BMC Software, Inc. v. ServiceNow, Inc., No. 2:14-cv-00903 (E.D. Tex. May 18, 2015)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Defendant ServiceNow, Inc.’s Motion to Dismiss Complaint Pursuant to Federal Rule of Civil Proc edure 12(b)(6) (Dkt. No. 14). Ha ving considered the motion, the parties’ briefing, and the complaint in light of the applicable law, the Court DENIES the motion for the reasons set forth below. APPLICABLE LAW In a patent case, the court analyzes a motion to dismiss for failure to state a claim under the law of the regional circuit. Content Extraction & Transmi ssion LLC v. Wells Fargo Bank , Nat. Ass'n, 776 F.3d 1343, 1346 (Fed. Cir.