[Ip-health] Alert: Tomorrow 1st Cir. Prescription Datamining Case

[Sean Flynn]

Tomorrow at 9:30am at the John Joseph Moakley Courthouse in Boston, the
First Circuit Court of Appeals will hear a case of first impression
challenging the pharmaceutical industry's assertion of a First Amendment
right to monitor prescription records for marketing.

Pharmaceutical companies use prescription records to monitor prescribing
practices and finely calibrate their use of gifts, speaking engagements
and other forms of reinforcement to maximize their influence over
prescribing practices.

Last year, a district court in New Hampshire struck down a first in the
nation law prohibiting prescription datamining for marketing purposes.
The First Circuit tomorrow will hear arguments from New Hampshire and a
group of public interest "friends of the court" seeking to overturn the
district court decision.

PRESS AVAILABILITY:  Representatives of the public interest groups
supporting the New Hampshire law, including AARP, New Hampshire Medical
Society, NLARx, Prescription Policy Choices, Community Catalyst and the
National Physicians Alliance will available for press after the hearing
(approximately 11:30am).

Docket #07-1945  --  IMS Health Incorporated vs. Kelly A. Ayotte
To be called Wednesday, January 9, 2008 at 9:30 am
Court of Appeals Panel Courtroom, 7th Floor
John Joseph Moakley
U.S. Courthouse
1 Courthouse Way
Boston, Massachusetts 02210
Clerk's Office Phone Number
(617) 748-9057

Location:  1 Courthouse Way is at the corner of Northern Avenue and
Courthouse Way, Boston MA.

Directions:
    *  Subway:
          o Take the Red Line to South Station, and transfer (free) to
the Silver Line 1 or 2/3. Go one stop to Courthouse station.
Alternatively, walk on Summer Street towards the Fort Point Channel.
Make the first left (just before the water) and then make a right onto
the Congress Street Bridge. Follow the Harborwalk sign in front of the
Children's Museum to the Courthouse (5 minute walk).

    * Bus:
          o Take MBTA Route 4 or 7 to the Courthouse, or take MBTA
Route 6 to the Boston Harbor Hotel and cross the Old Northern Ave
bridge.