IP Law Daily, COPYRIGHT—D. Mass.: Boston Children’s Hospital obtains dismissal of software provider’s claims, (Aug 14, 2025)
Law Firms Mentioned:Persepolis Law, PLLC | Rubin & Rudman LLP
Organizations Mentioned:Boston Children's Hospital | Children's Hospital Corp. | MMAS Research LLC | Rubin & Rudman, LLP
By Kevin M. Finson, J.D.
Copyright infringement and trade secret misappropriation claims were dismissed against all defendants, while a breach of contract claim survived against Boston Children’s Hospital.
MMAS Research, LLC, the licensor of software used to measure medication nonadherence, failed to state claims for copyright infringement and trade secret misappropriation against Boston Children’s Hospital, a former licensee, and two of the hospital’s employees, the federal district court in Boston has held. Allegations relating to the modification of copyright management information failed because the information modified was not conveyed with copies of the protected work as was required by the Digital Millennium Copyright Act. However, the plaintiff’s breach of contract claim survived against Boston Children’s Hospital (MMAS Research LLC v. Children’s Hospital Corp., No. 1:24-cv-12108-DJC (D. Mass. Aug. 12, 2025)).
MMAS Research, LLC (MMAS) was the owner of a software program known as the “Morisky Widget” used to measure and identify medication nonadherence behaviors. MMAS held a federal copyright registration for the Morisky Widget as well as for related diagnostic assessments. MMAS licensed the Morisky Widget to various pharmaceutical companies and firms, universities and hospitals, and MMAS’s owners trained and certified clinicians on using the Morisky Widget. Donald Morisky, for whom the Widget was named, was originally a part owner of MMAS. Morisky eventually separated from MMAS, and both claimed ownership of the copyright in the Morisky Widget.
The Children’s Hospital Corporation, d/b/a Boston Children’s Hospital (BCH) was a licensee of the Morisky Widget, and in response to a letter from Morisky’s attorney changed public information on a clinical trials website to show a license from Morisky’s new company. MMAS brought suit against BCH and two of its employees for breach of the license agreement, copyright infringement, and misappropriation of trade secrets, as well as against Morisky and Morisky’s new company for related claims. The BCS defendants moved to dismiss.
Breach of contract. The court found that MMAS did not state a claim for breach of the license agreement against BCS employees because they acted as agents of a disclosed principal in making the contract on behalf of BCS, and were therefore not parties themselves. As to BCH itself, however, MMAS had pleaded an enforceable contract, breach of specific terms, and damages.
Copyright. MMAS alleged a violation of the Digital Millenium Copyright Act (DMCA) by the removal of copyright management information. The alleged alteration, however, was to a posting on a website associated with clinical trials. It was not distributed in connection with a copy of the work itself and therefore did not fall within the statutory definition of copyright management information.
Trade secrets. MMAS alleged that BCS employees obtained access to its trade secrets when they were trained and certified in the use of the Morisky Widget, and that they created a customized version of the widget which constituted misappropriation and a violation of the terms of the license agreement. The court found that the allegations relating to the customized version occurred during the training and under the supervision of MMAS, which suggested the activity was authorized. There were no allegations that the BCS or its employees disclosed or distributed the claimed secrets to anyone.
The court granted the motion to dismiss as to the breach of contract claim against the BCS employees, the copyright claim, and the trade secrets claim. It denied the motion as to the breach of contract claim against BCS itself.
The Case is No. 1:24-cv-12108-DJC.
Judge: Casper, D.
Attorneys: Ashkon Roozbehani (Persepolis Law, PLLC) for MMAS Research LLC. Theodore J. Folkman (Rubin & Rudman LLP) for Children's Hospital Corp.
Companies: MMAS Research LLC; Children's Hospital Corp.
Cases: Copyright TechnologyInternet TradeSecrets MassachusettsNews