GAIN Capital looks for people with knowledge of PrimeTrade FX

GAIN Capital continues to defend itself in a patent infringement lawsuit introduced by OANDA.

On April 29, 2025, GAIN submitted a letter on the New Jersey District Court docket requesting go away of Court docket to serve a subpoena for the deposition of non-party witness Mr. Ken Ford, who GAIN believes has info related to a previous artwork system, PrimeTrade FX.

An essential protection to patent infringement is that an asserted patent is invalid as a result of the claimed invention is just not novel and/or is apparent contemplating the prior artwork.

The patent statute permits for several types of prior artwork to invalidate a patent, together with earlier patents and printed publications in addition to merchandise/methods that had been in public use or publicly identified earlier than a patent’s precedence date.

OANDA filed swimsuit in opposition to GAIN on Could 11, 2020, virtually 20 years after the earliest claimed precedence date of the asserted patents (March 8, 2001) and over 13 years after the primary of the 2 patents issued (December 5, 2006).

GAIN argues that the asserted patents are invalid over the prior artwork. PrimeTrade FX – commercialized by Credit score Suisse—is one such prior artwork system that GAIN contends was publicly identified and in public use over 24 years in the past—earlier than the asserted patents’ earliest claimed precedence date.

GAIN’s exterior co-counsel served prior artwork doc and deposition subpoenas to Credit score Suisse on this motion to acquire discovery about PrimeTrade FX. Credit score Suisse represented to counsel that due to the time passage and the acquisition of Credit score Suisse by a non-party, the paperwork nonetheless in its possession had been restricted.

Credit score Suisse in the end produced a handful of paperwork that target client-facing features of PrimeTrade FX or high-level system structure descriptions. Counsel diligently pursued discovery from Credit score Suisse of people who developed the PrimeTrade FX product for months, solely to be taught that people who labored on the PrimeTrade FX product had been now not with the corporate.

Credit score Suisse additionally couldn’t (or wouldn’t) establish by title any particular person who did work on PrimeTrade.

Consequently, GAIN researched press releases and on-line assets to search out potential witnesses who had been concerned in FX buying and selling utilizing PrimeTrade at Credit score Suisse previous to March 2001.

GAIN believes that Mr. Ford is an accessible witness residing in New Jersey who has related information in regards to the prior artwork PrimeTrade FX product.

Mr. Ford probably has related info by means of his use of the PrimeTrade FX product.

In sum, GAIN has good trigger for the proposed subpoena to Mr. Ford as a result of he probably has related information in regards to the prior artwork PrimeTrade FX product, which is related to GAIN’s invalidity defenses in opposition to the asserted patents, and GAIN acted diligently in discovering Mr. Ford’s relevance to the prior artwork and notifying the Court docket about this subject.

It is a patent case involving digital buying and selling of foreign currency. OANDA filed a criticism in opposition to GAIN on Could 11, 2020 alleging that GAIN infringes two patents, U.S. Patent No. 7,146,336 (the “’336 patent”) and U.S. Patent No. 8,392,311 (the “’311 patent”).

The Asserted Patents are associated (the ’311 patent is a toddler of the ’336 patent) and share the identical specification. The patent claims are directed usually to utilizing laptop networks to commerce currencies, and extra particularly by aggregating charges from monetary establishments, figuring out a market change charge, and executing a commerce if the speed falls inside a dealer’s acceptable parameters.

The ’336 patent comprises “system” claims that recite numerous “servers” and “engines” that purportedly participate in executing a commerce. The ’311 patent comprises methodology claims reciting steps carried out by a “buying and selling system server” and a “buying and selling shopper system” to impact a commerce.