Cherwell Software, LLC filed a complaint for declaratory judgment of non-infringement against BMC Software, LLC on June 8. Cherwell seeks a declaration that its Cherwell Service Management Platform does not infringe the following patents:
- U.S. Patent No. 6,895,586, entitled “Enterprise Management System and Method Which Includes a Common Enterprise-Wide Namespace and Prototype-Based Hierarchical Inheritance”
- U.S. Patent No. 8,082,222, entitled “CMDB Federation Method and Management System”
- U.S. Patent No. 6,168,898, entitled “Interfacing External Metrics into a Performance Management System”
- U.S. Patent No. 7,877,783, entitled “System and Method for Secure Communications with a Remote Software Program”
- U.S. Patent No. 9,239,857, entitled “System and Method for Building Business Service Model”
- U.S. Patent No. 8,832,652, entitled “Method for Customizing Software Applications”
- U.S. Patent No. 9,363,252, also entitled “Method for Customizing Software Applications”
BMC previously filed a complaint against Cherwell alleging infringement of these patents in the Eastern District of Texas. Cherwell’s complaint asserts that the Supreme Court’s recent TC Heartland decision renders venue improper in the Eastern District of Texas, and that Cherwell intends to file a motion to dismiss the Texas action. BMC also filed a suit against Cherwell in the Northern District of Texas following the TC Heartland decision.
Cherwell is headquartered in Colorado Springs.
Cherwell is represented by Scott R. Bialecki and JD Schneider of Faegre Baker Daniels LLP, Denver, Colorado; and Robert A. Van Nest, Eugene M. Paige, Warren A. Braunig, Sharif E. Jacob, William S. Hicks, and Philip J. Tassin of Keker, Van Nest & Peters LLP, San Francisco, California.
The complaint is available here.