Menu
BMC Software files patent infringement lawsuit against ServiceNow

BMC Software files patent infringement lawsuit against ServiceNow

BMC claims that ServiceNow infringes patents in its core products

BMC Software has filed a patent infringement suit against ServiceNow, claiming its patents are violated by the rival's IT management technologies.

The company in Houston, Texas, has accused ServiceNow of allegedly violating seven patents in products in its offerings, which include incident and problem management, performance analytics, configuration management, including ServiceNow's Configuration Management Database, discovery, orchestration, and change and release management.

"BMC's ability to earn sufficient profits from demand for its innovations is harmed when others freely use these patented technologies and offer them at below market prices because such infringers do not need to recoup BMC's enormous R&D investments," the company said in its complaint Tuesday in the U.S. District Court for the Eastern District of Texas, Marshall division.

Among the allegations against ServiceNow is that it hired key former BMC employees, including engineers and sales staff, who were used to develop "key aspects of the ServiceNow Service Automation Platform and related products, including at least some of the features that infringe the patents-in-suit."

ServiceNow in Santa Clara, California, could not be immediately reached for comment.

BMC's complaint refers to an interview in May 2013 by ServiceNow's founder and Chief Product Officer, Fred Luddy, as evidence of his attitude towards the intellectual property rights of others. Luddy said in the video cited that "good artists copy and great artists steal, and I've been a thief all my life. I'm going to admit it right here, right on camera, live." Luddy was discussing in the interview the process how artists reformulate and repurpose ideas to solve new problems.

BMC has asked the court, among other things, for damages and a permanent injunction against ServiceNow and its executives from engaging in the alleged infringements.

The IT management patents in the suit are U.S. Patent Nos. 5,978,594, 6,816,898, 6,895,586, 7,062,683, 7,617,073, 8,646,093 and 8,674,992. They include patents for a method and system for configuration management database software license compliance, system and method for assessing and indicating the health of components, and interfacing external metrics into a performance management system.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Tags ServiceNowintellectual propertypatentlegalIT managementBMC Software

Slideshows

Meet the leading HP partners in New Zealand...

Meet the leading HP partners in New Zealand...

HP has recognised its top performing partners in New Zealand at the second annual 2016 HP Partner Awards, held at a glittering bash in Auckland. The HP Partner Awards recognises and celebrates excellence, growth, consistency and engagement of its top partners. This year also saw the addition of several new categories, resulting in 11 companies winning across 11 award categories.

Meet the leading HP partners in New Zealand...
Channel comes together as Ingram Micro Showcase hits Auckland

Channel comes together as Ingram Micro Showcase hits Auckland

Ingram Micro outlined its core focuses for 2017 at Showcase in Auckland, bringing together the channel for a day of engaging keynotes, compelling breakout sessions and new technologies.

Channel comes together as Ingram Micro Showcase hits Auckland
Show Comments