T-Mobile is asking a New York court to rule that Broadcom was contractually obligated to continue supporting its VMware perpetual licenses.
In its complaint, T-Mobile said it has tens of thousands of virtual machines using VMware software across approximately 303,140 CPU cores. It also said that it was migrating off VMware but noted the time-consuming and technical challenges involved in migrating over 1,000 applications.
It filed its lawsuit, which was first reported by The Register today, in the Supreme Court of the State of New York in August 2025 (PDF).
The mobile company claimed that in 2023, it bought perpetual VMware licenses, plus two years of support with the option to buy a third year. But after Broadcom bought VMware, it stopped sales of VMware perpetual licenses in favor of subscriptions and started bundling VMware products into a few, more expensive bundles.
When T-Mobile tried to extend support for a third year for $5,288,398.45, Broadcom wouldn’t allow it, per an August 2025 filing from T-Mobile. A Broadcom representative reportedly told T-Mobile via email: “Broadcom announced end of available of all perpetual products, which includes Stated Out Year Renewals for perpetual support.”
A judge granted T-Mobile an injunction that allowed it to receive support services from October 2025 through August 3, 2026, for $5.28 million, plus the posting of a $500,000 undertaking.
Now, T-Mobile seeks a declaration that it was entitled to renew support services and further relief as the court deems necessary.
At one point, T-Mobile wanted support so badly that it offered $20 million for two years of software updates and support services. The company cited litigation costs and “mitigating interruption and security risks to both the network and the business” as part of its reasoning.
In a filing last month, Broadcom claimed that it has incurred $24 million in costs to provide T-Mobile with support for six VMware products and to assign it three dedicated support account managers. T-Mobile responded that it doesn’t use three of the six named products and has opened only two service cases this year.
The case is similar to a privately settled case that Broadcom had with AT&T over VMware support and to an ongoing case with Tesco.
As noted by The Register, Broadcom previously argued that T-Mobile’s case stands out because T-Mobile waited a long time before trying to extend support.
“Thousands upon thousands have successfully migrated to subscription,” a Broadcom lawyer said in an October 2025 hearing, per the publication. “T-Mobile is the outlier here that is in litigation. … Thousands upon thousands of customers have already transferred under these sorts of provisions and accepted and understood that end of availability applies.”
However, it’s worth pointing out that the financial and technical burdens involved in suing a conglomerate like Broadcom. Those challenges may have deterred organizations, especially smaller ones, from getting into litigation over VMware.
Neither T-Mobile nor Broadcom has publicly commented on the case.
