[e-drug] Challenge to Pharma assertion of right to access prescription data

["Michael Palmedo" <mpalmedo@wcl.american.edu>]

E-DRUG: Challenge to  Pharma assertion of right to access prescription data
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January 9. PIJIP Press Release: First Circuit Court of Appeals to Hear Case on Prescription Data Mining for Marketing

ALERT: FIRST CIRCUIT TO HEAR CASE CHALLENGING PRESCRIPTION DATA MINING

PIJIP Associate Director Sean Flynn to Argue on Behalf of Public

Interest Groups Defending First in the Nation Law

CONTACT Sean Flynn, 202-294-5749, sflynn@wcl.amewrican.edu

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 data mining 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.

Sean Flynn, Associate Director of the American University Washington
College of Law Program on Information Justice and Intellectual Property
will be arguing on behalf of the public interest parties in the case.

PRESS AVAILABILITY:  Sean Flynn and 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

"Michael Palmedo" <mpalmedo@wcl.american.edu>