Lawyers like to play the field. We like to keep our options open. We like to respond to straightforward questions about our plans by listing a series of things we might do. We are, in a word, difficult.
But, as any veteran of the dating wars can tell you (not me! I got out early), playing the field can have a real downside.
That was the lesson of VMware LLC v. Siemens AG, C.A. No. 25-353-RGA-LDH (D. Del. Feb. 10, 2026). VMware asserted claims of copyright infringement. The defendants moved to dismiss on forum non conveniens arguing that a license agreement between the parties contained a forum selection clause that required claims "arising …
