UPDATE 1-IBM wins reversal of $1.6 billion judgment to BMC over software contract [Yahoo! Finance]
International Business Machines Corporation (IBM)
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Source: Yahoo! Finance
April 30 (Reuters) - A federal appeals court on Tuesday overturned a judgment requiring IBM to pay rival BMC Software $1.6 billion, after a judge found IBM improperly replaced BMC's mainframe software at AT&T with its own. The 5th U.S. Circuit Court of Appeals in New Orleans said a lower court judge's determination concerning liability was in error. Writing for a three-judge panel, U.S. Circuit Judge Edith Jones said AT&T, one of BMC's biggest clients, had switched to IBM software "independently" and that BMC had "lost out to IBM fair and square." A BMC spokesperson declined to comment. Representatives for IBM and AT&T did not immediately respond to requests for comment. AT&T was not a party to the case. Houston-based BMC develops and licenses proprietary mainframe software products. Under an agreement, IBM can maintain and operate mainframes running BMC software with a "non-displacement" provision that limits IBM from switching BMC clients' software to IBM's, the ruling sa
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