VMware appears to have won an early procedural victory in its lawsuit against Siemens. The judge ruled in favour of VMware’s position that the US court has jurisdiction, despite Siemens’s request to move the case to Germany.

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.

Siemens referred to contracts that, according to the company, stipulate that disputes must be heard in German courts. VMware, on the other hand, argued that the alleged use of unlicensed software occurred in the US, giving US courts proper jurisdiction.

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. This restriction is intended to force those involved in the lawsuit to focus on the issues in the report rather than exploring new arguments.

The lawsuit against Siemens is not an isolated incident. Broadcom has intensified its VMware license audits since the acquisition. The company moved away from perpetual licenses and is forcing customers to switch to expensive subscription bundles. This has led to tensions with several large organisations.

For VMware, the case against Siemens appears to be proceeding in the desired court for now. The virtualisation giant can now continue to litigate in the US over the alleged use of unlicensed software. Whether Siemens will still object to the judge’s recommendation will become clear in the next two weeks.