OANDA gets served with GAIN Capital’s patent invalidity contentions
There is some progress in the patent infringement lawsuit brought by OANDA against GAIN Capital, which is now owned by StoneX Group.
Shortly after the New Jersey District Court set deadlines for GAIN Capital regarding the production of documents, OANDA has confirmed that GAIN has started production of documents. This becomes clear from a status report filed in the Court on September 28, 2021.
OANDA says GAIN has served its invalidity contentions and served its supplemental responses to OANDA’s First Set of Interrogatories. Let’s note that the “invalidity contentions” are written explanations outlining the prior art it claims invalidate the asserted patent claims and why.
In addition, GAIN commenced its production of documents on September 17, 2021, and has committed in writing to completing its production of documents in response to OANDA’s First Request for Production of Documents no later than October 29, 2021.
OANDA notes that GAIN’s invalidity contentions are over 500 pages long and cite over 70 references/systems per asserted patent. GAIN states that its contentions required numerous pages because of the number of claims OANDA is asserting and because GAIN provided detailed contentions consistent with the spirit and letter of the Local Patent Rules.
OANDA objected to the size and scope of the contentions, and as a result, the parties met and conferred on September 27, 2021. GAIN consented to an extension of time from October 8 to October 29, 2021, to respond to GAIN’s invalidity contentions.
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.