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 newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags IT managementlegalintellectual propertypatentBMC SoftwareServiceNow

Featured

Slideshows

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards

Hundreds of leaders from the New Zealand IT industry gathered at the Hilton in Auckland on 17 November to celebrate the finest female talent in the Kiwi channel and recognise the winners of the Reseller News Women in ICT Awards (WIICTA) 2020.

The Kiwi channel gathers for the 2020 Reseller News Women in ICT Awards
Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards

Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards

The leading female front runners of the New Zealand ICT industry joined together for the annual Reseller News Women in ICT Awards event at the Hilton in Auckland, during which hundreds of guests celebrated 13 outstanding individuals who won awards, chosen from more than 50 finalists representing over 30 organisations.

Leading female front runners honoured at the 2020 Reseller News Women in ICT Awards
Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners

Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners

More than 500 channel leaders gathered in Auckland on 21 October at the ​Reseller News Innovation Awards ​2020 to celebrate the achievements of the New Zealand technology industry's top partners, start-ups, vendors, distributors and individuals.

Channel gathers to celebrate the Reseller News Innovation Awards 2020 winners
Show Comments