The legal battle between two major Forex brokers – OANDA and GAIN Capital, continues at the New Jersey District Court. OANDA accuses GAIN of infringing two of its patents.

On May 10, 2023, OANDA filed a set of documents with the Court. The broker explains that it will move the Court for an Order requiring GAIN Capital to produce data related to the accused products from its JIRA system at its own expense.

OANDA says that its motion is brought pursuant to Local Rule 37.1 after extensive meet-and-confer efforts were unsuccessful in resolving this discovery dispute.

Let’s recall that 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.

OANDA and GAIN Capital have clashed over discovery several times already. GAIN claims that OANDA has had complete information for a year and has lacked diligence in acting on it. OANDA insists that GAIN’s production is still incomplete, and that GAIN has consistently resisted OANDA’s efforts to obtain critical technical documents.