INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Exhibit A: ’594 Infringement Chart Against ServiceNow Discovery
`
`Claim 1
`A method of
`determining whether a
`resource is present on a
`computer system,
`comprising the steps
`of:
`
`ServiceNow Discovery
`ServiceNow’s Discovery product implements a method of determining whether a resource is present on a
`computer system. 1 The ServiceNow Discovery application finds computers and other devices connected to
`an enterprise’s network, and also locates other resources running on a computer system by using probes.
`
`
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`
`
`
`
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`
`1 These infringement contentions are prepared with publically available information. BMC’s investigation is ongoing and discovery has not yet begun. BMC
`reserves the right to amend or supplement these contentions after further investigation and discovery. BMC further reserves the right to accuse different
`products, or find alternative literal and/or equivalent infringing elements in ServiceNow’s products, based on further investigation and discovery, the claim
`construction process before the Court, or other circumstances so meriting. Such supplemental information may include, but is not limited to, source code, data
`sheets, design specifications, deposition testimony, testing information, reference designs, implementation and utilization information, and/or schematics. In
`addition, ServiceNow has not yet advised BMC of any non-infringement arguments, as to this or any other claim limitation. If and when it does so, BMC will
`address such arguments, including by providing any appropriate additional discussion pertaining to the application of the doctrine of equivalents with respect to
`ServiceNow’s argument concerning non-infringement.
`
`1
`
`Exhibit A
`
`
`
`Exhibit A: ’594 Infringement Chart Against ServiceNow Discovery
`
`Claim 1
`A method of
`determining whether a
`resource is present on a
`computer system,
`comprising the steps
`of:
`
`ServiceNow Discovery
`ServiceNow’s Discovery product implements a method of determining whether a resource is present on a
`computer system. 1 The ServiceNow Discovery application finds computers and other devices connected to
`an enterprise’s network, and also locates other resources running on a computer system by using probes.
`
`
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`
`
`
`
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`
`1 These infringement contentions are prepared with publically available information. BMC’s investigation is ongoing and discovery has not yet begun. BMC
`reserves the right to amend or supplement these contentions after further investigation and discovery. BMC further reserves the right to accuse different
`products, or find alternative literal and/or equivalent infringing elements in ServiceNow’s products, based on further investigation and discovery, the claim
`construction process before the Court, or other circumstances so meriting. Such supplemental information may include, but is not limited to, source code, data
`sheets, design specifications, deposition testimony, testing information, reference designs, implementation and utilization information, and/or schematics. In
`addition, ServiceNow has not yet advised BMC of any non-infringement arguments, as to this or any other claim limitation. If and when it does so, BMC will
`address such arguments, including by providing any appropriate additional discussion pertaining to the application of the doctrine of equivalents with respect to
`ServiceNow’s argument concerning non-infringement.
`
`1
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`As such, ServiceNow infringes this limitation when Discovery is performed. ServiceNow further infringes
`because the claimed method is automatically performed by ServiceNow’s Discovery product.
`The discovery process performed by ServiceNow’s Discovery product reads, from a storage device coupled
`to the computer system, discovery information about how to determine whether the resource is present on the
`computer system. ServiceNow’s MID Server reads discovery information (e.g., probes) from a storage
`device that is coupled to the computer system. The probes are information about how to determine whether a
`resource is present on the computer system.
`
`
`
`
`reading, from a storage
`device coupled to the
`computer system,
`discovery information
`about how to determine
`whether the resource is
`present on the
`computer system;
`
`http://wiki.servicenow.com/index.php?title=Discovery_Made_Easy
`
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`
`
`
`
`2
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`
`http://wiki.servicenow.com/index.php?title=File:Discovery_Communications_Diagram.png
`
`http://wiki.servicenow.com/index.php?title=MID_Server_Requirements
`
`3
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=MID_Server
`
`http://wiki.servicenow.com/index.php?title=Deploying_Multiple_MID_Servers
`
`
`
`
`
`http://wiki.servicenow.com/index.php?title=MID_Server_Installation
`
`4
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=MID_Server_Configuration
`
`
`
`5
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Made_Easy
`
`6
`
`
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`http://wiki.servicenow.com/index.php?title=ECC_Queue
`
`http://wiki.servicenow.com/index.php?title=Discovery_Probes_and_Sensors
`
`7
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Probes_and_Sensors
`
`8
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Probes_and_Sensors
`
`As such, ServiceNow infringes this limitation when Discovery is performed. ServiceNow further infringes
`because the claimed method is automatically performed by ServiceNow’s Discovery product.
`
`
`The discovery process performed by ServiceNow’s Discovery product finds, on the storage device,
`instructions that are referred to in the discovery information, that are written in an interpretable high-level
`computer programming language, and that are stored on the storage device in their uninterpreted form.
`ServiceNow’s MID Server finds scripts that are referred to by, for example, discovery probes. In one
`example, these scripts are written in JavaScript and stored in their uninterpreted form.
`
`9
`
`Exhibit A
`
`finding, on the storage
`device, instructions
`that are referred to in
`the discovery
`information, that are
`written in an
`interpretable high-level
`computer programming
`language, and that are
`stored on the storage
`device in their
`
`
`
`Claim 1
`uninterpreted form
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Probes_and_Sensors
`
`10
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`11
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`12
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Custom_Probe_-_Text_File
`
`As such, ServiceNow infringes this limitation when Discovery is performed. ServiceNow further infringes
`because the claimed method is automatically performed by ServiceNow’s Discovery product.
`
`
`The discovery process performed by ServiceNow’s Discovery product interprets the instructions for the
`purpose of collecting data for use in determining whether the resource is present on the computer system.
`For example, the scripts referred to by ServiceNow’s discovery probes are interpreted by ServiceNow’s MID
`Server for the purpose of collecting data for use in determining whether the resource is present on the
`computer system.
`
`
`interpreting the
`instructions for the
`purpose of collecting
`data for use in
`determining whether
`the resource is present
`on the computer
`system; and
`
`http://wiki.servicenow.com/index.php?title=MID_Server
`
`13
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Agentless_Architecture
`
`
`
`14
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Made_Easy
`
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`15
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`
`
`As such, ServiceNow infringes this limitation when Discovery is performed. ServiceNow further infringes
`because the claimed method is automatically performed by ServiceNow’s Discovery product.
`
`determining,
`responsive to the
`collected data, whether
`the resource is present
`on the computer
`system.
`
`
`The discovery process performed by ServiceNow’s Discovery product determines, responsive to the collected
`data, whether the resource is present on the computer system. Collected data is processed by the ServiceNow
`instance to determine whether a resource is present on a computer system, thereby updating or creating new
`objects in a Configuration Management Database (CMDB) to reflect the resources present on the computer
`system.
`
`
`16
`
`
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Made_Easy
`
`
`
`17
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Agentless_Architecture
`
`
`
`18
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Discovery_Made_Easy
`
`
`
`19
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=ECC_Queue
`
`http://wiki.servicenow.com/index.php?title=Discovery_Probes_and_Sensors#Creating_a_Sensor
`
`http://wiki.servicenow.com/index.php?title=Discovery_Agentless_Architecture
`
`
`20
`
`Exhibit A
`
`
`
`INFRINGEMENT OF U.S. PATENT NO. 5,978,594
`
`Claim 1
`
`ServiceNow Discovery
`
`http://wiki.servicenow.com/index.php?title=Getting_Started_with_Agentless_Discovery
`
`
`
`As such, ServiceNow infringes this limitation when Discovery is performed. ServiceNow further infringes
`because the claimed method is automatically performed by ServiceNow’s Discovery product.
`
`
`
`
`
`21
`
`Exhibit A
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