Case5:14-cv-00570-BLF Document1 Filed02/06/14 Page1 of 15
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`MARK D. FLANAGAN (SBN 130303)
`mark.flanagan@wilmerhale.com
`MARK D. SELWYN (SBN 244180)
`mark.selwyn@wilmerhale.com
`JOSEPH F. HAAG (SBN 248749)
`joseph.haag@wilmerhale.com
`EVELYN C. MAK (SBN 258086)
`evelyn.mak@wilmerhale.com
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`950 PAGE MILL ROAD
`PALO ALTO, CALIFORNIA 94304
`Telephone: (650) 858-6000
`Facsimile: (650) 858-6100
`
`
`Attorneys for Plaintiff
`HEWLETT-PACKARD COMPANY
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
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`HEWLETT-PACKARD COMPANY, a
`Delaware corporation,
`
`Plaintiff,
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`v.
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`SERVICENOW, INC., a Delaware
`Corporation,
`
`Defendant.
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`
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`Case No.
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`
`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`Case No.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`ServiceNow, Inc.'s Exhibit 1010
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`001
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`Case5:14-cv-00570-BLF Document1 Filed02/06/14 Page2 of 15
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`Plaintiff Hewlett-Packard Company (“HP”) complains and alleges as follows against
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`Defendant ServiceNow, Inc. (“ServiceNow”).
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`THE PARTIES
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`1.
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`Plaintiff HP is a Delaware corporation having a principal place of business at
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`3000 Hanover Street, Palo Alto, California 94304.
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`2.
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`Founded in 1939 in a Palo Alto garage by college friends William Hewlett and
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`David Packard, HP is today among the largest and most innovative technology companies in the
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`world, serving customers in more than 170 countries with products ranging from software,
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`personal computing, printing and imaging to IT infrastructure and digital entertainment. In the
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`last decade alone, HP has invested more than 20 billion dollars in research and development, and
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`has been awarded thousands of patents for its innovations by the U.S. Patent and Trademark
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`Office.
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`3.
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`One of the fields in which HP has been a pioneer and industry leader is
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`Information Technology Service Management, or ITSM. The proliferation of sophisticated and
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`expensive IT networks of computers, software, and associated devices and services has made
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`effective management of IT resources a mission-critical need for businesses and organizations of
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`virtually any size. ITSM software provides the tools necessary to do just that. Demonstrating
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`HP’s long-time leadership in ITSM, and ITSM software in particular, HP has led the
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`development of the recognized industry framework of best practices for ITSM promulgated by
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`the Information Technology Infrastructure Library (ITIL), including by authoring significant
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`portions of past and current versions of ITIL. As a result of its innovations in ITSM, HP and the
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`companies it has acquired collectively have been awarded numerous patents relating to managing
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`and operating an IT infrastructure, including ITSM-specific patents.
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`4.
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`Defendant ServiceNow is a Delaware corporation having a principal place of
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`business at 3260 Jay Street, Santa Clara, California 95054. ServiceNow maintains numerous
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`offices around the world and is doing business in this judicial district.
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`Case No.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`ServiceNow, Inc.'s Exhibit 1010
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`Case5:14-cv-00570-BLF Document1 Filed02/06/14 Page3 of 15
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`JURISDICTION
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`5.
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`6.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338.
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`This Court has personal jurisdiction over ServiceNow because ServiceNow
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`regularly does business in this judicial district and/or has infringed or caused infringement in
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`California and in this district. Upon information and belief, ServiceNow derives significant
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`revenue from the sale of infringing products within this district, and knows its actions will have
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`consequences within this district.
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`VENUE
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`7.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391(b) and (c) because
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`ServiceNow transacts business in this district, acts of infringement have been committed in this
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`district, and ServiceNow is subject to personal jurisdiction in this district. In addition, venue is
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`proper because HP’s principal place of business is in this district, and HP has suffered harm in
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`this district.
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`INTRADISTRICT ASSIGNMENT
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`8.
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`This Complaint includes an Intellectual Property Action for Patent Infringement,
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`which is an excepted category under Civil Local Rule 3-2(c). Consequently, this action is
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`assigned on a district-wide basis.
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`BACKGROUND
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`HP’s History of Innovation
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`9.
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`HP is a pioneer in ITSM software and is a leading supplier of hardware and
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`software information technology management solutions for businesses throughout the United
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`States and the world. HP’s software offerings include a suite of software solutions for IT
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`management, including application lifecycle management, automation and orchestration of IT
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`operations, ITSM, security intelligence and risk management, hardware asset management and
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`software asset management.
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`10.
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`HP introduced its first IT software products, known as the OpenView products, in
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`the early 1990s and added service management capabilities to its OpenView products in 1996.
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`HP has continually improved the technology through both its own research and development and
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`Case No.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`acquisitions of some of the most innovative companies in the field. HP’s continued innovation
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`in the field has allowed it to introduce new ITSM solutions for its customers and has resulted in
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`HP being awarded patents on a continual basis that recognize that innovation.
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`ServiceNow
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`11.
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`ServiceNow is a direct competitor of HP in the ITSM software market.
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`ServiceNow’s products infringe numerous HP patents stemming from its technology
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`investments, including at least those identified herein. As a result of ServiceNow’s infringement
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`of HP’s patents, HP has suffered and continues to suffer irreparable harm, as well as damages in
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`the form of lost profits and a reasonable royalty for ServiceNow’s infringement of those patents.
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`Consequently, HP seeks a permanent injunction prohibiting the continued infringement of HP’s
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`patents by ServiceNow’s products, as well as compensatory damages.
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`The Patents-In-Suit
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`12.
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`HP is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,925,981 (“the ’981 Patent”), entitled “Systems and Methods for Managing
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`Web Services Via a Framework of Interfaces.” The ’981 Patent was issued on April 12, 2011,
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`from U.S. Patent Application No. 10/438,716, filed May 14, 2003. A true and correct copy of
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`the ’981 Patent is attached as Exhibit 1.
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`13.
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`HP is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,945,860 (“the ’860 Patent”), entitled “Systems and Methods for Managing
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`Conversations Between Information Technology Resources.” The ’860 Patent was issued on
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`May 17, 2011, from U.S. Patent Application No. 10/438,576, filed May 14, 2003. A true and
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`correct copy of the ’860 Patent is attached as Exhibit 2.
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`14.
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`HP is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,890,802 (“the ’802 Patent”), entitled “Systems and Method for Automated
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`and Assisted Resolution of IT Incidents.” The ’802 Patent was issued on February 15, 2011,
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`from U.S. Patent Application No. 12/543,387, filed August 18, 2009. A true and correct copy of
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`the ’802 Patent is attached as Exhibit 3.
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`Case No.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`ServiceNow, Inc.'s Exhibit 1010
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`004
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`15.
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`HP is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,610,512 (“the ’512 Patent”), entitled “Systems and Method for Automated
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`and Assisted Resolution of IT Incidents.” The ’512 Patent was issued on October 27, 2009, from
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`U.S. Patent Application No. 11/327,745, filed January 6, 2006. A true and correct copy of the
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`’512 Patent is attached as Exhibit 4.
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`16.
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`HP is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 8,224,683 (“the ’683 Patent”), entitled “Information Technology Service
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`Request Level of Service Monitor.” The ’683 Patent was issued on July 17, 2012, from U.S.
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`Patent Application No. 10/615,054, filed July 8, 2003. A true and correct copy of the ’683
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`Patent is attached as Exhibit 5.
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`17.
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`HP is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 6,321,229 (“the ’229 Patent”), entitled “Method and Apparatus for Using an
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`Information Model to Organize an Information Repository into a Hierarchy of Information.”
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`The ’229 Patent was issued on November 20, 2001, from U.S. Patent Application No.
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`09/258,576, filed February 26, 1999. A true and correct copy of the ’229 Patent is attached as
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`Exhibit 6.
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`18.
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`HP is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,392,300 (“the ’300 Patent”), entitled “Method and System for Modelling a
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`Communications Network.” The ’300 Patent was issued on June 24, 2008, from U.S. Patent
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`Application No. 10/753,841, filed January 8, 2004. A true and correct copy of the ’300 Patent is
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`attached as Exhibit 7.
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`19.
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`HP is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 7,027,411 (“the ’411 Patent”), entitled “Method and System for Identifying and
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`Processing Changes to a Network Topology.” The ’411 Patent was issued on April 11, 2006,
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`from U.S. Patent Application No. 09/703,942, filed October 31, 2000. A true and correct copy
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`of the ’411 Patent is attached as Exhibit 8.
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`Case No.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`ServiceNow, Inc.'s Exhibit 1010
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`ServiceNow’s Infringing Products
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`20.
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`ServiceNow has infringed, and continues to infringe, directly and indirectly
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`through contributory and/or induced infringement, the asserted patents by making, using, selling,
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`and offering to sell one or more of the products identified in this Complaint, including the
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`ServiceNow Service Automation Platform; ServiceNow Incident Management; ServiceNow
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`Configuration Management Database (CMDB); ServiceNow Business Services Management
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`Map, ServiceNow Baseline CMDB plugin; ServiceNow Discovery; and ServiceNow
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`Orchestration (formerly known as ServiceNow Runbook Automation).
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`CAUSES OF ACTION
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`Count 1
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`(Infringement of the ’981 Patent)
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`21.
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`HP realleges and incorporates herein by reference the allegations in paragraphs 1-
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`20 above.
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`22.
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`ServiceNow has infringed, and continues to infringe, directly and indirectly
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`through contributory and/or induced infringement, one or more claims of the ’981 Patent by
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`making, using, selling, and offering to sell one or more of the products identified in this
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`Complaint, including ServiceNow Service Automation Platform.
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`23.
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`ServiceNow had actual notice of its infringement of the ’981 Patent no later than
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`the filing date of this Complaint. Despite ServiceNow’s actual notice of infringement,
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`ServiceNow continues to make, use, sell, and/or offer to sell infringing products with the
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`knowledge or willful blindness that its conduct will induce ServiceNow’s customers to infringe
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`the ’981 Patent.
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`24.
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`ServiceNow induces others to infringe the ’981 Patent, in violation of 35 U.S.C. §
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`271, by assisting, facilitating, and encouraging others to perform acts or construct products
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`known by ServiceNow to infringe the ’981 Patent. ServiceNow advertises and promotes the
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`infringing products; offers a “ServiceNow Wiki” page with detailed product information,
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`tutorials, demonstrations, and “best practice methodology”; and offers technical support,
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`consulting services, and assistance to its customers, who directly infringe the ’981 Patent.
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`Case No.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`ServiceNow, Inc.'s Exhibit 1010
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`25.
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`The infringing products were especially made or adapted for use in infringement
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`of the ’981 Patent, and are not staple articles or commodities of commerce suitable for
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`substantial non-infringing use.
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`26.
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`HP has sustained damages as a direct and proximate result of ServiceNow’s
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`infringement of the ’981 Patent.
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`27.
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`HP will suffer and is suffering irreparable harm from ServiceNow’s infringement
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`the ’981 Patent. HP has no adequate remedy at law and is entitled to an injunction against
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`ServiceNow’s continuing infringement of the ’981 Patent. Unless enjoined, ServiceNow will
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`continue its infringing conduct.
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`Count 2
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`(Infringement of the ’860 Patent)
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`28.
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`HP realleges and incorporates herein by reference the allegations in paragraphs 1-
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`27 above.
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`29.
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`ServiceNow has infringed, and continues to infringe, directly and indirectly
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`through contributory and/or induced infringement, one or more claims of the ’860 Patent by
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`making, using, selling, and offering to sell one or more of the products identified in this
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`Complaint, including ServiceNow Service Automation Platform.
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`30.
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`ServiceNow had actual notice of its infringement of the ’860 Patent no later than
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`the filing date of this Complaint. Despite ServiceNow’s actual notice of infringement,
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`ServiceNow continues to make, use, sell, and/or offer to sell infringing products with the
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`knowledge or willful blindness that its conduct will induce ServiceNow’s customers to infringe
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`the ’860 Patent.
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`31.
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`ServiceNow induces others to infringe the ’860 Patent, in violation of 35 U.S.C. §
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`271, by assisting, facilitating, and encouraging others to perform acts or construct products
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`known by ServiceNow to infringe the ’860 Patent. ServiceNow advertises and promotes the
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`infringing products; offers a “ServiceNow Wiki” page with detailed product information,
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`tutorials, demonstrations, and “best practice methodology”; and offers technical support,
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`consulting services, and assistance to its customers, who directly infringe the ’860 Patent.
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`Case No.
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`ServiceNow, Inc.'s Exhibit 1010
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`32.
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`The infringing products were especially made or adapted for use in infringement
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`of the ’860 Patent, and are not staple articles or commodities of commerce suitable for
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`substantial non-infringing use.
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`33.
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`HP has sustained damages as a direct and proximate result of ServiceNow’s
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`infringement of the ’860 Patent.
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`34.
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`HP will suffer and is suffering irreparable harm from ServiceNow’s infringement
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`the ’860 Patent. HP has no adequate remedy at law and is entitled to an injunction against
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`ServiceNow’s continuing infringement of the ’860 Patent. Unless enjoined, ServiceNow will
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`continue its infringing conduct.
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`Count 3
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`(Infringement of the ’802 Patent)
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`35.
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`HP realleges and incorporates herein by reference the allegations in paragraphs 1-
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`34 above.
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`36.
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`ServiceNow has infringed, and continues to infringe, directly and indirectly
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`through contributory and/or induced infringement, one or more claims of the ’802 Patent by
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`making, using, selling, and offering to sell one or more of the products identified in this
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`Complaint, including ServiceNow Service Automation Platform and/or ServiceNow
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`Orchestration.
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`37.
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`ServiceNow had actual notice of its infringement of the ’802 Patent no later than
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`the filing date of this Complaint. Despite ServiceNow’s actual notice of infringement,
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`ServiceNow continues to make, use, sell, and/or offer to sell infringing products with the
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`knowledge or willful blindness that its conduct will induce ServiceNow’s customers to infringe
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`the ’802 Patent.
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`38.
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`ServiceNow induces others to infringe the ’802 Patent, in violation of 35 U.S.C. §
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`271, by assisting, facilitating, and encouraging others to perform acts or construct products
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`known by ServiceNow to infringe the ’802 Patent. ServiceNow advertises and promotes the
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`infringing products; offers a “ServiceNow Wiki” page with detailed product information,
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`Case No.
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`tutorials, demonstrations, and “best practice methodology”; and offers technical support,
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`consulting services, and assistance to its customers, who directly infringe the ’802 Patent.
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`39.
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`The infringing products were especially made or adapted for use in infringement
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`of the ’802 Patent, and are not staple articles or commodities of commerce suitable for
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`substantial non-infringing use.
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`40.
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`HP has sustained damages as a direct and proximate result of ServiceNow’s
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`infringement of the ’802 Patent.
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`41.
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`HP will suffer and is suffering irreparable harm from ServiceNow’s infringement
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`the ’802 Patent. HP has no adequate remedy at law and is entitled to an injunction against
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`ServiceNow’s continuing infringement of the ’802 Patent. Unless enjoined, ServiceNow will
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`continue its infringing conduct.
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`Count 4
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`(Infringement of the ’512 Patent)
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`42.
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`HP realleges and incorporates herein by reference the allegations in paragraphs 1-
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`41 above.
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`43.
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`ServiceNow has infringed, and continues to infringe, directly and indirectly
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`through contributory and/or induced infringement, one or more claims of the ’512 Patent by
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`making, using, selling, and offering to sell one or more of the products identified in this
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`Complaint, including ServiceNow Service Automation Platform, ServiceNow Incident
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`Management, and/or ServiceNow Orchestration.
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`44.
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`ServiceNow had actual notice of its infringement of the ’512 Patent no later than
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`the filing date of this Complaint. Despite ServiceNow’s actual notice of infringement,
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`ServiceNow continues to make, use, sell, and/or offer to sell infringing products with the
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`knowledge or willful blindness that its conduct will induce ServiceNow’s customers to infringe
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`the ’512 Patent.
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`45.
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`ServiceNow induces others to infringe the ’512 Patent, in violation of 35 U.S.C. §
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`271, by assisting, facilitating, and encouraging others to perform acts or construct products
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`known by ServiceNow to infringe the ’512 Patent. ServiceNow advertises and promotes the
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`Case No.
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`infringing products; offers a “ServiceNow Wiki” page with detailed product information,
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`tutorials, demonstrations, and “best practice methodology”; and offers technical support,
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`consulting services, and assistance to its customers, who directly infringe the ’512 Patent.
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`46.
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`The infringing products were especially made or adapted for use in infringement
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`of the ’512 Patent, and are not staple articles or commodities of commerce suitable for
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`substantial non-infringing use.
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`47.
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`HP has sustained damages as a direct and proximate result of ServiceNow’s
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`infringement of the ’512 Patent.
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`48.
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`HP will suffer and is suffering irreparable harm from ServiceNow’s infringement
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`the ’512 Patent. HP has no adequate remedy at law and is entitled to an injunction against
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`ServiceNow’s continuing infringement of the ’512 Patent. Unless enjoined, ServiceNow will
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`continue its infringing conduct.
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`Count 5
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`(Infringement of the ’683 Patent)
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`49.
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`HP realleges and incorporates herein by reference the allegations in paragraphs 1-
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`48 above.
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`50.
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`ServiceNow has infringed, and continues to infringe, directly and indirectly
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`through contributory and/or induced infringement, one or more claims of the ’683 Patent by
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`making, using, selling, and offering to sell one or more of the products identified in this
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`Complaint, including ServiceNow Service Automation Platform and/or ServiceNow Incident
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`Management.
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`51.
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`ServiceNow had actual notice of its infringement of the ’683 Patent no later than
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`the filing date of this Complaint. Despite ServiceNow’s actual notice of infringement,
`
`ServiceNow continues to make, use, sell, and/or offer to sell infringing products with the
`
`knowledge or willful blindness that its conduct will induce ServiceNow’s customers to infringe
`
`the ’683 Patent.
`
`52.
`
`ServiceNow induces others to infringe the ’683 Patent, in violation of 35 U.S.C. §
`
`271, by assisting, facilitating, and encouraging others to perform acts or construct products
`
`Case No.
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`9
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`COMPLAINT FOR PATENT INFRINGEMENT
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`1 2 3 4 5 6 7 8 9
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`ServiceNow, Inc.'s Exhibit 1010
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`010
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`

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`Case5:14-cv-00570-BLF Document1 Filed02/06/14 Page11 of 15
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`
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`known by ServiceNow to infringe the ’683 Patent. ServiceNow advertises and promotes the
`
`infringing products; offers a “ServiceNow Wiki” page with detailed product information,
`
`tutorials, demonstrations, and “best practice methodology”; and offers technical support,
`
`consulting services, and assistance to its customers, who directly infringe the ’683 Patent.
`
`53.
`
`The infringing products were especially made or adapted for use in infringement
`
`of the ’683 Patent, and are not staple articles or commodities of commerce suitable for
`
`substantial non-infringing use.
`
`54.
`
`HP has sustained damages as a direct and proximate result of ServiceNow’s
`
`infringement of the ’683 Patent.
`
`55.
`
`HP will suffer and is suffering irreparable harm from ServiceNow’s infringement
`
`the ’683 Patent. HP has no adequate remedy at law and is entitled to an injunction against
`
`ServiceNow’s continuing infringement of the ’683 Patent. Unless enjoined, ServiceNow will
`
`continue its infringing conduct.
`
`Count 6
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`(Infringement of the ’229 Patent)
`
`56.
`
`HP realleges and incorporates herein by reference the allegations in paragraphs 1-
`
`55 above.
`
`57.
`
`ServiceNow has infringed, and continues to infringe, directly and indirectly
`
`through contributory and/or induced infringement, one or more claims of the ’229 Patent by
`
`making, using, selling, and offering to sell one or more of the products identified in this
`
`Complaint, including ServiceNow Service Automation Platform, ServiceNow Business Services
`
`Management Map, and/or ServiceNow Configuration Management Database.
`
`58.
`
`ServiceNow had actual notice of its infringement of the ’229 Patent no later than
`
`the filing date of this Complaint. Despite ServiceNow’s actual notice of infringement,
`
`ServiceNow continues to make, use, sell, and/or offer to sell infringing products with the
`
`knowledge or willful blindness that its conduct will induce ServiceNow’s customers to infringe
`
`the ’229 Patent.
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`Case No.
`
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`10
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`COMPLAINT FOR PATENT INFRINGEMENT
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`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`ServiceNow, Inc.'s Exhibit 1010
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`011
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`

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`Case5:14-cv-00570-BLF Document1 Filed02/06/14 Page12 of 15
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`59.
`
`ServiceNow induces others to infringe the ’229 Patent, in violation of 35 U.S.C. §
`
`271, by assisting, facilitating, and encouraging others to perform acts or construct products
`
`known by ServiceNow to infringe the ’229 Patent. ServiceNow advertises and promotes the
`
`infringing products; offers a “ServiceNow Wiki” page with detailed product information,
`
`tutorials, demonstrations, and “best practice methodology”; and offers technical support,
`
`consulting services, and assistance to its customers, who directly infringe the ’229 Patent.
`
`60.
`
`The infringing products were especially made or adapted for use in infringement
`
`of the ’229 Patent, and are not staple articles or commodities of commerce suitable for
`
`substantial non-infringing use.
`
`61.
`
`HP has sustained damages as a direct and proximate result of ServiceNow’s
`
`infringement of the ’229 Patent.
`
`62.
`
`HP will suffer and is suffering irreparable harm from ServiceNow’s infringement
`
`the ’229 Patent. HP has no adequate remedy at law and is entitled to an injunction against
`
`ServiceNow’s continuing infringement of the ’229 Patent. Unless enjoined, ServiceNow will
`
`continue its infringing conduct.
`
`Count 7
`
`(Infringement of the ’300 Patent)
`
`63.
`
`HP realleges and incorporates herein by reference the allegations in paragraphs 1-
`
`62 above.
`
`64.
`
`ServiceNow has infringed, and continues to infringe, directly and indirectly
`
`through contributory and/or induced infringement, one or more claims of the ’300 Patent by
`
`making, using, selling, and offering to sell one or more of the products identified in this
`
`Complaint, including ServiceNow Service Automation Platform, ServiceNow Configuration
`
`Management Database, ServiceNow Business Services Management Map, and/or ServiceNow
`
`Discovery.
`
`65.
`
`ServiceNow had actual notice of its infringement of the ’300 Patent no later than
`
`the filing date of this Complaint. Despite ServiceNow’s actual notice of infringement,
`
`ServiceNow continues to make, use, sell, and/or offer to sell infringing products with the
`
`Case No.
`
`
`11
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`COMPLAINT FOR PATENT INFRINGEMENT
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`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`15
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`21
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`25
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`28
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`ServiceNow, Inc.'s Exhibit 1010
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`012
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`

`

`Case5:14-cv-00570-BLF Document1 Filed02/06/14 Page13 of 15
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`
`
`knowledge or willful blindness that its conduct will induce ServiceNow’s customers to infringe
`
`the ’300 Patent.
`
`66.
`
`ServiceNow induces others to infringe the ’300 Patent, in violation of 35 U.S.C. §
`
`271, by assisting, facilitating, and encouraging others to perform acts or construct products
`
`known by ServiceNow to infringe the ’300 Patent. ServiceNow advertises and promotes the
`
`infringing products; offers a “ServiceNow Wiki” page with detailed product information,
`
`tutorials, demonstrations, and “best practice methodology”; and offers technical support,
`
`consulting services, and assistance to its customers, who directly infringe the ’300 Patent.
`
`67.
`
`The infringing products were especially made or adapted for use in infringement
`
`of the ’300 Patent, and are not staple articles or commodities of commerce suitable for
`
`substantial non-infringing use.
`
`68.
`
`HP has sustained damages as a direct and proximate result of ServiceNow’s
`
`infringement of the ’300 Patent.
`
`69.
`
`HP will suffer and is suffering irreparable harm from ServiceNow’s infringement
`
`the ’300 Patent. HP has no adequate remedy at law and is entitled to an injunction against
`
`ServiceNow’s continuing infringement of the ’300 Patent. Unless enjoined, ServiceNow will
`
`continue its infringing conduct.
`
`Count 8
`
`(Infringement of the ’411 Patent)
`
`70.
`
`HP realleges and incorporates herein by reference the allegations in paragraphs 1-
`
`69 above.
`
`71.
`
`ServiceNow has infringed, and continues to infringe, directly and indirectly
`
`through contributory and/or induced infringement, one or more claims of the ’411 Patent by
`
`making, using, selling, and offering to sell one or more of the products identified in this
`
`Complaint, including ServiceNow Service Automation Platform, ServiceNow Configuration
`
`Management Database, ServiceNow Baseline CMDB plugin, and/or ServiceNow Discovery.
`
`72.
`
`ServiceNow had actual notice of its infringement of the ’411 Patent no later than
`
`the filing date of this Complaint. Despite ServiceNow’s actual notice of infringement,
`
`Case No.
`
`
`12
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`COMPLAINT FOR PATENT INFRINGEMENT
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`1 2 3 4 5 6 7 8 9
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`11
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`ServiceNow, Inc.'s Exhibit 1010
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`013
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`

`

`Case5:14-cv-00570-BLF Document1 Filed02/06/14 Page14 of 15
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`
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`ServiceNow continues to make, use, sell, and/or offer to sell infringing products with the
`
`knowledge or willful blindness that its conduct will induce ServiceNow’s customers to infringe
`
`the ’411 Patent.
`
`73.
`
`ServiceNow induces others to infringe the ’411 Patent, in violation of 35 U.S.C. §
`
`271, by assisting, facilitating, and encouraging others to perform acts or construct products
`
`known by ServiceNow to infringe the ’411 Patent. ServiceNow advertises and promotes the
`
`infringing products; offers a “ServiceNow Wiki” page with detailed product information,
`
`tutorials, demonstrations, and “best practice methodology”; and offers technical support,
`
`consulting services, and assistance to its customers, who directly infringe the ’411 Patent.
`
`74.
`
`The infringing products were especially made or adapted for use in infringement
`
`of the ’411 Patent, and are not staple articles or commodities of commerce suitable for
`
`substantial non-infringing use.
`
`75.
`
`HP has sustained damages as a direct and proximate result of ServiceNow’s
`
`infringement of the ’411 Patent.
`
`76.
`
`HP will suffer and is suffering irreparable harm from ServiceNow’s infringement
`
`the ’411 Patent. HP has no adequate remedy at law and is entitled to an injunction against
`
`ServiceNow’s continuing infringement of the ’411 Patent. Unless enjoined, ServiceNow will
`
`continue its infringing conduct.
`
`JURY DEMAND
`
`Pursuant to Federal Rule of Civil Procedure 38, Plaintiff HP demands a jury trial on all
`
`issues triable by a jury.
`
`WHEREFORE, HP prays for relief as follows:
`
`PRAYER FOR RELIEF
`
`1.
`
`A judgment that ServiceNow has directly infringed one or more claims of each of
`
`HP’s asserted patents.
`
`2.
`
`A judgment that ServiceNow is actively inducing and/or contributing to the
`
`infringement of one or more claims of each of the asserted patents.
`
`Case No.
`
`
`13
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`COMPLAINT FOR PATENT INFRINGEMENT
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`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`13
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`14
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`15
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`17
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`ServiceNow, Inc.'s Exhibit 1010
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`014
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`

`

`Case5:14-cv-00570-BLF Document1 Filed02/06/14 Page15 of 15
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`3.
`
`A judgment awarding HP all damages adequate to compensate for ServiceNow’s
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`infringement of HP’s asserted patents, including lost profits, and in no event less than a
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`reasonable royalty for ServiceNow’s acts of infringement, including all pre-judgment and post
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`judgment interest at the maximum rate permitted by law.
`
`4.
`
`An order permanently enjoining ServiceNow and its officers, agents, directors,
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`servants, employees, affiliates, representatives, attorneys, and any others acting in privity or in
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`concert with them, and their parents, subsidiaries, divisions, successors and assigns, from
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`directly or indirectly infringing the asserted patents.
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`For such other and further relief as may be proper.
`
`
`
`
`
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`
`
`/s/ Mark D. Flanagan _
`
`Mark D. Flanagan (SBN 130303)
`(mark.flanagan@wilmerhale.com)
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 858-6000
`Facsimile: (650) 858-6100
`
`Attorneys for Plaintiff
`Hewlett-Packard Co.
`
`14
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`COMPLAINT FOR PATENT INFRINGEMENT
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`5.
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`
`
`
`
`
`
`Dated: February 6, 2014
`
`
`
`Case No.
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`ServiceNow, Inc.'s Exhibit 1010
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`015
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`