No. 24-569
BMC Software, Inc. v. International Business Machines Corporation
Response RequestedResponse WaivedRelisted (2)
Tags: commercial-licensing contract-interpretation copyright-law fifth-circuit-ruling software-licensing trade-restraint
Key Terms:
Antitrust HabeasCorpus Copyright TradeSecret Patent Privacy JusticiabilityDoctri
Antitrust HabeasCorpus Copyright TradeSecret Patent Privacy JusticiabilityDoctri
Latest Conference:
2025-03-07
(distributed 2 times)
Question Presented (from Petition)
Whether the Fifth Circuit erred in overriding a license agreement's plain language and holding that a contractual provision regarding the use of copyrighted software would be unreasonable and an unlawful restraint on trade if it could limit the commercial options available to third parties.
Question Presented (AI Summary)
Whether the Fifth Circuit erred in overriding a license agreement's plain language and holding that a contractual provision regarding the use of copyrighted software would be unreasonable and an unlawful restraint on trade if it could limit the commercial options available to third parties
Docket Entries
2025-03-10
Petition DENIED.
2025-02-19
DISTRIBUTED for Conference of 3/7/2025.
2025-02-13
Reply of BMC Software, Inc. submitted.
2025-02-13
Reply of petitioner BMC Software, Inc. filed.
2025-02-05
Brief of International Business Machines Corporation in opposition submitted.
2025-02-05
Brief of respondent International Business Machines Corporation in opposition filed.
2024-12-12
Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2025.
2024-12-09
Motion of International Business Machines Corporation for an extension of time submitted.
2024-12-09
Motion to extend the time to file a response from January 6, 2025 to February 5, 2025, submitted to The Clerk.
2024-12-05
Response Requested. (Due January 6, 2025)
2024-12-04
DISTRIBUTED for Conference of 1/10/2025.
2024-11-25
Waiver of right of respondent International Business Machines Corporation to respond filed.
2024-11-19
Petition for a writ of certiorari filed. (Response due December 23, 2024)
Attorneys
BMC Software, Inc.
Jeffrey L. Oldham — Bracewell LLP, Petitioner
International Business Machines Corporation
Paul D. Clement — Clement & Murphy, PLLC, Respondent