Document Fragment View

Matching Fragments

Pursuant to the AFS, the Assessee was required to provide various services w.r.t. patent litigation, inter alia, including patent review, patent infringement analysis, source code review, technical document review and analysis, accused system experimentation, etc.

b) In the BMC matter, since the accused products were software products, the Assessee was required to review the source code of the accused products to prove infringement under the `Discovery' process.

c) Accordingly, BMC Software and Service Now obtained a Protective Order dated 20 February 2015 from the US District Court. As can be seen from Page 25 [section 14] of the Protective Order issued by the US District Court:

i) The source code produced in Discovery process by BMC Software was to be made available for inspection, in electronic form at the Dallas, Texas, or Houston, Texas office of its outside counsel McKool Smith PC, or any other location mutually agreed to by the Parties; and