IMS Health Incorporated et al v. NH Attorney General

Filing 176

ORDER The Joint Report and Motion for Entry of Order and FinalJudgment (Doc. No. 173) is granted. So Ordered by Judge Paul J. Barbadoro.(mm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

IMS Health Incorporated, et al.
v.

Case No. 06-cv-280-PB

Kelly Ayotte, as Attorney General
of the State of New Hampshire

O R D E R

The parties agree that the Supreme Court’s recent decision
in Sorrell v. IMS Health, Inc., 131 S.Ct. 2653 (2011) requires
“invalidation of N.H. Rev. Stat. Ann. §§ 318:47-F and 318-B:12
to the extent that they prohibit the transfer, use, sale, or
licensing of prescriber-identifiable data.”

Accordingly, they

have asked me to reinstate the court’s May 7, 2007 judgment for
the plaintiffs.
I have reviewed Sorrell and agree that it requires the
invalidation of the above-referenced statutes because they
improperly restrict speech protected by the First Amendment.
reaching this conclusion, I rely on the reasoning of my April
30, 2007 Memorandum and Order (Doc. No. 126), which I
incorporate by reference.

In

By agreement of the parties, each party shall bear their
own attorneys’ fees, costs, and expenses.
The Joint Report and Motion for Entry of Order and Final
Judgment (Doc. No. 173) is granted.
SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge

October 7, 2011
cc:

Counsel of Record

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