AIM Ventura Capital Fund, LLC v. Gabb Wireless, Inc.

IN THE SUPREME COURT OF THE STATE OF DELAWARE

AIM VENTURA CAPITAL FUND, §
LLC, and AIM VENTURA CO- §
INVEST I, LLC, §
§
Intervenor-Plaintiffs Below, § No. 393, 2025
Appellants, §
§ Court Below: Court of Chancery
v. § of the State of Delaware
§
GABB WIRELESS, INC., § C.A. No. 2025-0136
§
Defendant-In-Intervention §
Below, Appellees, and, §
§
STEPHEN DALBY and JANA DALBY, §
§
Plaintiffs Below, §
Appellees. §

Submitted: April 22, 2026
Decided: May 13, 2026

Before SEITZ, Chief Justice; TRAYNOR, LEGROW, GRIFFITHS, Justices; and
MILLER, Judge,1 constituting the Court en Banc.

ORDER

This 13th day of May, 2026, after careful consideration of the parties’ briefs

and the record below, and following oral argument, we find it evident that the

judgment of the Court of Chancery should be affirmed on the basis of and for the

reasons stated in the Memorandum Opinion dated August 29, 2025; the

1
Sitting by designation under Del. Const. art. IV, § 12 and Supreme Court Rules 2(a) and 4(a) to
complete the quorum.
1
Implementing Order dated September 9, 2025; the transcript ruling and Order

granting the Dalbys’ Petition for Attorneys’ Fees, Costs, and Expenses dated

November 6, 2025; and the Order and Final Judgment dated November 19, 2025.

The appellees’ Motion to Dismiss the appeal of the Court of Chancery’s specific-

performance ruling is denied as moot. The appellees’ Motion for Appellate

Attorneys’ Fees, Costs, and Expenses is denied without prejudice to their right to

pursue that claim in the Court of Chancery.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of

Chancery is AFFIRMED.

BY THE COURT:

/s/ Abigail M. LeGrow
Justice

2