Judge sets deadlines for GAIN Capital in OANDA patent lawsuit
OANDA’s efforts to have the alleged patent infringement lawsuit against GAIN Capital, part of StoneX Group, going faster, appear to be bearing a result.
On September 15, 2021, Magistrate Judge Douglas E. Arpert of the New Jersey District Court signed an order directing the defendants to serve invalidity and non-infringement contentions with related document production by September 17, 2021. GAIN will also have to provide OANDA with dates by which it will complete production of documents in response to OANDA’s request for production by September 21, 2021.
As FX News Group has reported, last week OANDA requested the Court’s assistance in resolving what OANDA calls “GAIN’s continued delay in responding to discovery”. The parties have met and conferred about the outstanding discovery and have largely reached agreement on any disputes, OANDA explains, adding that the only question for the Court to resolve is how much longer GAIN will be permitted to delay producing the documents and substantive interrogatory responses it has already promised to provide.
OANDA notes that this case has been pending for well over a year, and OANDA propounded discovery requests more than three months ago. It is long past time for discovery to commence in earnest, OANDA says, and for GAIN to start producing documents and providing substantive responses to interrogatories.
Let’s recall that, in this lawsuit, OANDA alleges that GAIN infringes two of its patents, U.S. Patents No. 7,146,336 (the ʼ336 Patent) and 8,392,311 (the ʼ311 Patent). These patents claim systems and methods for online currency trading that improve upon prior art online currency trading.
In this action, OANDA seeks, inter alia:
- an award of damages pursuant to 35 U.S.C. §284 sufficient to compensate Plaintiff for Defendants’ past infringements, and any continuing or future infringement, up until the date that Plaintiff’s patent expires;
- a determination of a reasonable royalty for any future infringement by Defendants, and an Order directing Defendants to pay such royalty on future infringement.