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UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`ServiceNow, Inc.,
`Petitioner
`
`v.
`
`BMC Software, Inc.,
`Patent Owner
`
`___________________
`
`Case CBM2015-00170
`Patent 8,646,093
`___________________
`
`
`PATENT OWNER’S MANDATORY NOTICES PURSUANT TO
`37 C.F.R. §42.8(a)(2)
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`

`
`
`
`
`
`
`
`Case CBM2015-00170 for
`U.S. Patent No. 8,646,093
`
`Patent Owner, BMC Software, Inc., hereby files its Mandatory Notices for
`
`the above-captioned proceeding. This notice is being timely filed within 21 days
`
`of service of the August 10, 2015 petition.
`
`I.
`
`37 C.F.R § 42.8(b)(1) – REAL PARTY-IN-INTEREST
`
`The patent owner and real party-in-interest is BMC Software, Inc.
`
`II.
`
`37 C.F.R § 42.8(b)(2) – RELATED MATTERS
`
`Patent Owner has asserted U.S. Patent No. 8,646,093 against Petitioner in a
`
`lawsuit styled BMC Software, Inc. v. ServiceNow, Inc., 2:14-cv-00903, pending in
`
`the United States District Court for the Eastern District of Texas (filed September
`
`23, 2014).
`
`Petitioner has requested Inter Partes Review of U.S. Patent No. 8,646,093 in
`
`the action styled ServiceNow, Inc. v. BMC Software, Inc. (IPR2015-01555) (filed
`
`July 6, 2015).
`
`37 C.F.R § 42.8(b)(3) – LEAD AND BACKUP COUNSEL
`
`III.
`The lead counsel for BMC Software, Inc., is:
`
`Robert A. Cote, Reg. No. 34,570
`rcote@mckoolsmith.com
`McKOOL SMITH, P.C.
`One Bryan Park, 47th Floor
`New York, NY 10036
`Tel.: 212-402-9400
`Fax: 212-402-9444
`
`
`
`
`1
`
`
`
`
`
`
`
`

`
`
`
`
`
`IV.
`
`Pierre Hubert, Reg. No. 45,826
`phubert@mckoolsmith.com
`McKOOL SMITH, P.C.
`300 W. 6th Street, Suite 1700
`Austin, TX 78701
`Tel.: 512-692-8700
`Fax: 512-692-8744
`
`
`
`
`
`
`
`
`
`Robert Auchter, Reg. No. 38,069
`rauchter@mckoolsmith.com
`McKOOL SMITH, P.C.
`1999 K Street, N.W., Suite 600
`Washington, D.C. 20006
`Tel.: 202-370-8300
`Fax: 202-370-8344
`
`Kevin Schubert, Reg. No. 59,232
`kschubert@mckoolsmith.com
`McKOOL SMITH, P.C.
`One Bryan Park, 47th Floor
`New York, NY 10036
`Tel.: 212-402-9400
`Fax: 212-402-9444
`
`
`
`Case CBM2015-00170 for
`U.S. Patent No. 8,646,093
`
`The backup counsel for BMC Software, Inc., are:
`
`
`
`
`
`37 C.F.R § 42.8(b)(4) – SERVICE INFORMATION
`
`Please address all correspondence to the lead and backup counsel as shown
`
`above.
`
` Patent Owner consents
`
`to electronic service by e-mail at
`
`02184-00002_CBM093@McKoolSmith.com.
`
` Respectfully submitted,
` MCKOOL SMITH, P.C.
`
`
`
`
`/s/ Robert A. Cote
`Robert A. Cote
`2
`
`
`
`
`
`

`
`
`
`Case CBM2015-00170 for
`U.S. Patent No. 8,646,093
`
`Registration No. 34,570
`Lead Counsel for Patent Owner
`
`
`
`
`
`
`
`Date: August 31, 2015
`
`McKOOL SMITH, P.C.
`300 W. 6th Street, Suite 1700
`Austin, TX 78724
`Tel.: 512-692-8700
`Fax: 512-692-8744
`
`
`
`
`3
`
`
`
`

`
`
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that the foregoing “Patent Owner’s
`
`Mandatory Notices Pursuant to C.F.R. §42.8(a)(2)” and accompanying Power of
`
`Attorney were served electronically via e-mail on August 31, 2015, in their
`
`entireties on the following counsel of record for Petitioners:
`
`Heidi L. Keefe, Reg. No. 40,673
`hkeefe@cooley.com
`zpatdcdocketing@cooley.com
`Phillip E. Morton, Reg. No. 57,835
`pmorton@cooley.com
`Andrew C. Mace, Reg. No. 63,342
`amace@cooley.com
`COOLEY LLP
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`
`Tel: 650-843‐5001
`Fax: 650-849‐7400
`
`
`
`
`
`
`
`/s/ Robert A. Cote
`Robert A. Cote
`Registration No. 34,570
`Lead Counsel for Patent Owner

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