IN THE SUPREME COURT OF THE STATE OF DELAWARE

APPLIED ENERGETICS, INC., § § No. 178, 2024 Plaintiff Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § C. A. No. N23C-07-200 GUSRAE KAPLAN NUSBAUM § PLLC, and RYAN WHALEN, § § Defendants Below, § Appellees. § Submitted: December 4, 2024 Decided: December 18, 2024 Before SEITZ, Chief Justice; TRAYNOR, and LEGROW, Justices.

ORDER This 18th day of December 2024, after careful consideration of the parties’ briefs and the record below, and following oral argument, we find it evident that the judgment of the Superior Court should be affirmed on the basis of and for the reasons stated in the Superior Court’s Opinion dated April 16, 2024.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Chief Justice