A Dispute Between OANDA And Gain Capital Over Infringement

　　OANDA's patent infringement action against GAIN Capital is still pending in New Jersey District Court. In a recent Court filing, GAIN seeks to bar OANDA from relying on any theories of infringement that have not been disclosed in OANDA's July 20, 2021 Infringement Contentions based on source code or technical documents produced to date, or any theories that could have been raised based on such discovery because OANDA failed to timely make the required disclosures under Local Patent Rule 3.1.

　　Remember that in this action, OANDA claims that GAIN infringes on two patents: 7,146,336 (“the '366 patent”) and 8,392,311 (“the '311 patent”).

　　The United States Patent and Trademark Office issued United States Patent No. 8,392,311 on March 5, 2013, titled “Currency Trading System, Methods, and Software.” Among other things, the '311 Patent teaches:

　　The present invention includes, in one aspect, a system for trading currencies through a computer network. A preferred embodiment includes (a) at least one database; (b) a transaction server; (c) 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. The present invention also includes techniques for exchanging currencies via a computer network. In another embodiment, the present invention includes software for trading currencies through a computer network.

　　The United States Patent and Trademark Office lawfully and legally granted United States Patent No. 7,146,336, titled “Currency Trading System, Methods, and Software,” on December 5, 2006.

　　[span style="font-size: 21px; font-weight: 600;">Among other things, the 336 Patent teaches:[/span]

　　The present invention includes, in one aspect, a system for trading currencies through a computer network. A preferred embodiment includes (a) at least one database; (b) a transaction server; (c) 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. The present invention also includes techniques for exchanging currencies via a computer network. In another embodiment, the present invention includes software for trading currencies through a computer network.

　　GAIN claims in its most recent Court filing that OANDA should not be allowed to rely on any theories of infringement that were not revealed in OANDA's July 20, 2021 Infringement Contentions because doing so would be detrimental to GAIN.

　　According to GAIN, OANDA has had an adequate chance to make the requisite disclosures. Any adjustment made now or later would be out of date and no longer “preliminary.” The investigation is no longer in its early stages.

　　It has already been about 15 months after OANDA's infringement claims were due, and it has been more than a year since GAIN supplied its source code and technical documentation. During that period, the parties discussed 23 claim terms and agreed on the 7 terms to brief that did not include the requisite infringement contentions.

　　The briefing on claim construction has been finished, and the Court has heard oral arguments. Plaintiff, however, has not tried to alter its claims to integrate the additional theories and references. GAIN contends that any new theories should be avoided for this reason alone.

　　According to GAIN, “OANDA should not be allowed to gain from its own lack of vigilance.” To date, OANDA has sought wide, unbounded discovery on GAIN's entire system because it has failed to comply with this Court's Rules and its claims circumscribed and confined by a proper disclosure of its infringement contentions.

　　OANDA, for example, defines “ACCUSED PRODUCTS” broadly as “anything delivered through the website forex.com, regardless of whether such item is defined by GAIN as a product, service, platform, offering, app, user interface, instructional or informative material(s).”

　　GAIN has identified the various goods and services offered on its website forex.com, as well as the time period during which they were made available, in answer to OANDA's discovery demands. Nonetheless, OANDA has yet to certify whether each of the indicated products/services is an “accused instrumentality” under Local Patent Rule 3.1. (b).

　　According to GAIN, “OANDA has no excuse for its lack of vigilance” since it has possessed the information required to give comprehensive Local Patent Rule 3.1 disclosures for at least a year.

　　GAIN contends that OANDA has violated the spirit of the Local Patent Rules' early disclosure requirements and should not be allowed to conduct the rest of discovery, and then expert discovery, freely and without constraints because it has no real contentions to live by while keeping GAIN in the dark about what is accused of infringement and why.

　　GAIN concludes that the Court should grant GAIN's motion to preclude OANDA from relying on any infringement theories that have not been disclosed in OANDA's July 20, 2021 Infringement Contentions based on source code or technical documents produced to date, or any theories that could have been raised based on such discovery because OANDA has failed to timely make the required disclosures under Local Patent Rule 3.1.

　　You can find out more about OANDA news here: https://www.wikifx.com/en/dealer/0001134561.html

　　As well as GAIN CAPITAL news here: https://www.wikifx.com/en/dealer/8381534411.html

　　Stay tuned for more Forex Broker news.

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