Mmas Research, LLC v. the Charite

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 13 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MMAS RESEARCH, LLC, a Washington No. 23-55202 Limited Liability Company, D.C. No. Plaintiff-Appellant, 2:21-cv-01406-MWF-JPR

v.

MEMORANDUM*

THE CHARITE; ANIKA STEINER;

ELISABETH THEISSEN, Dr.; SMARTPATIENT GMBH, a German corporation; MY THERAPY; DOES, 1-50, inclusive,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Argued and Submitted February 13, 2024 Pasadena, California

Before: W. FLETCHER, NGUYEN, and LEE, Circuit Judges.

This case involves a copyright dispute between MMAS Research, a medical

software company, and The Charité, a German hospital. MMAS alleges that Charité

infringed its copyright to the Morisky Widget, a medical software program, by using

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. the Morisky Widget in unauthorized medical studies. The district court…