Shortly after GAIN Capital sought international judicial assistance in the patent infringement lawsuit brought by OANDA, the New Jersey District Court has granted GAIN’s request.

The United States District Court for the District of New Jersey requests international judicial assistance from the Central Authority of the Canton of Zurich to obtain testimony from Dr. Richard Olsen under the Hague Convention.

The testimony sought is necessary for trial in the lawsuit brought by OANDA against GAIN.

Plaintiff OANDA Corporation sued Defendants GAIN Capital Holdings, Inc. and GAIN Capital Group, LLC (together, “GAIN”) for alleged infringement of two United States Patents directed to trading currencies over a computer network.

GAIN seeks evidence and testimony from a listed inventor on the patents, Dr. Richard Olsen, to support its defenses of patent invalidity and patent unenforceability, and to rebut OANDA’s claim for damages in the ongoing proceedings and at trial.

Dr. Olsen has to provide testimony about the asserted patents to address matters directly relevant to the case.

OANDA identified Dr. Olsen in its initial disclosures as a witness on whom it may rely to support its claims and defenses.

The United States patent statute requires that the claimed inventions be novel and non- obvious. Dr. Olsen’s testimony, as the purported inventor of the patents, could impact whether the patent claims satisfy these requirements. For example, inventor testimony may involve the state of the art at the time of the invention and how the invention differs from the prior art.

Testimony about the scope and content of the prior art may impact whether a prior art reference anticipates the patent claims and whether the claims would have been obvious to a person of ordinary skill in the art over the combination of two or more references.