BMC Announces Resolution of Patent Infringement Disputes Against ServiceNow

HOUSTON – April 25, 2016 – BMC, the global leader in IT solutions for the digital enterprise, today announced that intellectual property (IP) and patent infringement disputes with Santa Clara, California-based ServiceNow, Inc. (NYSE: NOW) 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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BMC is a global leader in innovative software solutions that enable businesses to transform into digital enterprises for the ultimate competitive advantage. Our Digital Enterprise Management solutions are designed to make digital business fast, seamless, and optimized from mainframe to mobile to cloud and beyond. BMC digital IT transforms 82 percent of the Fortune 500 and serves more than 10,000 customers worldwide.

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Editorial contact:
Brad Shewmake
BMC
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