IBM Wins Reversal of $1.6 Billion Poaching Award to BMC [BNN Bloomberg (Canada)]
International Business Machines Corporation (IBM)
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Source: BNN Bloomberg
Setting aside what was called one of the largest-ever judgments in a commercial dispute, the US 5th Circuit Court of Appeals in New Orleans ruled Tuesday that IBM lawfully acquired the mainframe software account of AT&T, one of BMC's core customers. The three-judge panel found that IBM didn't breach an agreement between the firms that forbade it from encouraging mutual clients to switch to its product line. “Because the client made that decision without unfair influence from IBM, BMC lost out to IBM fair and square,” Circuit Judge Edith Jones wrote for the panel. Read More: IBM Has to Pay BMC $1.6 Billion for Poaching AT&T Account A spokesperson for BMC declined to comment on the ruling. IBM didn't immediately respond to a request for comment. Houston-based BMC sued IBM in 2017, accusing the company of violating a longstanding agreement that forbade IBM to poach mutual clients to switch to its own competing software product line when acting as an IT outsourcer. IBM maintained
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