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IQVIA Inc. v. Veeva Systems, Inc.

United States District Court, D. New Jersey

November 14, 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, U.S.D.J. (RET) SPECIAL MASTER

         This matter comes before the Special Master on Defendant-Counterclaim Plaintiff Veeva Systems, Inc.'s ("Veeva") motion to compel Plaintiffs-Counterclaim Defendants IQVIA, Inc. and IMS Software Services, LTD, (collectively "IQVIA") to produce responses to Veeva's Requests for Production Nos. 18-41. After considering the submissions of the parties, based upon the following, it is the opinion of the Special Master that Veeva's motion is GRANTED in part.

         DISCUSSION

         Background

         In July 2017, Veeva served its first set of Requests for Production on IQVIA. Veeva believes that Requests for Production Nos. 18-41 requested that IQVIA produce documents showing IQVIA's products, competitors, revenue, volume of sales, profits, and customer base in the life sciences reference data, sales data, MDM, and CRM markets.

         By Order dated March 28, 2018, the Special Master resolved various discovery disputes involving the parties' discovery requests. With respect to Veeva's Requests for Production Nos. 18-41, the Special Master was briefed and ruled on the geographic scope of me requests. The Special Master limited the geographic scope of Veeva's requests and Ordered IQVIA to produce relevant documents related to the Unites States and global or geographic areas including the Unites States. Aside from the geographic scope of those requests, the Special Master did not consider and made no ruling regarding the substance of IQVTA's responses.

         According to Veeva, on March 21, 2019, it requested IQVIA win/loss data and invoice data, which it believes are encompassed by its Requests for Production Nos. 18-41. Specifically, it sought win/loss data detailing relevant sales opportunities, listing the customer involved, the products involved, the geographic scope, the opportunity's value, other competitors vying for the opportunity, whether IQVIA won or lost the opportunity, and the reasons for that outcome. Veeva also requested invoice data containing pricing and related information. The parties eventually reached an impasse and Veeva filed the within motion. Veeva now seeks: (1) comprehensive win/loss data detailing relevant sales opportunities; and (2) comprehensive invoice data detailing which goods IQVIA sold to which customers, at what prices, and in what combinations.

         Arguments

         Veeva's Arguments

         Veeva explains that win/loss data sets forth information on sales opportunities and lists, among other things, details on particular sales opportunities including the customer involved, the products involved, the geographic scope, the opportunity's value, the resulting revenue, other competitors vying for the opportunity, whether IQVIA won or lost, and the reasons for that outcome.

         Veeva argues that win/loss data is central to its antitrust analysis. Veeva cites case law to assert that identification of competitors involved in particular sales opportunities illustrates the scope of competition, informing market definition and market power and that the value presented by, and revenue resulting from, sales opportunities further aids market-power analysis. Veeva further argues that the Special Master previously acknowledged the relevance of win/loss data as it pertains to Cegedim's OneKey product.

         Veeva argues that win/loss data in plainly relevant. Veeva explains that it accuses IQVIA of maintaining monopolies in global life sciences reference data and sales data. According to Veeva, IQVIA exploits those monopolies by leveraging its Third Party Access (ITA) policy to prohibit customers from using IQVlA's monopoly data products in Veeva's MDM software. Through that exploitation, IQVIA maintains its global reference data monopoly and stifles competition in the global MDM market. Thus Veeva argues that IQVIA win/loss data relating to reference data, sales data, and MDM will advance its claims that IQVIA has market power in the global sales data and reference data markets, which it exploits, generating anticompetitive effects in the global reference data and MDM markets. Veeva further explains that although IQVIA withholds its monopoly data products from Veeva's MDM software, IQVIA has permitted its data to enter Veeva's CRM software. Veeva thus argues that IQVIA win/loss data relating to CRM will enable Veeva to show how customers benefit from competitive markets free from IQVlA's restrictive TPA policy.

         Veeva argues that IQVIA maintains win/loss data in the ordinary course of business. According to Veeva, IQVIA employees enter win/loss data directly into the Salesforce.com database on a per-opportunity basis. Veeva asserts that IQVIA can generates comprehensive reports from its win/loss database. Veeva points to two win/loss reports pulled from Salesforce.com- one documenting wins and losses for the fourth quarter of 2014 ("Q4 2014 Report"), the other covering wins and losses for April and May of 2016 ("April-May 2016 Report").

         Veeva argues that while a party should not be required to create completely new documents for discovery purposes, that is not the same as requiring a party to query an existing dynamic database for ...


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