`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`Civil Action No. 2:14-cv-903
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`BMC Software, Inc.,
`
`
`
`
`Plaintiff,
`
`-against-
`
`
`
`ServiceNow, Inc.
`
`
`
`Defendant.
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`BMC Software, Inc. (“BMC”), by and through its undersigned attorneys, based upon
`
`personal knowledge with respect to its own actions and on information and belief as to other
`
`matters, for its complaint avers as follows:
`
`THE PARTIES
`
`BMC Software
`
`Plaintiff BMC is a leading provider of information technology (IT) management
`
`A.
`
`1.
`
`systems and serves thousands of customers around the globe, from small and mid-size businesses
`
`to the largest companies in the world. BMC is a corporation organized under the laws of
`
`Delaware with its headquarters at 2101 CityWest Boulevard, Houston, Texas 77042.
`
`2.
`
`BMC was founded in Houston, Texas by Scott Boulette, John Moores, and Dan
`
`Cloer, whose last names were used to form the name BMC. BMC’s founders worked as
`
`software programmers for Shell Oil in Houston, Texas, and thereafter left together to start BMC.
`
`
`
`1
`
`ServiceNow's Exhibit No. 1008
`
`001
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 2 of 31 PageID #: 2
`
`
`
`Since BMC was founded in 1980, the company has grown to become one of the world’s leading
`
`software providers.
`
`3.
`
`Today, BMC has approximately 6,000 employees who support more than 20,000
`
`customers across the globe.
`
`4.
`
`BMC’s IT management systems enable companies to easily manage, track, and
`
`service
`
`the ever-increasing number of network servers, computers, printers, software
`
`applications, and other computing resources needed across an enterprise, to ensure users are not
`
`disrupted in their business activities.
`
`5.
`
`Helping build the IT management industry through the design and development of
`
`modern IT management systems was no small feat. BMC made enormous investments over
`
`many years in research and development, as well as significant acquisitions. From these
`
`investments, BMC invented or further developed the technologies needed to make a modern IT
`
`management system possible.
`
`6.
`
`More specifically, BMC has invested approximately $8 billion in research and
`
`development during the past 34 years to help build many of today’s leading IT management
`
`solutions. The results of these efforts are highly valuable and patented innovations.
`
`7.
`
`BMC’s large investments in research and development have enabled the
`
`development of numerous technologies necessary for an enterprise to build and deploy both on-
`
`premise and cloud-based IT management systems. These fundamental IT management
`
`technologies include the basic processes of a modern IT management system, including:
`
`(i)
`
`Incident Management and Problem Management: BMC engineers developed
`
`numerous software innovations, including visualization tools for rendering and displaying
`
`information about the health status of an enterprise, to enable IT personnel to restore normal
`
`
`
`2
`
`ServiceNow's Exhibit No. 1008
`
`002
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 3 of 31 PageID #: 3
`
`
`
`operation following a user-reported incident, quickly and efficiently (“Incident Management
`
`Visualization”). BMC engineers also invented graphical user interfaces (including novel color
`
`maps) that enable IT personnel to easily visualize the health, status, and relationships of IT
`
`components causing a problem, and their compliance with service level agreements (“Problem
`
`Management GUIs”). Appreciating the human limitations and challenges of identifying and
`
`correcting for the root cause of a fault and its impact across an enterprise, BMC engineers
`
`invented and developed complementary technologies that allow IT personnel to automatically
`
`determine the root cause of a failure and the computing resources impacted, and to distinguish
`
`between the two, so that corrective action can be taken immediately, greatly reducing network
`
`downtime and service disruptions (“Root Cause Failure Determination”).
`
`(ii)
`
`Performance Analytics: Recognizing that a critical aspect of IT management is
`
`measuring system performance, including for systems unique to an individual enterprise
`
`customer, BMC invested in technologies that allow for performance analytics tools to be
`
`customized to meet the specific needs of an enterprise and for such tools to have intuitive,
`
`graphical dashboards that allow IT personnel to detect and address problems before they become
`
`manifest (“Customizable Performance Analytics Tools”).
`
`(iii) Configuration Management: To simply and automatically track the configuration,
`
`provisioning, and status of the computing resources of an enterprise, BMC engineers invented
`
`and developed technologies fundamental to the modern architecture of a Configuration
`
`Management Database (“CMDB”). These foundational technologies include, for example,
`
`hierarchical CMDBs for modeling the computing resources of an enterprise using Configuration
`
`Items (CIs) (“Hierarchical CMDBs”) and a novel way of modeling the deployment of software
`
`assets to ensure compliance with applicable software licenses, thereby preventing the substantial
`
`
`
`3
`
`ServiceNow's Exhibit No. 1008
`
`003
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 4 of 31 PageID #: 4
`
`
`
`monetary penalties that could otherwise be imposed on an enterprise (“Software License
`
`Compliance Modeling”).
`
`(iv) Discovery: In addition to their work in developing the modern CMDB
`
`architecture, BMC engineers also developed software tools and related technologies for
`
`automatically discovering the computing resources of an enterprise across its different offices
`
`and locations, including network servers, computers, printers, and software applications, how
`
`they are configured and provisioned, and what their status is (such Discovery tools are referred to
`
`in the industry as “Discovery Probes”).
`
`(v)
`
`Orchestration: BMC engineers developed novel ways by which IT management
`
`tasks could be discovered, automated and customized, using scripts and plugins, and integrated
`
`with an IT management system (referred to in the industry as “Orchestration”).
`
`(vi) Change and Release Management: BMC engineers developed visualization tools
`
`for managing and monitoring updates, releases, and other IT change functions associated with
`
`the computing resources of an enterprise (“Change and Release Management Visualization”).
`
`These visualization software tools minimize the risks of service disruptions in implementing
`
`changes to the IT components of an enterprise, and facilitate creating, assessing, approving, and
`
`implementing changes across an enterprise effectively. In addition, to manage heterogeneous
`
`network servers across an enterprise (i.e., servers that use different operating systems), BMC
`
`engineers invented and developed technologies that allow for many different network servers to
`
`be configured, provisioned, and updated automatically using a single platform and language, a
`
`“one-to-many” approach.
`
`8.
`
`To encourage these and its many other innovations, BMC has an Inventor
`
`Recognition Program designed to recognize and reward employees for their inventions.
`
`
`
`4
`
`ServiceNow's Exhibit No. 1008
`
`004
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 5 of 31 PageID #: 5
`
`
`
`Inventing and patents are so central to the company’s success that employees’ inventive
`
`contributions are also recognized through the memorialization of their names and patents on
`
`BMC’s Patent Wall, located at its Houston headquarters and in several other company offices
`
`around the world.
`
`
`
`9.
`
`To ensure that companies do not free-ride on BMC’s enormous investments in
`
`
`
`research and development, BMC relies on the protection of its intellectual property and the
`
`enforcement of its intellectual property rights, including the hundreds of patents awarded to
`
`BMC employees for their innovations.
`
`10.
`
`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. If such
`
`infringement is permitted, BMC will be unable to continue to make the kinds of investments
`
`
`
`5
`
`ServiceNow's Exhibit No. 1008
`
`005
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 6 of 31 PageID #: 6
`
`
`
`needed to develop and grow the industry. And, ultimately, this will have an adverse impact on
`
`BMC’s ability to continue to create thousands of jobs for the people of Texas and many others
`
`worldwide.
`
`11.
`
`BMC’s IT management innovations are the subject of more than 300 current and
`
`pending patents before the U.S. Patent and Trademark Office. From this portfolio, BMC has
`
`selected a diverse group of patents to assert in this action spanning the IT management solution
`
`areas described above to demonstrate the scope and strength of BMC’s innovations and its patent
`
`portfolio, and to show ServiceNow’s widespread infringement of BMC’s intellectual property
`
`rights.
`
`B.
`
`12.
`
`ServiceNow
`
`Defendant ServiceNow, Inc. (“ServiceNow”) is a corporation organized under the
`
`laws of the State of Delaware and registered to do business in the State of Texas, with a principal
`
`place of business at 3260 Jay Street, Santa Clara, California 95054.
`
`13.
`
`ServiceNow maintains numerous offices around the world, and is doing business
`
`in the Eastern District of Texas, with an office at 7160 North Dallas Parkway, Suite 240, Plano,
`
`Texas 75024.
`
`14.
`
`ServiceNow has not innovated like BMC, and has no patents of its own. Instead,
`
`ServiceNow’s business is largely built upon its infringement of BMC’s patented technologies.
`
`15.
`
`During a May 2013 interview, ServiceNow’s founder, Fred Luddy, explained his
`
`attitude towards the intellectual property rights of others and the “secret sauce” behind
`
`ServiceNow’s business: “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.”1
`
`
`1 ServiceNow Knowledge13, https://www.youtube.com/watch?v=-MiRSG116pk, [5:35-6:15].
`
`
`
`6
`
`ServiceNow's Exhibit No. 1008
`
`006
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 7 of 31 PageID #: 7
`
`
`
`“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.”
`
`
`
`16.
`
`Luddy is absolutely correct: ServiceNow is unlawfully using many of BMC’s
`
`patented technologies. Indeed, each significant aspect of ServiceNow’s business is built around
`
`infringement of BMC’s patents, and ServiceNow’s website touts its offerings of IT management
`
`technologies that are the subject of numerous BMC patents, including (i) Incident Management,
`
`(ii) Problem Management, (iii) Performance Analytics, (iv) Configuration Management
`
`(including ServiceNow’s Configuration Management Database (CMDB)), (v) Discovery, (vi)
`
`Orchestration, and (vii) Change and Release Management.2
`
`17.
`
`As illustrated below from ServiceNow’s website, each of these technologies,
`
`which ServiceNow offers, is critical to ServiceNow’s ability to provide modern IT management
`
`solutions to customers:
`
`
`2 E.g., http://www.servicenow.com/products.html; http://www.servicenow.com/products/it-service-automation-
`applications.html.
`
`
`
`7
`
`ServiceNow's Exhibit No. 1008
`
`007
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 8 of 31 PageID #: 8
`
`
`
`ServiceNow Product Offering
`
`Importance to IT Management
`
`ServiceNow’s IT management system
`relies on Incident Management “to restore
`normal service operation as quickly as
`possible following an incident, while
`minimizing impact to business operations
`and ensuring quality is maintained.”3
`
`With Problem Management, ServiceNow
`“helps IT investigate the root cause of an
`incident,” which can be used “to remove
`the causes of incidents permanently from
`the IT infrastructure.”4 In addition, its
`ServiceWatch product, for example,
`“provides visibility of the health of
`applications and business services” across
`an enterprise.5
`
`Performance Analytics are used in
`ServiceNow’s IT management system to
`“provide powerful insight into how to
`improve performance in intuitive, graphical
`dashboards.”6 “IT performance reporting
`and analytics is a strategic gap that must be
`filled for IT to prove its value to the
`enterprise.”7
`
`Configuration Management “supports the
`processes that manage the ServiceNow
`Configuration Management Database
`(CMDB), which in turn enables most other
`ServiceNow applications that automate IT
`services.”8 ServiceNow’s CMDB
`architecture supports the storage of
`Configuration Items (CIs) that implement
`
`
`
`
`
`
`
`
`
`
`3 http://wiki.servicenow.com/index.php?title=Incident_Management; http://www.servicenow.com/products/it-
`service-automation-applications/incident-management.html.
`4http://www.servicenow.com/products/it-service-automation-applications/problem-management.html;
`http://wiki.servicenow.com/index.php?title=Problem_Management.
`5 http://www.neebula.com/service-availability-management/service-monitoring-software/.
`6 http://www.servicenow.com/products/performance-analytics.html;
`http://wiki.servicenow.com/index.php?title=Performance_Analytics.
`7 http://www.servicenow.com/products/performance-analytics.html/.
`8 http://www.servicenow.com/products/it-service-automation-applications/configuration-management.html;
`http://wiki.servicenow.com/index.php?title=Introduction_to_Assets_and_Configuration.
`
`
`
`8
`
`ServiceNow's Exhibit No. 1008
`
`008
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 9 of 31 PageID #: 9
`
`
`
`ServiceNow Product Offering
`
`Importance to IT Management
`hierarchical “CI relationships,”
`“consumable parts,” and “license
`modeling” for compliance purposes.9
`
`Discovery “finds computers and other
`devices connected to an enterprise's
`network,” which, as ServiceNow’s website
`notes, is “a critical step to automating
`service management.”10
`
`
`
`Orchestration “enables an IT organization
`to automate complex tasks on remote
`computers quickly and reliably, with best
`practices every time.”11 Among other
`things, this gives customers “the option to
`create custom orchestration activities.”12
`
`
`
`ServiceNow uses Change Management to
`“protect IT and business operations from
`the adverse effects of unplanned or
`uncontrolled change.”13
`
`
`
`18.
`
`ServiceNow has made it clear that the ultimate goal of its infringing activities is to
`
`destroy BMC’s reputation and business. Among other things, ServiceNow’s Chief Executive
`
`Officer Frank Slootman has gone on record with statements about BMC such as:
`
`(i)
`
`(ii)
`
`(iii)
`
`“We have been dismantling [BMC’s] business left, right, and center.”
`
`“We have taken the whole company down.”
`
`“I fear for their future because we’re going to drive a truck right through it . . . .”
`
`
`9 See, e.g., http://wiki.servicenow.com/index.php?title=Defining_CI_Relationships;
`http://wiki.servicenow.com/index.php?title=Inventory_Management;
`http://wiki.servicenow.com/index.php?title=Software_License_Management.
`10 http://wiki.servicenow.com/index.php?title=Discovery; http://www.servicenow.com/products/discovery.html.
`11 http://wiki.servicenow.com/index.php?title=Orchestration.
`12 http://www.servicenow.com/products/orchestration.html.
`13 http://www.servicenow.com/products/it-service-automation-applications/change-and-release-management.html;
`http://wiki.servicenow.com/index.php?title=ITIL_Change_Management.
`
`
`
`9
`
`ServiceNow's Exhibit No. 1008
`
`009
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 10 of 31 PageID #: 10
`
`
`
`19.
`
`These statements by ServiceNow’s CEO and the statements of its founder, Fred
`
`Luddy, demonstrate that ServiceNow is unlawfully reaping the fruits of BMC’s investments in
`
`research and development (i.e., BMC’s patented innovations) and with the purpose of irreparably
`
`harming BMC. ServiceNow is also deliberately losing money in the short-term and offering
`
`competing products at cut-rate prices for the same purpose, which ServiceNow can do only
`
`because it did not make the enormous investments in research and development that were
`
`required to build each of these foundational technologies.
`
`JURISDICTION AND VENUE
`
`20.
`
`This is a civil action for patent infringement arising under the patent laws of the
`
`United States, including 35 U.S.C. §§ 271, 281, 283, 284, and 285. This court has jurisdiction of
`
`such claims pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`21.
`
`Personal jurisdiction is proper in the State of Texas and in this judicial district.
`
`Among other things, Defendant conducts business, sells infringing products, and is engaged in
`
`activities that infringe BMC’s IT management patents in the State of Texas and in this judicial
`
`district.
`
`22.
`
`Venue is proper under 28 U.S.C. §§ 1391 and 1400(b).
`
`THE PATENTS IN SUIT
`
`23.
`
`On November 2, 1999, the United States Patent and Trademark Office
`
`(“USPTO”) duly and legally issued United States Patent No. 5,978,594 (“the ’594 patent”)
`
`entitled “System for managing computer resources across a distributed computing environment
`
`by first reading discovery information about how to determine system resources presence.”
`
`BMC holds all substantial rights, title, and interest to the ’594 patent. A true and correct copy of
`
`the ’594 patent is attached as Exhibit A.
`
`
`
`10
`
`ServiceNow's Exhibit No. 1008
`
`010
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 11 of 31 PageID #: 11
`
`
`
`24.
`
`On November 9, 2004, the USPTO duly and legally issued United States Patent
`
`No. 6,816,898 (“the ’898 patent”) entitled “Interfacing external metrics into a performance
`
`management system.” BMC holds all substantial rights, title, and interest to the ’898 patent. A
`
`true and correct copy of the ’898 patent is attached as Exhibit B.
`
`25.
`
`On May 17, 2005, the USPTO duly and legally issued United States Patent No.
`
`6,895,586 (“the ’586 patent”) entitled “Enterprise management system and method which
`
`includes a common enterprise-wide namespace and prototype-based hierarchical inheritance.”
`
`BMC holds all substantial rights, title, and interest to the ’586 patent. A true and correct copy of
`
`the ’586 patent is attached as Exhibit C.
`
`26.
`
`On June 13, 2006, the USPTO duly and legally issued United States Patent No.
`
`7,062,683 (“the ’683 patent”) entitled “Two-phase root cause analysis.” BMC holds all
`
`substantial rights, title, and interest to the ’683 patent. A true and correct copy of the ’683 patent
`
`is attached as Exhibit D.
`
`27.
`
`On November 10, 2009, the USPTO duly and legally issued United States Patent
`
`No. 7,617,073 (“the ’073 patent”) entitled “System and method for assessing and indicating the
`
`health of components.” BMC holds all substantial rights, title, and interest to the ’073 patent. A
`
`true and correct copy of the ’073 patent is attached as Exhibit E.
`
`28.
`
`On February 4, 2014, the USPTO duly and legally issued United States Patent No.
`
`8,646,093 (“the ’093 patent”) entitled “Method and system for configuration management
`
`database software license compliance.” BMC holds all substantial rights, title, and interest to the
`
`’093 patent. A true and correct copy of the ’093 patent is attached as Exhibit F.
`
`29.
`
`On March 18, 2014, the USPTO duly and legally issued United States Patent No.
`
`8,674,992 (“the ’992 patent”) entitled “Spotlight graphs.” BMC holds all substantial rights, title,
`
`
`
`11
`
`ServiceNow's Exhibit No. 1008
`
`011
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 12 of 31 PageID #: 12
`
`
`
`and interest to the ’992 patent. A true and correct copy of the ’992 patent is attached as Exhibit
`
`G.
`
`SERVICENOW’S INFRINGING PRODUCTS
`
`30.
`
`ServiceNow has infringed, and continues to infringe, directly and indirectly
`
`through induced and/or contributory infringement, the asserted patents by making, having made,
`
`using, offering to sell, selling, and/or providing installation, operational support, and instructions
`
`for one or more of the products identified in this Complaint, including the ServiceNow Service
`
`Automation Platform and related products such as ServiceNow Incident Management,
`
`ServiceNow Problem Management, ServiceNow Performance Analytics, ServiceNow Business
`
`Services Management Map, ServiceWatch, ServiceNow
`
`IT Operations Management,
`
`ServiceNow Configuration Management, including the ServiceNow Configuration Management
`
`Database (CMDB), ServiceNow Discovery, ServiceNow Orchestration (formerly known as
`
`ServiceNow Runbook Automation), and ServiceNow Change and Release Management.
`
`COUNT 1: INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Paragraphs 1 through 30 are incorporated as if fully set forth herein.
`
`On information and belief, ServiceNow directly infringes and will continue to
`
`31.
`
`32.
`
`infringe, directly and indirectly, through induced and/or contributory infringement, one or more
`
`claims of the ’594 patent by making, using, offering to sell, selling, and/or providing installation,
`
`operational support, and instructions for infringing products, including the ServiceNow Service
`
`Automation Platform and related products.
`
`33.
`
`On information and belief, ServiceNow is inducing infringement and will
`
`continue to induce infringement of the ’594 patent for at least the following reasons.
`
`ServiceNow has had actual notice of the ’594 patent no later than the filing date of this
`
`
`
`12
`
`ServiceNow's Exhibit No. 1008
`
`012
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 13 of 31 PageID #: 13
`
`
`
`Complaint. Despite ServiceNow’s actual notice of infringement, ServiceNow continues to make,
`
`use, sell, offer to sell, and provide installation, operational support, and instructions for
`
`infringing products, including the ServiceNow Service Automation Platform and related
`
`products, with the knowledge or willful blindness that its conduct will induce ServiceNow’s
`
`customers to infringe the ’594 patent. ServiceNow engages in many activities that encourage its
`
`customers to infringe the ’594 patent, including (i) advertising and promotion efforts for the
`
`ServiceNow Service Automation Platform and related products; 14 (ii) the publication of
`
`demonstrational videos concerning the ServiceNow Service Automation Platform and related
`
`products;15 (iii) the publication of data sheets that purport to describe alleged benefits customers
`
`will derive from embracing the ServiceNow Service Automation Platform and related products;16
`
`(iv) the publication of “white papers” that purport to describe the alleged virtues of the
`
`ServiceNow Service Automation Platform and related products;17 (v) the publication of various
`
`“case studies” featuring alleged success stories involving customers who have embraced the
`
`ServiceNow Service Automation Platform and related products; 18 (vi) the publication of
`
`numerous webpages that provide details concerning various aspects of the ServiceNow
`
`Automation Platform and related products that are intended to incite customer interest in the
`
`infringing product; 19 (vii) the publication of tutorial, demonstration, and “best practices”
`
`
`14 http://www.servicenow.com/products/service-automation-platform.html.
`15 http://info.servicenow.com/DemoNow.
`16 http://www.servicenow.com/content/dam/servicenow/documents/datasheets/ds-service-automation-platform.pdf.
`17 http://info.servicenow.com/LP=1931.
`18http://www.servicenow.com/content/dam/servicenow/documents/case-studies/cs-lennox-20130612.pdf;
`http://www.servicenow.com/content/dam/servicenow/documents/case-studies/cs-informa-2012.pdf;
`http://www.servicenow.com/content/dam/servicenow/documents/case-studies/cs-brit-201202.pdf.
`19 http://wiki.servicenow.com/index.php?title=Incident_Management;
`http://www.servicenow.com/products/it-service-automation-applications/incident-management.html;
`http://www.servicenow.com/products/it-service-automation-applications/problem-management.html;
`http://wiki.servicenow.com/index.php?title=Problem_Management;
`http://www.servicenow.com/products/performance-analytics.html;
`http://wiki.servicenow.com/index.php?title=Performance_Analytics;
`
`
`
`
`13
`
`ServiceNow's Exhibit No. 1008
`
`013
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 14 of 31 PageID #: 14
`
`
`
`instructional videos concerning the ServiceNow Automation Platform and related products;20
`
`(viii) the provision of “customer support to every customer” as well as “user forums, blogs,
`
`product documentation, and useful solutions.” 21 Through these activities, ServiceNow
`
`specifically intends that its customers directly infringe the ’594 patent.
`
`34.
`
`On information and belief, ServiceNow is contributorily infringing and will
`
`continue to contributorily infringe the ’594 patent for at least the following reasons. ServiceNow
`
`has had actual notice of the ’594 patent no later than the filing date of this Complaint.
`
`ServiceNow provides to its customers, the direct infringers, software components, such as the
`
`ServiceNow Discovery and ServiceNow Orchestration (formerly known as ServiceNow
`
`Runbook Automation) applications, that lack substantial non-infringing uses and that lead to
`
`infringement when combined with other portions of the ServiceNow Automation Platform and
`
`related products used by ServiceNow’s customers. These infringing components are a material
`
`part of the ServiceNow Automation Platform and related products, which would not function
`
`properly without them.
`
`35.
`
`36.
`
`37.
`
`ServiceNow derives revenue from selling its infringing products.
`
`COUNT 2: INFRINGEMENT OF U.S. PATENT NO. 6,816,898
`
`Paragraphs 1 through 35 are incorporated as if fully set forth herein.
`
`On information and belief, ServiceNow directly infringes and will continue to
`
`infringe, directly and indirectly, through induced and/or contributory infringement, one or more
`
`
`http://www.servicenow.com/products/it-service-automation-applications/asset-management.html;
`http://wiki.servicenow.com/index.php?title=Asset_Management;
`http://www.servicenow.com/products/it-service-automation-applications/configuration-management.html;
`http://wiki.servicenow.com/index.php?title=Introduction_to_Assets_and_Configuration;
`http://www.servicenow.com/products/it-service-automation-applications/change-and-release-management.html;
`http://wiki.servicenow.com/index.php?title=ITIL_Change_Management.
`20 http://wiki.servicenow.com/index.php?title=Video_Tutorials.
`21 http://wiki.servicenow.com/index.php?title=Customer_Support.
`
`
`
`14
`
`ServiceNow's Exhibit No. 1008
`
`014
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 15 of 31 PageID #: 15
`
`
`
`claims of the ’898 patent by making, using, offering to sell, selling, and/or providing installation,
`
`operational support, and instructions for infringing products, including the ServiceNow Service
`
`Automation Platform and related products.
`
`38.
`
`On information and belief, ServiceNow is inducing infringement and will
`
`continue to induce infringement of the ’898 patent for at least the following reasons.
`
`ServiceNow has had actual notice of the ’898 patent no later than the filing date of this
`
`Complaint. Despite ServiceNow’s actual notice of infringement, ServiceNow continues to make,
`
`use, sell, offer to sell, and provide installation, operational support, and instructions for
`
`infringing products, including the ServiceNow Service Automation Platform and related
`
`products, with the knowledge or willful blindness that its conduct will induce ServiceNow’s
`
`customers to infringe the ’898 patent. ServiceNow engages in many activities that encourage its
`
`customers to infringe the ’898 patent, including (i) advertising and promotion efforts for the
`
`ServiceNow Service Automation Platform and related products; 22 (ii) the publication of
`
`demonstrational videos concerning the ServiceNow Service Automation Platform and related
`
`products;23 (iii) the publication of data sheets that purport to describe alleged benefits customers
`
`will derive from embracing the ServiceNow Service Automation Platform and related products;24
`
`(iv) the publication of “white papers” that purport to describe the alleged virtues of the
`
`ServiceNow Service Automation Platform and related products;25 (v) the publication of various
`
`“case studies” featuring alleged success stories involving customers who have embraced the
`
`ServiceNow Service Automation Platform and related products; 26 (vi) the publication of
`
`
`22 http://www.servicenow.com/products/service-automation-platform.html.
`23 http://info.servicenow.com/DemoNow.
`24 http://www.servicenow.com/content/dam/servicenow/documents/datasheets/ds-service-automation-platform.pdf.
`25 http://info.servicenow.com/LP=1931.
`26http://www.servicenow.com/content/dam/servicenow/documents/case-studies/cs-lennox-20130612.pdf;
`
`
`
`
`15
`
`ServiceNow's Exhibit No. 1008
`
`015
`
`
`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 16 of 31 PageID #: 16
`
`
`
`numerous webpages that provide details concerning various aspects of the ServiceNow
`
`Automation Platform and related products that are intended to incite customer interest in the
`
`infringing product; 27 (vii) the publication of tutorial, demonstration, and “best practices”
`
`instructional videos concerning the ServiceNow Automation Platform and related products;28
`
`(viii) the provision of “customer support to every customer” as well as “user forums, blogs,
`
`product documentation, and useful solutions.” 29 Through these activities, ServiceNow
`
`specifically intends that its customers directly infringe the ’898 patent.
`
`39.
`
`On information and belief, ServiceNow is contributorily infringing and will
`
`continue to contributorily infringe the ’898 patent for at least the following reasons. ServiceNow
`
`has had actual notice of the ’898 patent no later than the filing date of this Complaint.
`
`ServiceNow provides to its customers, the direct infringers, software components, such as the
`
`ServiceNow Performance Analytics, ServiceNow Discovery, and ServiceNow Orchestration
`
`(formerly known as ServiceNow Runbook Automation) applications, that lack substantial non-
`
`infringing uses and that lead to infringement when combined with other portions of the
`
`ServiceNow Automation Platform and related products used by ServiceNow’s customers. These
`
`
`http://www.servicenow.com/content/dam/servicenow/documents/case-studies/cs-informa-2012.pdf;
`http://www.servicenow.com/content/dam/servicenow/documents/case-studies/cs-brit-201202.pdf.
`27 http://wiki.servicenow.com/index.php?title=Incident_Management;
`http://www.servicenow.com/products/it-service-automation-applications/incident-management.html;
`http://www.servicenow.com/products/it-service-automation-applications/problem-management.html;
`http://wiki.servicenow.com/index.php?title=Problem_Management;
`http://www.servicenow.com/products/performance-analytics.html;
`http://wiki.servicenow.com/index.php?title=Performance_Analytics;
`http://www.servicenow.com/products/it-service-automation-applications/asset-management.html;
`http://wiki.servicenow.com/index.php?title=Asset_Management;
`http://www.servicenow.com/products/it-service-automation-applications/configuration-management.html;
`http://wiki.servicenow.com/index.php?title=Introduction_to_Assets_and_Configuration;
`http://www.servicenow.com/products/it-service-automation-applications/change-and-release-management.html;
`http://wiki.servicenow.com/index.php?title=ITIL_Change_Management.
`28 http://wiki.servicenow.com/index.php?title=Video_Tutorials.
`29 http://wiki.servicenow.com/index.php?title=Customer_Support.
`
`
`
`16
`
`Serv