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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 IPR2015-01176
`Patent 5,978,594
`
`NOTICE OF STIPULATION TO MODIFY
`TRIAL DUE DATE 1
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board U.S.
`Patent and Trademark Office P.O.
`Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
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`
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`
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`
`
`

`
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`
`
`Petitioner, ServiceNow, Inc., and Patent Owner, BMC Software, Inc., have
`
`Case IPR2015-01176
`U.S. Patent No. 5,978,594
`
`jointly agreed to modify the November 16, 2015 Scheduling Order (Paper 11) that
`
`the Board issued for the above-captioned proceeding. Prior authorization for this
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`Stipulation was provided in the Scheduling Order. (Paper 11, p. 2.)
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`Specifically, Petitioner and Patent Owner have agreed to modify DUE DATE
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`1 as follows:
`
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`Modified DUE DATE 1…... February 18, 2016 February 22, 2016
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`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent1
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`This joint modification is possible without modifying Due Dates 2 - 7. So all
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`
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`other DUE DATES in the Scheduling Order remain the same. DUE DATE 2 - 7
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`remain unchanged.
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`1 U.S. Patent No. 5,978,594 has expired and may not be amended.
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`
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`- 1 -
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`

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`
`
`Case IPR2015-01176
`U.S. Patent No. 5,978,594
`
`It is not believed that any other action, by the parties or by the Board, is
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`required to put the requested schedule modification into effect. Accordingly, Patent
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`Owner will file its response to the petition no later than February 22, 2016.
`
`Date: January 26, 2016
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`
`
`Respectfully submitted,
`
`/Robert A. Auchter/
`Robert A. Auchter
`Reg. No. 38,069
`McKOOL SMITH, P.C.
`Counsel for Patent Owner
`
`/Andrew Mace/
`Andrew Mace
`Reg. No.
`63,342
`COOLEY LLP
`Counsel for ServiceNow, Inc.
`
`- 2 -
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`

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`
`
`Case IPR2015-01176
`U.S. Patent No. 5,978,594
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that
`
`the foregoing NOTICE OF
`
`STIPULATION TO MODIFY TRIAL DUE DATE 1 was served electronically
`
`via e-mail on January 26, 2016 in its entirety on the following counsel of record for
`
`Petitioner:
`
`
`Heidi L. Keefe
`Phillip E. Morton
`Andrew C. Mace
`Mark R. Weinstein
`COOLEY LLP
`hkeefe@cooley.com
`pmorton@cooley.com
`amace@cooley.com
`mweinstein@cooley.com
`zpatdcdocketing@cooley.com
`
`
`Respectfully submitted,
`McKOOL SMITH P.C.
`
`/Robert A. Auchter/
`
`Robert A. Auchter
`Registration No. 38,069
`Counsel for Patent Owner
`
`- 3 -
`
`
`Date: January 26, 2016
`
`1999 K Street, N.W.,
`Suite 600 Washington, D.C.
`20006
`(202) 370-8300

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