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IQVIA Inc. v. Veeva Systems, Inc.

United States District Court, D. New Jersey

September 25, 2019

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

          ORDER & OPINION OF THE SPECIAL MASTER

          DENNIS M. CAVANAUGH, JUDGE

         This matter'comes before the Special Master upon letter briefing submitted by Plaintiffs-Counterclaim Defendants IQVIA, Inc. and IMS Software Services, LTD, (collectively "IQVIA") and Defendant-Counterclaim Plaintiff Veeva Systems, Inc. ("Veeva") related to the parties' discovery dispute involving health insurance payers.

         DISCUSSION

         On or about November 1, 2017, Veeva served IQVIA with its Second Set of Requests for Production ("RFP"). Those requests included:

273
All documents and things related to any disclosure by IMS, whether pursuant to any sale, license, or otherwise, of any Healthcare Professional Data or Healthcare Organization Data to any entity required to maintain a provider database regulated by 45 C.F.R. § 156.230, 42 C.F.R. §438.10, and/or 42 C.F.R. § 422.111.
274
All documents and things relating to any disclosure by IMS, whether pursuant to any sale, license, or otherwise, of any Healthcare Professional Data or Healthcare Organization Data to any QHP issuer as that term is used in 45 C.F.R. § 156.230 and related regulations.
275
All documents and things relating to any disclosure by IMS, whether pursuant to any sale, license, or otherwise, of any Healthcare Professional Data or Healthcare Organization Data to any MCO, PIPH, PAHP, or PCCM entity, as those terms are used in 42 C.F.R. § 438.10 and related regulations.
276
All documents and things relating to any disclosure by IMS, whether pursuant to any sale, license, or otherwise, of any Healthcare Professional Data or Healthcare Organization Data to any MA organization, as that term is used in 42 C.F.R. § 422.111 and related regulations

         On or about May 22, 2018, Veeva filed a motion to compel, requesting in part, that IQVIA produce documents responsive to RFP Nos. 273-276. IQVIA argued that production of the information was not relevant to the case and that production would be unduly burdensome. By Order dated July 19, 2018, the Special Master determined that the requests were relevant and that IQVIA had not demonstrated that the requests were unduly burdensome. The Special Master therefore ordered IQVIA to provide full and complete responses to RFP Nos. 273-276 within forty-five days.

         Prior to the filing of the Special Master's July Order, on or about May 30, 2018, Veeva served IQVIA with its Second Set of Interrogatories and Third Set of Requests for Production ("RFP"). Veeva's Second Set of Interrogatories included the following interrogatory request:

Interrogatory No. 32
Identify each PAYER whom IQVIA has disclosed any DATA from January 1, 2012, to the present, including the date of each such disclosure, and the nature of the disclosure (i.e, whether it was "Healthcare Professional Date" [Comp. ΒΆΒΆ2O-26], or a "Sub-National Information ...

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