United States District Court, D. New Jersey
IQVIA, INC. and IMS SOFTWARE SERVICES, LTD, Plaintiffs/ Counterclaim Defendants,
VEEVA SYSTEMS, INC., Defendant/ Counterclaim Plaintiff.
ORDER & OPINION OF THE SPECIAL MASTER
M. CAVANAUGH, JUDGE.
matter comes before the Special Master on
Plaintiffs-Counterclaim Defendants IQVIA, Inc. and IMS
Software Services, LTD's (collectively
"IQVIA"), motion for partial reconsideration and/or
clarification of the Special Master's July 19, 2018 Order
and Opinion. After considering the submissions of the
parties, based upon the following, it is the opinion of the
Special Master that IQVIA's motion is DENIED in part and
GRANTED in part.
Standard for Reconsideration
three situations warrant granting reconsideration: "(1)
an intervening change in the controlling law; (2) the
availability of new evidence that was not available when the
court [issued its order]; or (3) the need to correct a clear
error of law or fact or to prevent manifest injustice."
Max's Seafood Cafe v. Quinteros, 176 F.3d 669,
677 (3d Cir. 1999). The moving party has the burden of
establishing one of these grounds. Blystone v. Horn,
664 F.3d 397, 415 (3d Cir. 2011). The grant or denial of
reconsideration lies within the discretion of the district
court. N. River Ins. Co. v. CIGNA Reinsurance Co.,
52 F.3d 1194, 1218 (3d Cir. 1995).
scope of a motion for reconsideration is "extremely
limited" and should not be used to relitigate the case.
Blystone, 664 F.3d at 415. "It is improper on a
motion for reconsideration to ask the Court to rethink what
it already thought through-rightly or wrongly."
Glendon Energy Co. v. Borough of Glendon, 836
F.Supp. 1109, 1122 (E.D. Pa. 1993) (citation omitted).
Request for Production No. 198
Documents and things sufficient to exactly set forth the
date, parties, and terms of any non-disclosure or other
confidentiality agreement IMS claims to have with any
non-party under which quintiles disclosed any portion of any
of the alleged trade secrets.
No. 198 requires IQVIA to produce all of its non-disclosure
and confidentiality provisions. According to IQVIA, these
non-disclosure and confidentiality provisions are generally
found in four categories of agreements: (1) client
agreements, totaling tens of thousands; (2) third party
access agreements, totaling many thousands; (3) hundreds of
agreements with consultants, contractors, vendors and others
who provide services to IQVIA; and (4) thousands of
agreements with current and former employees. IQVIA argues
that to comply with the Special Master's Order it will
need to locate, retrieve, and review many tens of thousands
of agreements. IQVIA argues that such an incredible
undertaking is not proportionate to the minimal relevance of
such documents. IQVIA argues that these documents will merely
show that such confidentiality and non-disclosure provisions
exist, and not instances to support Veeva's avenue of
inquiry into whether or not there are situations where no
restrictions are imposed to protect IQVIA's Market
believes samples of the agreements it enters into with third
parties for the disclosure of its Market Research Offerings
should suffice; this would include samples of actual customer
agreements and standard-form license agreements under which
IQVIA disclosed any portion of its Market Research Offerings.
IQVIA maintains it is also willing to produce its policies
and procedures regarding entering into such agreements,
including documents sufficient to show when they were entered
into and why, and documents from custodian files that
reference any situation where policies were followed or not.
IQVIA then argues that should the Special Master conclude
that reconsideration is not warranted, it will be impossible
for IQVIA to complete the process of producing such documents
within 45 days.
argues that IQVIA raised the same arguments in opposition to
its motion to compel, which the Special Master considered and
rejected. Veeva argues that as a matter of law IQVIA cannot
reargue a prior argument on a motion for reconsideration
because it does not point to a new law, new evidence, or any
manifest injustice. Veeva also argues that nothing supports
IQVIA's burden argument. Veeva clarifies that it is not
asking for agreements with IQVIA's employees or
individual consultants/contractors. Veeva explains that its
request concerns contracts between IQVIA and third parties,
such as IQVIA customers, pursuant to which IQVIA provides
data to them. Veeva argues that IQVIA makes no particularized
burden argument as to the third party contracts it has
already been ordered to produce. Veeva beleives that a large
business entity like IQVIA keeps customer agreements in a
known electronic storage location and should be easy to
retorts that Veeva's position belies their real
intent-that is, to create as much burden on IQVIA as possible
to gain leverage in this litigation-as production of
IQVIA's client agreements is both unduly burdensome and
unnecessary. IQVIA argues that if Veeva is "only"
seeking the tens of thousands of "contracts between
IQVIA and third parties such as IQVIA customers pursuant to
which IQVIA provides them data," compliance with such a
request would require IQVIA to gather, review and produce all
of its tens of thousands of client agreements between 2012
and 2017. IQVIA argues that the Special Master has already
ruled that this is an undue burden.
argues that to avoid manifest injustice and bring attention
to the apparent inconsistency in the Special Master's
Order, IQVIA requests that the July 19 Order be revised to
require IQVIA to produce: (1) a representative sampling of
the agreements IQVIA enters into with third parties for the
disclosure of its Market Research Offerings, including
samples of actual customer agreements and standard-form
license agreements; (2) IQVIA's policies and procedures
regarding entering into such agreements, including documents
sufficient to show when they are entered into and why; and
(3) documents from custodial files that reference any
situation where such policies were or were not followed.
IQVIA argues that if after receiving ...