BMC Announces Resolution of Patent Infringement Disputes Against ServiceNow
April 25, 2016
Share this

BMC announced that intellectual property (IP) and patent infringement disputes with Santa Clara, California-based ServiceNow, Inc. have been resolved to the mutual satisfaction of both parties.

While specific terms of the settlement are confidential, ServiceNow announced on April 13, that it entered into a covenant not to sue for patent infringement with BMC for a term and took aggregate charges of $270 million for litigation settlement expenses related to its litigation associated with BMC and Hewlett Packard Enterprise.

Prior to the resolution, BMC had received a favorable Markman ruling in BMC Software, Inc. v. ServiceNow, Inc., No. 2:14-cv-903, in the U.S. District Court for the Eastern District of Texas in Marshall. In the ruling, the court issued determinations for more than 50 terms and phrases from all seven BMC patents in the lawsuit.

“I’m very pleased that all three of our pending patent infringement disputes against ServiceNow have been resolved to our satisfaction,” said Patrick Tagtow, General Counsel of BMC. “In addition to this trial in the U.S., BMC had filed similar additional suits against ServiceNow in the U.S. and Germany. We have a long, rich history of innovation. With our best-in-class digital IT solutions portfolio, today we are enabling our customers to transform their businesses into digital enterprises. We will continue to invest in these market-leading solutions and will vigorously defend those investments where required for the benefit of our customers and shareholders.”

ServiceNow had been accused by BMC of infringing on eleven of the patents in BMC’s portfolio of more than 476 granted and pending patents — specifically, U.S. Patent Nos. 5,978,594; 6,816,898; 6,895,586; 7,062,683; 7,617,073; 8,646,093; 8,674,992; 7,877,783; 8,554,750; and 7,966,398 as well as EP 1444807.

Share this

The Latest

December 13, 2018

The Holiday Season is the time for the annual list of Application Performance Management (APM) predictions. Industry experts offer thoughtful, insightful, and often controversial predictions on how APM and related technologies will evolve and impact business in 2019. A forecast by the top minds in Application Performance Management today, here are the predictions ...

December 12, 2018

Nine out of ten (89 percent) companies expect their IT budgets to grow or remain flat in 2019. Although factors driving budget increases vary significantly by company size, 64 percent of those planning to increase budgets are doing so to upgrade outdated IT infrastructure, according to the 2019 State of IT Budgets report from Spiceworks ...

December 11, 2018

Gartner highlighted the key technologies and trends that infrastructure and operations (I&O) leaders must start preparing for to support digital infrastructure in 2019 ...

December 07, 2018

As more organizations embrace digital business, infrastructure and operations (I&O) leaders will need to evolve their strategies and skills to provide an agile infrastructure for their business. In fact, Gartner, Inc. said that 75 percent of I&O leaders are not prepared with the skills, behaviors or cultural presence needed over the next two to three years ...

December 06, 2018

Today there is an urgent need for Agents of Transformation, a new breed of technologist, primed to drive innovation and enable companies to thrive in the face of rapid technological advancement, according to The Agents of Transformation Report from AppDynamics, a Cisco company ...

December 05, 2018

One in four Global Fortune 2000 enterprises rank Internet of Things (IoT) deployment as the most important initiative in their organization, yet 90% experience barriers to effective implementation and expansion due to lack of IoT expertise and skills in-house, according to a new independent survey from VansonBourne ...

December 04, 2018

Nearly three-quarters (74%) of IT leaders are concerned that Internet of Things (IoT) performance problems could directly impact business operations and significantly damage revenues, according to a new report, entitled Overcoming the Complexity of Web-Scale IoT Applications: The Top 5 Challenges ...

December 03, 2018

Gartner highlighted the top strategic Internet of Things (IoT) technology trends that will drive digital business innovation from 2018 through 2023 ...

November 30, 2018

While 95 percent of organizations have a disaster recovery plan in place, 23 percent never test their plan, according to a new survey from Spiceworks ...

November 29, 2018

Cloud computing has clear and definite benefits. At the same time there is an excessive amount of vendor hype that it will fix a lot of problems which it will not. It can also create new problems with a lack of visibility and many IT professionals are disappointed with their leap to a pure cloud environment ...