Data-mining firms have sued to block laws restricting their activities in New Hampshire, Maine and Vermont.
At issue is the use by drug company "detailers"the sales force that deals with doctors and other prescribers and tries to get them to use the company's productsof the information about doctors' prescribing habits.
In upholding the New Hampshire law, the 1st U.S. Circuit Court of Appeals in Boston found the result of the activity is often higher drug costs because the detailer usually is trying to steer the prescriber toward the newest, most expensive medicines.
The data-mining companies are set to appear Tuesday at the 2nd U.S. Circuit Court of Appeals in New York to ask a three-judge panel to block Vermont's law from taking effect July 1.
And the U.S. Supreme Court is expected to decide by the end of the month whether to hear the data-mining companies' appeal of the Boston court's decision on the New Hampshire law. The Boston court has put a separate Maine case on hold until New Hampshire's is resolved.