Online trading major GAIN Capital, which is now part of StoneX Group, seems concerned about the lack of clarity on how to proceed in the patent infringement lawsuit brought by OANDA.

According to the latest filings with the New Jersey District Court, seen by FX News Group, GAIN Capital requests that the Court grant an extension of time for GAIN to respond to plaintiff OANDA’s Complaint after receiving Judge Martinotti’s Opinion and Order of March 30, 2021.

That order found that OANDA’s Complaint is partially deficient in identifying how GAIN’s product (that is, forex.com) allegedly infringes each claim of the patents. The Court trimmed some of the claims in OANDA’s complaint and allowed OANDA to file an amended complaint within 60 days after the order was issued.

According to GAIN, the Court’s Order that presents an unusual procedural occurrence. Judge Martinotti’s Order dismisses certain aspects of OANDA’s Complaint, while providing OANDA an opportunity to amend to attempt to overcome those deficiencies. GAIN attempted to determine whether OANDA intended to file an amended pleading, but OANDA refused to disclose whether it would do so.

Moreover, OANDA is unwilling to agree to an extension of time for GAIN to respond to the current Complaint until after the deadline to amend the Complaint has passed, which if agreed upon, would permit GAIN to file a single, more efficient and cohesive response to either the current Complaint as is or the amended Complaint.

Since entry of the Court’s Order, GAIN has asked Plaintiff OANDA whether it intends to file an amended complaint as permitted by the Court’s Order. OANDA’s response was that it was considering its options and refused to commit whether it will or will not amend the Complaint.

GAIN Capital says:

“OANDA’s unwillingness to inform us whether it will be filing an amended pleading, and its unwillingness to agree to an extension of the time for GAIN to respond with a single, unified response rather than in piecemeal manner, is contrary to the efficient and orderly administration of this case. The scope and content of the claims for relief in the Complaint directly impact GAIN’s defenses and the scope of discovery”.

In this lawsuit, OANDA alleges that GAIN infringes two patents, U.S. Patent Nos. 7,146,336 (“the ’366 patent”) and 8,392,311 (“the ’311 patent”).

On March 5, 2013, the United States Patent and Trademark Office issued United States Patent No. 8,392,311, entitled “Currency Trading System, Methods, and Software.” The ’311 Patent teaches, among other things:

In one aspect, the present invention comprises a system for trading currencies over a computer network. A preferred embodiment comprises: (a) a server front-end; (b) at least one database; (c) a transaction server; (d) a rate server; (e) a pricing engine; (f) an interest rate manager; (g) a trade manager; (h) a value at risk server; (i) a margin control manager; (j) a trading system monitor; and (k) a hedging engine. In another aspect, the present invention comprises methods for trading currency over a computer network. In another aspect, the present invention comprises software for currency trading over a computer network.

On December 5, 2006, the United States Patent and Trademark Office duly and legally issued United States Patent No. 7,146,336, entitled “Currency Trading System, Methods, and Software.”

The ʼ336 Patent teaches, among other things:

In one aspect, the present invention comprises a system for trading currencies over a computer network. A preferred embodiment comprises: (a) a server front-end; (b) at least one database; (c) a transaction server; (d) a rate server; (e) a pricing engine; (f) an interest rate manager; (g) a trade manager; (h) a value at risk server; (i) a margin control manager; (j) a trading system monitor; and (k) a hedging engine. In another aspect, the present invention comprises methods for trading currency over a computer network. In another aspect, the present invention comprises software for currency trading over a computer network.