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Copyright Blog

Diagnosis: Alleged Infringement

Company claims University exceeded the scope of its license.

On March 24, 2021, MMAS Research LLC ("MMAS") and Dr. Donald E. Morisky ("Morisky") (MMAS and Morisky jointly "Plaintiffs") filed a Complaint against Duke University and various university researchers (jointly "Defendants"). The Plaintiffs claim that the Defendants continued to use a diagnostic tool called the Morisky Medical Adherence Scale (the "Scale"), after their license to the Scale had expired.

According to the Complaint, on August 19, 2013, the Plaintiffs and Defendants entered into a License that gave Defendants permission to use the Scale for one year. Plaintiffs report that upon inquiry, the Defendants purportedly confessed to having used the Scale beyond the scope of the license.

In addition to a claim of copyright infringement, the Plaintiffs are claiming unfair competition and misappropriation of trade secrets. The Plaintiffs are seeking, among other things, statutory damages and injunctive relief.

We will provide updates as they become available.