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

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`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 15 of 31 PageID #: 15
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`
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`claims of the ’898 patent by making, using, offering to sell, selling, and/or providing installation,
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`operational support, and instructions for infringing products, including the ServiceNow Service
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`Automation Platform and related products.
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`38.
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`On information and belief, ServiceNow is inducing infringement and will
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`continue to induce infringement of the ’898 patent for at least the following reasons.
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`ServiceNow has had actual notice of the ’898 patent no later than the filing date of this
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`Complaint. Despite ServiceNow’s actual notice of infringement, ServiceNow continues to make,
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`use, sell, offer to sell, and provide installation, operational support, and instructions for
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`infringing products, including the ServiceNow Service Automation Platform and related
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`products, with the knowledge or willful blindness that its conduct will induce ServiceNow’s
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`customers to infringe the ’898 patent. ServiceNow engages in many activities that encourage its
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`customers to infringe the ’898 patent, including (i) advertising and promotion efforts for the
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`ServiceNow Service Automation Platform and related products; 22 (ii) the publication of
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`demonstrational videos concerning the ServiceNow Service Automation Platform and related
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`products;23 (iii) the publication of data sheets that purport to describe alleged benefits customers
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`will derive from embracing the ServiceNow Service Automation Platform and related products;24
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`(iv) the publication of “white papers” that purport to describe the alleged virtues of the
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`ServiceNow Service Automation Platform and related products;25 (v) the publication of various
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`“case studies” featuring alleged success stories involving customers who have embraced the
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`ServiceNow Service Automation Platform and related products; 26 (vi) the publication of
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`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;
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`
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`15
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`

`
`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 16 of 31 PageID #: 16
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`
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`numerous webpages that provide details concerning various aspects of the ServiceNow
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`Automation Platform and related products that are intended to incite customer interest in the
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`infringing product; 27 (vii) the publication of tutorial, demonstration, and “best practices”
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`instructional videos concerning the ServiceNow Automation Platform and related products;28
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`(viii) the provision of “customer support to every customer” as well as “user forums, blogs,
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`product documentation, and useful solutions.” 29 Through these activities, ServiceNow
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`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
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`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
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`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
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`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.
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`16
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`

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`Case 2:14-cv-00903 Document 1 Filed 09/23/14 Page 17 of 31 PageID #: 17
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`
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`infringing components are a material part of the ServiceNow Automation Platform and related
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`products, which would not function properly without them.
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`40.
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`ServiceNow derives substantial revenue from selling its infringing products.
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`COUNT 3: INFRINGEMENT OF U.S. PATENT NO. 6,895,586
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`Paragraphs 1 through 40 are incorporated as if fully set forth herein.
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`On information and belief, ServiceNow directly infringes and will continue to
`
`41.
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`42.
`