"The case commenced in March 2025, when VMware alleged Siemens' US operations provided it with a list of software for which it wanted to arrange extended support. That list, VMware claims, included plenty of software that Siemens had not licensed. VMware says it tried to conduct a license audit, but Siemens wouldn't participate. Siemens was upset that VMware did not honor what it felt was a right to acquire extended product support."
"Siemens also referred to its contracts with VMware that it says state any dispute between the two must be heard in German courts. But VMware pointed out that as the alleged use of unlicensed software took place in the US, American courts were the appropriate jurisdiction in which to contest the matter. On Tuesday, Magistrate Judge Laura D. Hatcher, of the Delaware District Court, indicated she likes VMware's argument, issuing a Report and Recommendation that Siemens' attempt to move the case to Germany be denied."
"Reports of this sort are documents US courts use to indicate the logic and precedents likely to inform a future decision. As is often the case with these documents, this one gives both parties 14 days to file objections but limits those submissions to ten pages, a restriction intended to focus litigants on the issues raised in the report rather than exploring new arguments. VMware therefore appears to be in a strong position to have this case heard in its preferred forum."
VMware sued Siemens in March 2025, alleging Siemens' US operations provided a list of software for extended support that included unlicensed VMware products. Siemens later supplied an amended list of VMware software. VMware attempted a license audit, but Siemens declined to participate and asserted a contractual right to acquire extended product support. Siemens argued that disputes must be heard in German courts, while VMware argued the alleged unlicensed use occurred in the US and belongs in American courts. Magistrate Judge Laura D. Hatcher recommended denying Siemens' motion to transfer the case to Germany. The report gives both parties 14 days to file objections limited to ten pages.
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