Skip to main content

BMC Software Sues ServiceNow for Patent Infringement

BMC Software has filed a patent infringement lawsuit in the US District Court for the Eastern District of Texas against ServiceNow.

According to the lawsuit filed Sept. 23, 2014, ServiceNow has built much of its business around the infringement of BMC’s patented technologies. In the filing, BMC claims its patents are being violated by products that comprise core elements of ServiceNow’s IT management offerings, including:

- Incident Management and Problem Management
- Performance Analytics
- Configuration Management, including ServiceNow’s Configuration Management Database (CMDB)
- Discovery
- Orchestration
- Change and Release Management

ServiceNow is accused of violating seven different BMC patents issued by the US Patent and Trademark Office (USPTO). The case is BMC Software, Inc. v. ServiceNow, Inc., No. 2:14-cv-903, and was filed on behalf of BMC by the McKool Smith law firm.

BMC’s IT management innovations are the subject of more than 300 current and pending patents before the USPTO.

“BMC Software has invested billions of dollars and years of hard work in our innovative and foundational technology. We must protect our technology against those who would try to make it their own without permission,” says Patrick Tagtow, BMC’s General Counsel. “ServiceNow’s widespread infringement of BMC’s patents has left us with no choice but to go to court.”

The court filing lists ServiceNow’s product offerings, but points out that, unlike BMC, ServiceNow holds no patents of its own.

The Latest

For many B2B and B2C enterprise brands, technology isn't a core strength. Relying on overly complex architectures (like those that follow a pure MACH doctrine) has been flagged by industry leaders as a source of operational slowdown, creating bottlenecks that limit agility in volatile market conditions ...

FinOps champions crucial cross-departmental collaboration, uniting business, finance, technology and engineering leaders to demystify cloud expenses. Yet, too often, critical cost issues are softened into mere "recommendations" or "insights" — easy to ignore. But what if we adopted security's battle-tested strategy and reframed these as the urgent risks they truly are, demanding immediate action? ...

Two in three IT professionals now cite growing complexity as their top challenge — an urgent signal that the modernization curve may be getting too steep, according to the Rising to the Challenge survey from Checkmk ...

While IT leaders are becoming more comfortable and adept at balancing workloads across on-premises, colocation data centers and the public cloud, there's a key component missing: connectivity, according to the 2025 State of the Data Center Report from CoreSite ...

A perfect storm is brewing in cybersecurity — certificate lifespans shrinking to just 47 days while quantum computing threatens today's encryption. Organizations must embrace ephemeral trust and crypto-agility to survive this dual challenge ...

In MEAN TIME TO INSIGHT Episode 14, Shamus McGillicuddy, VP of Research, Network Infrastructure and Operations, at EMA discusses hybrid multi-cloud network observability... 

While companies adopt AI at a record pace, they also face the challenge of finding a smart and scalable way to manage its rapidly growing costs. This requires balancing the massive possibilities inherent in AI with the need to control cloud costs, aim for long-term profitability and optimize spending ...

Telecommunications is expanding at an unprecedented pace ... But progress brings complexity. As WanAware's 2025 Telecom Observability Benchmark Report reveals, many operators are discovering that modernization requires more than physical build outs and CapEx — it also demands the tools and insights to manage, secure, and optimize this fast-growing infrastructure in real time ...

As businesses increasingly rely on high-performance applications to deliver seamless user experiences, the demand for fast, reliable, and scalable data storage systems has never been greater. Redis — an open-source, in-memory data structure store — has emerged as a popular choice for use cases ranging from caching to real-time analytics. But with great performance comes the need for vigilant monitoring ...

Kubernetes was not initially designed with AI's vast resource variability in mind, and the rapid rise of AI has exposed Kubernetes limitations, particularly when it comes to cost and resource efficiency. Indeed, AI workloads differ from traditional applications in that they require a staggering amount and variety of compute resources, and their consumption is far less consistent than traditional workloads ... Considering the speed of AI innovation, teams cannot afford to be bogged down by these constant infrastructure concerns. A solution is needed ...

BMC Software Sues ServiceNow for Patent Infringement

BMC Software has filed a patent infringement lawsuit in the US District Court for the Eastern District of Texas against ServiceNow.

According to the lawsuit filed Sept. 23, 2014, ServiceNow has built much of its business around the infringement of BMC’s patented technologies. In the filing, BMC claims its patents are being violated by products that comprise core elements of ServiceNow’s IT management offerings, including:

- Incident Management and Problem Management
- Performance Analytics
- Configuration Management, including ServiceNow’s Configuration Management Database (CMDB)
- Discovery
- Orchestration
- Change and Release Management

ServiceNow is accused of violating seven different BMC patents issued by the US Patent and Trademark Office (USPTO). The case is BMC Software, Inc. v. ServiceNow, Inc., No. 2:14-cv-903, and was filed on behalf of BMC by the McKool Smith law firm.

BMC’s IT management innovations are the subject of more than 300 current and pending patents before the USPTO.

“BMC Software has invested billions of dollars and years of hard work in our innovative and foundational technology. We must protect our technology against those who would try to make it their own without permission,” says Patrick Tagtow, BMC’s General Counsel. “ServiceNow’s widespread infringement of BMC’s patents has left us with no choice but to go to court.”

The court filing lists ServiceNow’s product offerings, but points out that, unlike BMC, ServiceNow holds no patents of its own.

The Latest

For many B2B and B2C enterprise brands, technology isn't a core strength. Relying on overly complex architectures (like those that follow a pure MACH doctrine) has been flagged by industry leaders as a source of operational slowdown, creating bottlenecks that limit agility in volatile market conditions ...

FinOps champions crucial cross-departmental collaboration, uniting business, finance, technology and engineering leaders to demystify cloud expenses. Yet, too often, critical cost issues are softened into mere "recommendations" or "insights" — easy to ignore. But what if we adopted security's battle-tested strategy and reframed these as the urgent risks they truly are, demanding immediate action? ...

Two in three IT professionals now cite growing complexity as their top challenge — an urgent signal that the modernization curve may be getting too steep, according to the Rising to the Challenge survey from Checkmk ...

While IT leaders are becoming more comfortable and adept at balancing workloads across on-premises, colocation data centers and the public cloud, there's a key component missing: connectivity, according to the 2025 State of the Data Center Report from CoreSite ...

A perfect storm is brewing in cybersecurity — certificate lifespans shrinking to just 47 days while quantum computing threatens today's encryption. Organizations must embrace ephemeral trust and crypto-agility to survive this dual challenge ...

In MEAN TIME TO INSIGHT Episode 14, Shamus McGillicuddy, VP of Research, Network Infrastructure and Operations, at EMA discusses hybrid multi-cloud network observability... 

While companies adopt AI at a record pace, they also face the challenge of finding a smart and scalable way to manage its rapidly growing costs. This requires balancing the massive possibilities inherent in AI with the need to control cloud costs, aim for long-term profitability and optimize spending ...

Telecommunications is expanding at an unprecedented pace ... But progress brings complexity. As WanAware's 2025 Telecom Observability Benchmark Report reveals, many operators are discovering that modernization requires more than physical build outs and CapEx — it also demands the tools and insights to manage, secure, and optimize this fast-growing infrastructure in real time ...

As businesses increasingly rely on high-performance applications to deliver seamless user experiences, the demand for fast, reliable, and scalable data storage systems has never been greater. Redis — an open-source, in-memory data structure store — has emerged as a popular choice for use cases ranging from caching to real-time analytics. But with great performance comes the need for vigilant monitoring ...

Kubernetes was not initially designed with AI's vast resource variability in mind, and the rapid rise of AI has exposed Kubernetes limitations, particularly when it comes to cost and resource efficiency. Indeed, AI workloads differ from traditional applications in that they require a staggering amount and variety of compute resources, and their consumption is far less consistent than traditional workloads ... Considering the speed of AI innovation, teams cannot afford to be bogged down by these constant infrastructure concerns. A solution is needed ...