lawsuitBMC Software, a Houston based software and technology company, has officially filed a lawsuit against the California based provider ServiceNow for infringing on patents and inhibiting profits.  The suit accuses ServiceNow of violating more than half a dozen patents held by BMC Software and alleges that ServiceNow has reduced the demand for BMC’s products and reduced potential sales.

BMC Software holds patents on a variety of management, metrics and analytics tools developed specifically for their software products.  This lawsuit alleges that ServiceNow enlisted the help of former BMC Software engineers who helped develop the patented software in question and that they have since released products with similar features and tools.  In the lawsuit BMC Software is seeking both monetary damages and a permanent order against the defendant to prevent future patent violations.

While the facts available in this case would seem to point in BMC Software’s favor, this certainly isn’t the prototypical case when it comes to copyright or patent infringement.  In many cases of copyright or patent infringement there will be no direct connection between past employees, etc. and it will be much more difficult for the plaintiff to put together all of the evidence necessary for a strong case.

Copyright and patent laws can seem confusing on even the most basic levels.  In instances where territory or category are called into question or where there is an accusation of infringement on an artistic or intellectual copyright or patent, the cases become even more difficult.

If you feel as though someone is using your protected information for their own personal or financial gain you need to seek the help of a qualified professional immediately.  An experienced California business attorney can help you navigate the complex and confusing patent laws and help you determine the best course of action to protect your business and your financial future.

AXIS Legal Counsel’s Business and Corporations Practice provides legal advice to numerous businesses with a variety of legal matters, including business formations, contracts, deals, and transactions, business administration, corporate governance, operations, risk management / insurance, labor/employment matters, healthcare, crisis management, directors/officers, private/data security, technology, statutory/legal compliance, and business litigation. AXIS represents businesses, corporations, LLCs, LLPS, partnerships, and startups in need of a corporate lawyer, for business legal matters as well as business litigation.

For information on retaining AXIS Legal Counsel to represent your business in connection with any legal matter, contact or call (213) 403-0130 for a confidential consultation. AXIS is a Los Angeles corporate law firm serving business clients with a wide variety of legal matters. Axis’ managing attorney Rabeh M. A. Soofi is ranked as one of the “Top Women Lawyers of Southern California” by SuperLawyers, and is a Los Angeles corporate / business lawyer representing businesses and start-ups throughout Los Angeles and California.