The basic answer to your question is "yes".  In general, in any dialog or 
usage, if a UA decides that it is terminated, for any reason than a message 
from the remote UA that states that the dialog/usage is termianted, the UA 
should send an explicit termiantion message.

In this case, if a UA receives a 408 response to an OPTIONS and decides that it 
must terminate the dialog, since it does not know that the remote UA knows that 
the dialog has been terminated, it should send a BYE.  Of course, there is no 
guarantee that the remote UA will see the BYE.

Of course, the CDRs at the two UAs will likely be different, but in the face of 
network outages, the two UAs will not always agree on the state of the dialog.

Dale

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