In a recent development in the patent infringement lawsuit filed by OANDA against GAIN Capital, Magistrate Judge Douglas E. Arpert of the New Jersey District Court has signed an order denying OANDA’s request to compel additional data from GAIN’s JIRA system.

OANDA alleges that GAIN’s foreign exchange trading technologies violate its patents, U.S. Patents No. 7,146,336 and No. 8,392,311, which cover systems and methods for online currency trading. The complaint accuses GAIN of infringing these patents by producing, selling, or offering products and services that meet the patented claims.

OANDA filed a Motion to Compel on May 10, 2023. They were seeking data from GAIN’s JIRA system, an issue tracking and project management software used by GAIN during the relevant period. The information was going to reveal when specific versions of GAIN’s accused products were deployed or retired.

Court Rejects OANDA’s Request for GAIN’s JIRA Data in Patent Dispute

GAIN argued against the motion, emphasizing that JIRA is a third-party tracking and management software not used for substantive work and that source code and technical documents are stored elsewhere. GAIN further highlighted the confidentiality of customers, employees, and privileged material within JIRA.

The Court sided with GAIN, expressing skepticism about OANDA’s arguments. Judge Arpert pointed out that cases cited by OANDA did not analyze the reasonable accessibility of JIRA materials. They merely mentioned their production in other cases. The Judge said that OANDA “presupposes, without any basis to do so, that GAIN’s JIRA systems are maintained in exactly the same way as those in its cited cases.”

This ruling follows previous clashes between OANDA and GAIN over discovery issues. GAIN contends that OANDA has had complete information for a year and lacked diligence. OANDA insists that GAIN’s production is still incomplete, and GAIN has consistently resisted efforts to obtain critical technical documents.

The lawsuit revolves around U.S. Patents No. 7,146,336 and No. 8,392,311, issued by the United States Patent and Trademark Office, which describe currency trading systems, methods, and software for online trading over a computer network. The legal battle between OANDA and GAIN Capital continues. Both are navigating the complexities of patent infringement claims and discovery disputes.

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