In what is apparently a case of first impression, the Delaware Court of Chancery has rejected a motion to apply New York Civil Practice Law and Rule 3219 as substantive law in a contract dispute between a subsidiary of Dell and a company that offers licensing for software patents. The court denied the request by defendant Dell, ruling that Rule 3219 is procedural and not substantive, and only the laws of the forum state can be applied to procedural issues under Delaware law.
Vice Chancellor Donald F. Parsons Jr. issued the 18-page opinion in MPEG LA LLC v. Dell Global B.V. on March 6.
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