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.
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