A US federal appeals court overturned a judgment requiring IBM to pay rival BMC Software US$1.6 billion ($2.45 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.
An IBM spokesperson said in a statement that the company “acted in good faith in every aspect of this engagement” and is “grateful the court agrees.”
Representatives for AT&T, which is not a party to the case, did not immediately respond to a request for comment.
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 said.
AT&T hired IBM to manage its mainframe operations. BMC’s lawsuit in Houston federal court accused IBM of breaching their contract when AT&T abandoned its software for IBM’s.
The ruling overturned US District Judge Gray Miller’s 2022 decision that IBM owed BMC US$1.6 billion in damages for breaking their agreement.
Miller said IBM had already secretly agreed to replace BMC’s software at AT&T when it negotiated the contract in 2015.