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IQVIA, Inc. v. Veeva Sys.

United States District Court for the District of New Jersey

May 13, 2019, Decided; May 13, 2019, Filed

Case No.: 2:17-CV-00177-CCC-MF

Opinion

ORDER & OPINION OF THE SPECIAL MASTER

This matter comes before the Special Master on Defendant-Counterclaim Plaintiff Veeva Systems, Inc.'s ("Veeva") motion to overrule Plaintiffs-Counterclaim Defendants IQVIA, Inc. and IMS Software Services, LTD's, (collectively "IQVIA") assertion of privilege over documents subpoenaed from Ernst & Young LLP ("EY"). After considering the submissions of the parties, based upon the following, it is the opinion of the Special Master that Veeva's motion to overrule IQVIA's assertion of privilege over documents subpoenaed from EY is GRANTED.

DISCUSSION

Background

Prior to the commencement of litigation in this matter, clients of IQVIA asked it to license certain [*2]  IQVIA data to Veeva for use by Veeva in its Master Data Management ("MDM") offering. Veeva had data offerings in the market and in development that competed with IQVIA data. In light of this, Veeva provided IQVIA with various assurances that IQV1A data would not be used by Veeva to improve Veeva's offerings. EY was subsequently retained by IQVIA "to evaluate the various assurances made by Veeva that (1) IMS Health reference data could be used in Veeva's MDM offering without risk that IMS Health reference data would be used, intentionally or inadvertently, to improve Vecva's own competing reference data offerings, and (2) these assurances are capable of confirmation with an audit of reasonable scope and cost." IQVIA intended to "use the information from the EY assessment to determine whether the assurances could be confirmed and serve as a basis for IMS Health to license its reference data to Veeva for use in Vecva's MDM offering."

EY prepared a Statement of Work for Third Party Access Agreement Compliance Services dated August 10, 2015. The Scope of Service provided that EY would review IQVIA's Service Providers' compliance with the terms of its Third Party Access Agreement between [*3]  IQVIA and the Service Provider, including: (1) review the terms of the pre-selected TPAs; (2) review the terms of the pre-selected Client Project Confirmations; (3) review Service Providers' offerings, including Service Providers' Master Data Management offering and offerings that utilize reference data; (4) identify and analyze the relevant IME Products and Services supplied to Clients; (5) identify and analyze the relevant IMS Products and Services supplied to Service Provider under the terms of the TPAs and CPCs, or obtained by the Service Providers from Clients or otherwise; (6) review the Service Providers' process and procedures that may include the delivery, storage, usage, security and disposition of the identified IMS Products and Services, including Service Providers' production, staging and testing environments; (7) assess and document the process and procedures designed to protect IMS's intellectual property rights in the identified IMS Products and Services, including IMS data intended to enhance, improve, update, validate, create, develop, or benchmark any Service Provider data, product or offerings; and (8) identify examples of non-compliance with the terms of the TPAs [*4]  and CPC in connection with the delivery, storage, usage, security or disposition of the IMS Products and Services.

Opinion

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2019 U.S. Dist. LEXIS 80101 *; 2019 WL 2083305

IQVIA, INC. and IMS SOFTWARE SERVICES, LTD, Plaintiffs/ Counterclaim Defendants, vs. VEEVA SYSTEMS, INC., Defendant/ Counterclaim Plaintiff.

Subsequent History: Reconsideration denied by, Request granted, in part IQVIA, Inc. v. Veeva Sys., 2019 U.S. Dist. LEXIS 115893 (D.N.J., July 10, 2019)

Prior History: Quintiles IMS, Inc. v. Veeva Sys., 2017 U.S. Dist. LEXIS 97905 (D.N.J., June 23, 2017)

CORE TERMS

attorney-client, communications, documents, legal advice, offerings, audit, argues, advice, assurances, third party, licensing, processes, in-house, terms, purposes