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On April 21, 2026, the US District Court for the Western District of Washington issued an order in Morisky v. MMAS Research LLC, No. 2:21-cv-01301-RSM, ordering entry of a default judgment against MMAS Research LLC, the defendant in that case and the plaintiff here. A true copy of the Court’s order is attached as Exhibit 1. The basis for the order was MMAS Research’s failure to participate in discovery and to pay sanctions, despite failing to prove an inability to pay; its continued violations of the Court’s local rules and orders, and its delay tactics. The order provides an additional, strong reason to deny the pending motion for leave to amend (Doc. No. 98, Doc. No. 106). The motion seeks leave to add a claim for copyright infringement that MMAS Research had previously dropped. But the ownership of the Morisky Widget copyright, which is the basis of the claim MMAS Research wants to reassert, is the main issue that was being litigated between MMAS Research and Dr. Morisky, who is also a defendant here, in Washington.1 As a result of the new order, as between MMAS Research and Dr. Morisky, it is now settled (subject to any appeal) that Dr. Morisky owns the Morisky Widget copyright. Therefore, MMAS Research lacks standing to assert any claims of copyright infringement. (Nimmer on Copyright § 12.02[B][1]) In any event, Trubow's copyright claim would be futile.
What This Means for the Morisky Widget Because default has been entered, all well-pleaded allegations in Plaintiff Dr. Donald E. Morisky’s complaint are now taken as true. This includes Dr. Morisky’s claims of ownership and control of the Morisky Widget and the underlying MMAS-4 / MMAS-8 intellectual property. The default judgment phase that follows will formalize the Court’s ruling that: • Dr. Morisky / MMAR LLC is the rightful owner of the Morisky Widget copyright. • Any licenses, assignments, or authorizations purportedly granted by Steven Trubow or MMAS Research LLC are unauthorized and without legal effect. • Use of the Morisky Widget (or any derivative MMAS-8 scoring tool) pursuant to a Trubow-issued license constitutes copyright infringement. Practical Impact for Licensees and Researchers Any party that obtained a “Morisky Widget” license from Trubow or MMAS Research is now on notice that those licenses were issued without authority. Continuing to use the Widget under such a license exposes the user to copyright infringement liability. Dr. Morisky and MMAR LLC remain the sole authorized source for valid, enforceable licenses. All researchers, universities, hospitals, and pharmaceutical companies should immediately confirm the legitimacy of their licensing arrangements directly with MMAR LLC dba adherence at moriskyscale.com. Next Steps Plaintiff has been directed to file a motion for default judgment no later than June 5, 2026. In that motion, Dr. Morisky will seek: • A final judgment confirming ownership of the Morisky Widget copyright. • An order directing the U.S. Copyright Office to assign the Widget copyright to MMAR LLC. • Damages (including negative-inference damages for spoliation and statutory damages for willful infringement). • A permanent injunction and other appropriate relief. We will provide updates as the default judgment process moves forward. A Long-Overdue Resolution This default is the direct result of years of Defendants’ refusal to comply with court orders, pay sanctioned amounts, and litigate in good faith. The Court’s ruling vindicates Dr. Morisky’s position that he never relinquished ownership or control of the Morisky Widget. We thank the Court for its careful stewardship of this matter and look forward to the final judgment that will bring certainty and clarity to the entire research and clinical community that relies on the Morisky Medication Adherence Scales. Stay tuned. Valid licensing and authorized use of the Morisky Widget remain available exclusively through MMAR LLC dba adherence at www.moriskyscale.com. Donald E. Morisky, PhD President, MMAR LLC dba adherence
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AuthorMarty Morisky, MS CSP CSHM Archives
April 2026
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