolitan Area
`Exchanges (MAEs), where there is no economic incentive to
`15 carry traffic over any particular equipment backbone struc(cid:173)
`ture. Peering routing is a consequence of the practice of
`multiple service providers (SPs) using their routers to
`exchange information transmission routes with one another.
`Commercially expedient routing is the practice of an SP
`20 choosing a nearest location to transfer applications, irrespec(cid:173)
`tive quality of service considerations. Thus, the finite num(cid:173)
`ber of available locations for exchanging information
`becomes overly congested because application routing is
`motivated by commercial, not quality of service control,
`25 considerations.
`The Internet operates with end users by way up dial-up
`modems or LANs connected by an ISP local loop and
`thereby create over the LAN a load that typically exceeds the
`speed capability of the local loop. The consequence is that
`30 simple, high capacity bandwidth within the Internet by way
`of any ISP of rudimentary quality of service is insufficient to
`create a low latency, deterministic network solution. The
`demands exerted on infrastructure support required by, for
`example, 10 million users simultaneously on line from all
`35 branches of the Internet currently present a difficult band(cid:173)
`width load management challenge, which promises to
`worsen as broadband applications gain popularity and
`increase in usage.
`What is needed, therefore, is a broadband communication
`system that can consistently deliver deterministic
`applications, irrespective of network-to-network architec(cid:173)
`ture complications.
`The present invention is directed to overcoming, or at
`45 least reducing the effects of, one or more of the problems set
`forth above.
`
`SUMMARY OF THE INVENTION
`
`In one aspect of the present invention, a method for
`providing broadband communications over a multi-layered
`network having a plurality of Open System Interconnection
`(OSI) Reference Model layers functioning therein is pro(cid:173)
`vided. The method includes monitoring at least one OSI
`reference model layer functioning in the multi-layered net-
`work. A quality of service event is determined whether to
`have occurred in the multi-layered network. The quality of
`service event is determined to have occurred at a layer Nin
`the OSI reference model. Network provisioning is changed
`at a layer less than N in response to the quality of service
`60 event, and a signal is provided when the network provision(cid:173)
`ing at the layer less than N has been changed.
`In another aspect of the present invention, a system is
`provided. The system includes a multi-layered network, a
`network monitor, and a network controller. The multi(cid:173)
`layered network has a plurality of Open System Intercon(cid:173)
`nection (OSI) reference model layers functioning therein.
`The network monitor is coupled to the multi-layered
`
`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 12 of 21
`
`US 6,832,249 B2
`
`3
`network, and the network monitor is adapted to monitor at
`least one OSI reference model layer functioning in the
`multi-layered network, determine that a quality of service
`event has occurred in the multi-layer network, and determine
`that the quality of service event occurred at a layer Nin the
`OSI reference model. The network controller is coupled to
`the multi-layered network, and the network monitor is
`adapted to respond to the quality of service event in the
`multi-layered network by changing the network provision(cid:173)
`ing at a layer less than N.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`10
`
`The invention may be best understood by reference to the
`following description taken in conjunction with the accom(cid:173)
`panying drawings, in which like reference numerals identify
`like elements, and in which:
`FIG. 1 illustrates a simplified prior art communication
`system;
`FIG. 2 illustrates the functional layers of the Open System
`Interconnection (OSI) reference model;
`FIG. 3 is a simplified block diagram of an illustrative
`network control system;
`FIG. 4 is a simplified block diagram illustrating one
`exemplary process for the network control system, illus(cid:173)
`trated in FIG. 3, in accordance with one aspect of the present
`invention;
`FIGS. 5A-5C illustrate an exemplary communication
`system when viewed from different levels of the OSI refer-
`ence model;
`FIGS. 6A-6D illustrate another exemplary communica(cid:173)
`tion system when viewed from different levels of the OSI
`reference model.
`While the invention is susceptible to various modifica- 35
`tions and alternative forms, specific embodiments thereof
`have been shown by way of example in the drawings and are
`herein described in detail. It should be understood, however,
`that the description herein of specific embodiments is not
`intended to limit the invention to the particular forms 40
`disclosed, but on the contrary, the intention is to cover all
`modifications, equivalents, and alternatives falling within
`the spirit and scope of the invention as defined by the
`appended claims.
`
`30
`
`4
`of their networks, and more control by content providers
`over costs and the experiences they provide to their users.
`Referring to FIG. 1, a prior art application data flow path
`100 through functional layers 104 of a communication
`5 system 108, such as the Internet, is shown. The basis of the
`functional layers 104 is the Open System Interconnection
`(OSI) model. In this model, information may be communi(cid:173)
`cated between first and second users 112, 116 by traversing
`through the functional layers 104 as shown.
`Referring to FIG. 2, an illustrative block diagram 200 of
`the OSI reference model is shown. Those skilled in the art
`will appreciate that the OSI reference model is comprised of
`seven separate layers (four of which are illustrated in FIG.
`1.) The seven layers of the OSI model include an application
`15 layer 204, a presentation layer 208, a session layer 212, a
`transport layer 216, a network layer 220, a data link layer
`224, and a physical layer 228. This model provides a useful
`reference when describing the various functions that may be
`involved in sending data across any communication system,
`20 such as the Internet. Moreover, those skilled in the art will
`appreciate that sending data across a communication system
`may require traversing any number of the functional layers
`of the OSI reference model. Furthermore, it may be appre(cid:173)
`ciated that the communication resources ( e.g., network
`25 devices, programs, protocols, hardware, software, etc.) in a
`multi-layered communication system may be described, at
`least in part, by where they fit in the OSI reference model.
`The physical layer 228 is layer 1 in the OSI reference
`model. This layer encompasses the physical features of
`sending data over communication lines. For example, layer
`1 may be associated with coaxial cables, fiber lines, category
`1-5 cables, and the like.
`The data link layer 224 is layer 2 in the OSI reference
`model. This layer encompasses procedures concentrated on
`the operation of communication lines. Error identification
`and correction are also functions of this layer. Layer 2 may
`include SLIP, PPP, Ethernet, and the like.
`The network layer 220 is layer 3 in the OSI reference
`model. This layer establishes how data is transmitted
`between workstations, including the routing of data. Layer 3
`may include IPV6, IPV4, and the like.
`The transport layer 216 is layer 4 in the OSI reference
`model. This layer directs the processes for end-to-end trans-
`45 fer of information inside and between networks, including
`error recovery and flow control. Layer 4 may include TCP,
`UDP, and the like.
`The session layer 212 is layer 5 in the OSI reference
`model. The layer controls communication resources and
`50 manages dialogue and the directions of information flow.
`Layer 5 may include POP/25, 532, RPC Portmapper, and the
`like.
`The presentation layer 208 is layer 6 in the OSI reference
`model. This layer allows different systems to communicate
`by converting the information format of an individual sys(cid:173)
`tem into a standard configuration. Layer 6 may include
`HTTP, FTP, SMTP, and the like.
`The application layer 204 is layer 7 in the OSI reference
`model. This layer includes protocols for specific application
`services and encloses virtual terminal software. File transfer
`may also occur with events at the application layer. Layer 7
`may include e-mail, newsgroups, web applications, and the
`like.
`Although illustrative examples have been given for each
`of the 7 layers in the OSI reference model, those skilled in
`the art will appreciate that many other communication
`
`DETAILED DESCRIPTION OF SPECIFIC
`EMBODIMENTS
`
`Illustrative embodiments of the invention are described
`below. In the interest of clarity, not all features of an actual
`implementation are described in this specification. It will of
`course be appreciated that in the development of any such
`actual embodiment, numerous implementation-specific
`decisions must be made to achieve the developers' specific
`goals, such as compliance with system-related and business(cid:173)
`related constraints, which will vary from one implementa- 55
`tion to another. Moreover, it will be appreciated that such a
`development effort might be complex and time-consuming,
`but would nevertheless be a routine undertaking for those of
`ordinary skill in the art having the benefit of this disclosure.
`The broadband communication services delivery afforded 60
`by the present invention enables quality of service control by
`content providers, Application Service Providers (ASPs),
`local loop carriers, ISPs, and, by extension, their customers.
`This is achieved through a quality of service-capable broad(cid:173)
`band system that augments the Internet. The result is more 65
`control by users over the priority of their information flow,
`more control by network administrators over the congestion
`
`

`

`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 13 of 21
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`US 6,832,249 B2
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`10
`
`15
`
`5
`resources may be categorized by where their functionality
`fits within the OSI reference model. Moreover, some com(cid:173)
`munication resources may not fit completely within one
`layer of the OSI reference model, that is, the functionality of
`some communication resources may be best categorized 5
`with reference to more than one OSI reference model layer.
`Nevertheless, most communication resources (e.g., routers,
`multiplexers, switches, data lines, application programs,
`software, hardware, etc.) may be substantially categorized
`within one of the layers of the OSI reference model.
`For the ease of illustrating the present invention, the
`layers of the OSI reference model may be expressed alge(cid:173)
`braically. For example, layer 3, the network layer 220, may
`be described illustratively as layer N. If this is the case, then
`the layer N-1 would be layer 2, the data link layer 224, and
`the layer N-2 would be layer 1, the physical layer 228.
`Similarly, if layer 3 is again expressed as layer N, then the
`layers less than N would be comprised of layer 2 and layer
`1. In another example, if layer 7, the application layer 204,
`is described illustratively as layer N, then the layer N-1
`would be layer 6, the presentation layer 208. Likewise, if 20
`layer 7 is described as layer N, then the layers less than N
`would include layers 6 through 1.
`Referring back to FIG. 1, the data flow path 100 is shown
`traversing 4 of the OSI functional layers 104. These layers 25
`include the application layer 120 (layer 7), the network layer
`124 (layer 3), the data link layer 126 (layer 2), and the
`physical layer 128 (layer 1.) Those skilled in the art will
`appreciate that the data path 100 does not necessarily have
`to flow through all 7 of the OSI layers, illustrated in FIG. 2,
`in order to facilitate a communication session between the
`first and second users 112, 116. Rather, the OSI layers
`traversed by the data flow path 100 may vary depending
`upon a variety of factors, such as the type of connection
`between the first and second users 112, 116, the topology of 35
`the communication link between the first and second users
`112, 116, the geographic location of the first and second
`users 112 116, the particular application sending the data,
`and the like.
`As described above, if the OSI layers 104 are expressed
`algebraically, in this example, layer 7 may be considered
`layer N, while the layers less than N may be the network
`layer 124 (layer 3), the data link layer 126 (layer 2), and the
`physical layer 128 (layer 1.) Similarly, layer 3 could be
`considered layer N, which would make the layers less than
`N the data link layer 126 (layer 2) and the physical layer 128
`(layer 1.)
`In this illustrative embodiment, each of the OSI reference
`model layers 104 may be implemented with an independent
`control system that operates under either central or distrib(cid:173)
`uted control. For example, the physical layer 128 (layer 1)
`may represent the provision of circuits that effects an end(cid:173)
`to-end connection between the first and second users 112,
`116 with an associated bandwidth, irrespective of the type of
`data or nature of the protocol. In the case of fiber optic cable,
`there may be multiple light transmissions wavelengths that
`provide separate information transmission channels. Carrier
`signal modulation and wavelength division multiplexing
`may also be carried out in layer 1. Layer 1 typically operates
`under control of a single computer that sends control signals 60
`to all devices in the layer.
`The network layer 124 (layer 3) may operate internally as
`a distributed IP layer under dynamic routing protocols in the
`absence of a centralized computer. The application layer 120
`(layer 7) may be a web browser sending HTTP protocol.
`Additionally, the first user 112 may be connected to a first
`local loop 132, and the second user 116 may be connected
`
`6
`to a second local loop 136. The local loops 132, 136 may be
`comprised of LANs that connect the first and second users
`112, 116 to the Internet. Although FIG. 1 is being described
`with reference to the Internet, it is contemplated that other
`communication systems (e.g., private Intranets, leased lines,
`etc.) may be used to send data between the first and second
`users 112, 116.
`The backbone services, which are represented by line 140,
`represent a WAN of multiple geographically distributed
`locations, the equipment of which implement segmented
`connectivity through the Internet. For example, each loca(cid:173)
`tion may operate equipment under an internal switching
`scheme that moves locally the transmitted information up
`and down the OSI layers. The WAN, therefore, may repre(cid:173)
`sent a network implementing a geographical progression of
`information transmitted up and down local OSI layers, such
`as the OSI layers 104 illustrated in FIG. 1.
`Internet users define their services offered in terms of the
`functional layers of the OSI model and accordingly dictate
`business strategies. With reference again to FIG. 1, as
`applications/content are sent between the first and second
`users 112, 116, the applications/content traverse each of the
`illustrated OSI layers 104 to travel from end to end of the
`communication system 108. Service offerings such as pri(cid:173)
`vate communication lines (circuits) or dark fiber may be
`available at Layer 1, so that an application developer must
`determine how to make the application function with TCP/
`IP, and a network architect for each application and project
`may determine whether to use ATM or Frame Relay trans(cid:173)
`mission. The product managers of the individual services,
`circuits, fiber, ATM, Frame Relay, or IPS services may
`define the particular service at the corresponding layer 104.
`Of course, much of this interaction occurs transparently to
`the first and second users 112, 116.
`The carrier service at an OSI reference layer is, typically,
`concerned only with how the end user or enterprise connects
`into its network at the correct points of demarcation on the
`network of the carrier service at that layer. There is usually
`no consideration of making the application work end-to-end
`up and down the OSI model stack 104 in any of these carrier
`class services.
`As a practical matter, no single OSI reference layer can
`resolve all of the quality of service and economic issues
`45 associated with delivering deterministic applications such as
`streaming media content across the local loops 132, 136 and
`the backbone 140 between the users 112, 116 by way of
`networks of multiple service providers. The application
`traverses up and down the OSI stack 104 and may need
`50 quality of service functions at several layers to achieve
`end-to-end quality of service at a price that is economical for
`connecting a target audience.
`Typically, the applications/content source needs to use
`more than one service (e.g., communication circuits, ATM
`55 and Frame Relay transmission technologies) from more than
`one OSI layer 104 to make the application reach all of the
`intended audiences that are dispersed geographically in
`different cities and countries across the world. No consistent
`policy exists to ensure quality of service in this approach.
`The present invention implements a different approach to
`the typical Internet model. The strategy of the present
`invention is to bridge the gaps between the layers of the OSI
`reference model, illustrated in FIG. 2.
`Referring to FIG. 3, an exemplary network control system
`65 300 ( control system) is shown. In this illustrative
`embodiment, the control system 300 may be comprised of a
`network controller 304, a network monitor 308, and a
`
`30
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`40
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`Case 1:20-cv-07529 Document 1-1 Filed 09/14/20 Page 14 of 21
`
`US 6,832,249 B2
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`7
`resource database 312. The network monitor 308 may be
`used to monitor a network element 314, which may be
`interconnected with other network elements (not shown)
`using communication links 318. Moreover, although only
`one network element 314 is shown, the network monitor 308 5
`may be coupled to a multitude of network elements 314,
`which may be interconnected using any number of commu(cid:173)
`nication links 318. Generally, the network elements 314
`function as nodes in a network, and the communication links
`318 may be used to interconnect the nodes. For example, in
`one illustrative embodiment, an exemplary network element
`314 may be located in AT&T's wide area network, and the
`communication links 318 may be used to interconnect the
`network element 314 with other network elements (not
`shown) in AT&T's wide area network. In another 15
`embodiment, the network element 314 may be located in a
`private network between two locations of a corporation
`(e.g., between Houston and Dallas), and the communication
`links 318 may represent the various circuits or communica(cid:173)
`tion routes that interconnect the network element 314 with 20
`other network elements (not shown) in the private network.
`In another example, the network element 314 may be a node
`in the Internet, and the communication links 318 may
`comprise the various communication paths that interconnect
`the network element 314 with other network elements (not 25
`shown) in the Internet.
`Although the complexities of the network monitor 308 are
`not shown, those skilled in the art will appreciate that the
`network monitor 308 may be comprised of a variety of
`known devices. Moreover, the specific hardware and soft- 30
`ware implementation of the network monitor 308 may vary
`depending upon the particular implementation. However, in
`one illustrative embodiment, the network monitor 308 is a
`Sun Netra Tl server operating using the Solaris operating
`system.
`The resource database 312 may be used to organize the
`functionality of the communication links 318 and the net(cid:173)
`work elements 314 according to the OSI reference model. In
`one illustrative embodiment, the communication resources
`of the network element 314 may be comprised of IP routers, 40
`ATM switches, fiber lines, application services, and the like.
`Accordingly, the communication resources may be orga(cid:173)
`nized in the resource database 312 according to their func(cid:173)
`tionality within the OSI reference model. For example, ATM
`switches may be categorize in the resource database 312 into 45
`layer 2, fiber lines may be categorized into layer 1, and
`application programs may be categorized in layer 7.
`The control system 300 is capable of recognizing that
`communication resources ( e.g., routers, fiber lines, ect.) may
`be shared or exclusive. Accordingly, the network monitor 50
`308 correlates the information of the various communication
`links 318 and presents it to the resource database 312 in a
`logical manner. For example, the network monitor 308 may
`need to combine information from communication resources
`at multiple OSI layers or combine information from com- 55
`munication resources in the same OSI layer. Moreover, the
`network monitor 308 may also collect topological informa(cid:173)
`tion related to the network element 314, and this information
`may also be included in the resource database 312. For
`example, the network monitor 308 may capture the site of 60
`location of a particular router, ATM sw