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

July 18, 2019

Organizations that are working with artificial intelligence (AI) or machine learning (ML) have, on average, four AI/ML projects in place, according to a recent survey by Gartner, Inc. Of all respondents, 59% said they have AI deployed today ...

July 17, 2019

The 11th anniversary of the Apple App Store frames a momentous time period in how we interact with each other and the services upon which we have come to rely. Even so, we continue to have our in-app mobile experiences marred by poor performance and instability. Apple has done little to help, and other tools provide little to no visibility and benchmarks on which to prioritize our efforts outside of crashes ...

July 16, 2019

Confidence in artificial intelligence (AI) and its ability to enhance network operations is high, but only if the issue of bias is tackled. Service providers (68%) are most concerned about the bias impact of "bad or incomplete data sets," since effective AI requires clean, high quality, unbiased data, according to a new survey of communication service providers ...

July 15, 2019

Every internet connected network needs a visibility platform for traffic monitoring, information security and infrastructure security. To accomplish this, most enterprise networks utilize from four to seven specialized tools on network links in order to monitor, capture and analyze traffic. Connecting tools to live links with TAPs allow network managers to safely see, analyze and protect traffic without compromising network reliability. However, like most networking equipment it's critical that installation and configuration are done properly ...

July 11, 2019

The Democratic presidential debates are likely to have many people switching back-and-forth between live streams over the coming months. This is going to be especially true in the days before and after each debate, which will mean many office networks are likely to see a greater share of their total capacity going to streaming news services than ever before ...

July 10, 2019

Monitoring of heating, ventilation and air conditioning (HVAC) infrastructures has become a key concern over the last several years. Modern versions of these systems need continual monitoring to stay energy efficient and deliver satisfactory comfort to building occupants. This is because there are a large number of environmental sensors and motorized control systems within HVAC systems. Proper monitoring helps maintain a consistent temperature to reduce energy and maintenance costs for this type of infrastructure ...

July 09, 2019

Shoppers won’t wait for retailers, according to a new research report titled, 2019 Retailer Website Performance Evaluation: Are Retail Websites Meeting Shopper Expectations? from Yottaa ...

June 27, 2019

Customer satisfaction and retention were the top concerns for a majority (58%) of IT leaders when suffering downtime or outages, according to a survey of top IT leaders conducted by AIOps Exchange. The effect of service interruptions on customers outweighed other concerns such as loss of revenue, brand reputation, negative press coverage, or the impact on IT Ops teams.

June 26, 2019

It is inevitable that employee productivity and the quality of customer experiences suffer as a consequence of the poor performance of O365. The quick detection and rapid resolution of problems associated with O365 are top of mind for any organization to keep its business humming ...

June 25, 2019

Employees at British businesses rate computer downtime as the most significant irritant at their current workplace (41 percent) when asked to pick their top three ...