Legal Opinion

IMS Health Inc. v. Ayotte

District Court, D. New Hampshire

Decided April 30, 2007No. 06-cv-280-PBPublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BARBADORO, District Judge.

A lucrative market has developed in recent years for data identifying the prescribing practices of individual health care providers (“prescriber-identifiable data”). Pharmacies acquire prescription data in the ordinary course of business. Data mining companies such as the plaintiffs in this case, IMS Health Incorporated and Verispan, LLC, purchase the prescription data, remove information identifying patients before it leaves the pharmacy, combine what remains with data from other sources, and sell the combined data to interested purchasers. The…

2Cases cited32 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  3. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  4. Craig v. BorenSupreme Court of the United States · 1976
  5. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989

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3Cited by12 opinions

  1. IMS Health Inc. v. AyotteCourt of Appeals for the First Circuit · 2008
  2. IMS Health Inc. v. SorrellCourt of Appeals for the Second Circuit · 2010
  3. IMS Health Inc. v. SorrellDistrict Court, D. Vermont · 2009
  4. IMS Health Corp. v. RoweDistrict Court, D. Maine · 2008
  5. IMS Health Corp. v. SchneiderDistrict Court, D. Maine · 2012

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