"On Tuesday, Judge D. Hatcher of the Delaware District Court indicated her support for VMware's argument. She published a Report and Recommendation stating that Siemens's attempt to move the case to Germany should be rejected. Such reports indicate the logic and precedents that are likely to influence a future decision. Both parties have 14 days to file objections, but those submissions are limited to ten pages."
"The case began in March 2025, when VMware discovered that Siemens's US branch had provided a list of software that included many more products than had been licensed. VMware sued Siemens because, according to VMware, the industrial group refused to cooperate with a license audit and demanded that VMware provide extended product support for potentially unlicensed software. Dispute over jurisdiction Siemens referred to contracts that, according to the company, stipulate that disputes must be heard in German courts."
VMware filed suit after discovering in March 2025 that Siemens's US branch provided a software list including many more products than were licensed. VMware alleges Siemens refused to cooperate with a license audit and demanded extended support for potentially unlicensed software. Siemens points to contract clauses requiring German courts for disputes, while VMware asserts alleged unlicensed use occurred in the US, supporting US jurisdiction. Judge D. Hatcher issued a Report and Recommendation favoring denial of Siemens's transfer request, keeping the case in Delaware. Both parties have 14 days to file limited objections. Broadcom's intensified VMware license audits have increased tensions industry-wide.
Read at Techzine Global
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