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We are aware that MMAS Research LLC has recently filed additional complaints in the Central District of California. Recognizing their vulnerability on pure copyright claims, MMAS Research altered its strategy in its newest September 2026 complaints. Instead of focusing purely on copyright infringement, their newest lawsuits pivot heavily into alleging fraud and breach of contract surrounding a fractured 2020 settlement agreement. They are attempting to relitigate the contractual rights to the revenue.
The fact that the Washington case (Morisky v. MMAS Research LLC) was the first to file regarding the breach of the 2020 settlement agreement makes MMAS Research's new complaints a massive violation of federal court procedures. [1, 2]. Because Washington had the contract dispute first, the federal "First-to-File" doctrine acts as a legal guillotine for MMAS Research’s new lawsuits. [1] On April 21, 2026, that Court entered an Order of Default against MMAS Research LLC. The order for entry of default issued against MMAS Research LLC by a Seattle federal court in Morisky v. MMAS Research LLC creates a severe legal hurdle for the company's recent copyright complaints. [1, 2, 3] In federal litigation, an entry of default as a sanction for defying court orders means that all well-pleaded factual allegations made by the opposing party are now legally accepted as true. [1] The Washington case completely undermines the newly filed September 2026 complaints: The entry of default drastically impacts MMAS Research's new lawsuits in several critical ways: 1. Loss of Copyright Standing
The first-to-file doctrine is a well-established rule in federal courts. It states that when two identical or highly similar contract/IP disputes are filed in different federal courts, the court where the case was filed first has priority.
Because MMAS Research defaulted in the first-filed Washington action, they didn't just lose the copyright; they legally lost the contract claim as well.
MMAS Research is attempting to re-litigate a contract breach that has already been adjudicated via the Washington default. Defense attorneys for newly sued institutions can invoke claim preclusion (res judicata). They will argue:
Summary By pivoting to contract law, MMAS Research ran straight into a trap. The Washington court was the first to file for the contract dispute. Because MMAS Research defaulted there, they legally admitted to breaching that very same contract. Their new lawsuits are trying to enforce a 2020 agreement that a primary federal court has already deemed they breached and effectively voided by MMAS Research's own actions. [1, 2] Our Position on Authority to License or Score the MMAS-8 It is our position that MMAS Research LLC / Steven Trubow has no legal authority to license the MMAS-8 (or any substantially similar version of it) or to require that it be scored through the Morisky Widget. The Widget’s use of the MMAS-8 is derivative. Under U.S. copyright law, a derivative work may be used only with the permission of the owner of the underlying original work. Morisky Medication Adherence Research LLC (MMAR) is the owner of the underlying MMAS-8 by assignment from Dr. Donald E. Morisky. MMAS Research LLC does not have permission to use the underlying MMAS-8. While MMAS Research may use its software code to display other content, it has no legal right to display, score, or code the MMAS-8—or any version that is substantially similar—without authorization from the owner of the underlying work. Guidance for Licensees and Researchers Existing permissions or licenses obtained from Dr. Morisky or MMAR remain in effect according to their terms. We will continue to monitor the Washington proceedings and will provide further updates once a final judgment on ownership is entered.
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How can legal disputes over research tools like the MMAS influence scientific research, intellectual property protection, and the responsible use of assessment methods in healthcare?
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AuthorMarty Morisky, MS CSP CSHM Archives
September 2026
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