Although OANDA and GAIN Capital have recently agreed on access to source code materials in a patent infringement lawsuit, the brokers remain at odds over discovery. This is indicated by a letter sent by OANDA, the plaintiff in this case, to the Honorable Douglas E. Arpert of the New Jersey District Court.

The letter, filed on September 9, 2021, and seen by FX News Group, represents a request for 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.

To that end, OANDA requests the Court’s assistance to compel production of the agreed discovery. OANDA says that GAIN should begin to produce documents in response to OANDA’s First Set of Requests for Production no later than September 17, 2021, and to complete its production of documents in response to OANDA’s First Set of Requests for Production no later than October 29, 2021.

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.