Greater news!!! The court has awarded the Morisky party full production of documents and compel interrogatory responses by May 15. The court also invited the Morisky party to file a separate motion for sanctions and to Disqualify Trubow’s counsel.

The action is DISMISSED without prejudice for lack of subject-matter jurisdiction.
IT IS SO ORDERED.

The Court previously determined that MMAS is not the owner of the Morisky Widget copyright. (Prior Order at 8). The Court reasoned that MMAS had assigned “the Morisky Widget and any related copyright” to Dr. Morisky in a written settlement agreement (the “Settlement Agreement”) stemming from a separate action. (Prior Order at 6 (citing RJN (Docket No. 37-5), Ex. A (Settlement Agreement) § II.1). The Settlement Agreement also provided that “MMAS Research, LLC will forego any claims it has to and will acknowledge that Donald Morisky is the sole and exclusive owner of the federal copyrights in and to the MMAS-4 and the MMAS-8, together with any related trademarks, copyrights, derivatives to the same or other intellectual property rights associated with the Morisky Medication Adherence scales or protocols.” (Id.). The Court further noted that while the Settlement Agreement permitted Plaintiff to use the copyright to settle existing claims listed in Exhibit 3 of the agreement, claims involving Defendants did not appear on the list. (Id.).

​The Court is not persuaded by Trubow’s reasoning. While the defined term “Claim Settlements” does not stop Dr. Morisky from joining and authorizing additional actions, it does limit Trubow’s ability to pursue claim settlements without further authorization from Dr. Morisky. Dr. Morisky did not join this action or otherwise authorize Trubow to pursue the present claim against Defendants. (See Request for Dismissal with Prejudice of Dr. Donald E Morisky (Docket No. 48)).

​The Court determines that Trubow does not have the standing to sue for copyright infringement of the Morisky Widget copyright and therefore has not met its burden of proving that the claim should be in federal court. Accordingly, the Court GRANTS the Motion to dismiss the copyright claim for lack of subject-matter jurisdiction.

As you can see from the captioned articles Steven Trubow’s MMAS Research reminds copyright holders that they need to ensure they have standing to assert a copyright claim.

Court’s decision can be found here.

1. Steven Trubow’s MMAS Research, LLC lacks standing to sue for copyright infringement;
2. The licensing agreement provided that Dr. Morisky would “at all times
remain the owner of the MMAS-8 and any associated intellectual property, patents,
copyrights or derivatives derived from the use of the MMAS-8.”
3. “MMAS Research, LLC will forego any claims it has to and will acknowledge that
Donald Morisky is the sole and exclusive owner of the federal copyrights in and to the
MMAS-4 and the MMAS-8, together with any related trademarks, copyrights,
derivatives to the same or other intellectual property rights associated with the Morisky
Medication Adherence scales or protocols.”
4. “MMAS Research, LLC will assign
the Morisky Widget and any related copyrights, trademarks and related intellectual
property rights . . . to Donald Morisky.”
5. Finally, the Court determines that the Authorization Agreement permitting
MMAS Research, LLC to sue for infringement on behalf of Dr. Morisky is an invalid attempt to
transfer the bare right to sue.
6. The Court concludes that Plaintiff MMAS Research, LLC does not having standing to sue for
copyright infringement and therefore has not met its burden of proving that the claim
should be in federal court.

MMAS Research/Trubow does not have any rights to use the Widget. I, alone am the sole right holder of the Widget; MMAS/Trubow are in breach, and are infringing my copyrights in the MMAS 4/8 and my trademarks; MMAS/Trubow does not have the right to use the terms “MMAS” or “MORISKY” in connection with any services offered; I have filed a federal copyright and trademark infringement action against MMAS/Trubow.

Steve Trubow is not authorized to license MMAS 4 and 8 the defunct Morisky widget (Morisky.org). Trubow has maliciously infringed the MMAS scales in his Global Medication Reconciliation Form (GMRF; medicationsafety.healthcare), now the subject of federal lawsuit.

The defunct Morisky widget (www.Morisky.org) is the subject of a federal lawsuit against Steve Trubow for copyright infringement of Dr. Morisky's IP MMAS 4&8 & malicious misrepresentation of global medication reconciliation scale (GMRF). Trubow is not authorized to issue perpetual Morisky widget licenses. Buyers beware.