Case 3:20-cv-05784-ZNQ-DEA Document 207 Filed 01/19/24 Page 1 of 2 PageID: 7023
`
`Cynthia S. Betz
`Partner
`T. 973-848-5377
`F. 973-297-6636
`cbetz@mccarter.com
`
`McCarter & English, LLP
`Four Gateway Center
`100 Mulberry Street
`Newark, NJ 07102-4056
`www.mccarter.com
`
`January 19, 2024
`
`VIA ECF
`
`Hon. Douglas E. Arpert, U.S.M.J.
`U.S. District Court for the District of New Jersey
`Clarkson S. Fisher Building & U.S. Courthouse
`402 East State Street
`Trenton, NJ 08608
`
`Re: OANDA Corporation v. GAIN Capital Holdings, Inc., et al.
`No. 3:20-cv-05784-ZNQ-DEA
`
`Dear Judge Arpert:
`
`We, along with our co-counsel from Koning Zollar LLP, represent Plaintiff OANDA
`Corporation in this matter. Pursuant to the Court’s Order (D.E. 204), Plaintiff and Defendant
`GAIN Capital Holdings, Inc. submit this joint letter regarding the Court’s request for a status
`report, including a proposed scheduling order.
`
`Joint Status Report & Scheduling:
`
`The parties are engaged in discovery and are awaiting issuance of a claim construction
`ruling, after Judge Quraishi held a Markman hearing on August 4, 2022. This Court previously
`approved a case schedule on February 1, 2023 (Dkt. 166), which sets dates based upon the date of
`issuance of the Markman order. The parties are in agreement that this schedule is appropriate and
`should remain unchanged.
`Separate Statements Re Other Issues:
`Defendant GAIN’s Statement:
`Mindful that this Court prefers to be apprised of anticipated docketing events, GAIN
`wishes to apprise the Court of the following anticipated events:
`First, GAIN anticipates bringing a motion to amend its non-infringement contentions
`under Local Patent Rule 3.2A and to amend its invalidity contentions under Local Patent Rule 3.3
`in January in direct response to OANDA’s amended infringement contentions which this Court
`permitted by Order dated December 29, 2023 (Dkt. 202). Whether OANDA should be permitted
`to amend had been a disputed issue until this Court’s December 29th ruling. In light of the Court
`having granted OANDA’s application, such amendments have necessarily compelled GAIN to
`evaluate OANDA’s submission and consider appropriate responses in light of those amendments.
` Second, GAIN has also identified certain issues regarding the sufficiency of OANDA’s
`contention disclosures by letter to OANDA. GAIN anticipates meeting and conferring regarding
`such issues with OANDA, but if such issues cannot be resolved between the parties, further motion
`
`

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`Case 3:20-cv-05784-ZNQ-DEA Document 207 Filed 01/19/24 Page 2 of 2 PageID: 7024
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`Hon. Douglas E. Arpert, U.S.M.J.
`Page 2
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`practice may be required to resolve remaining disputes. We shall keep Your Honor informed of
`any developments or the need for judicial assistance.
`Third, GAIN may bring a motion to compel to address OANDA’s failure to substantively
`respond to GAIN’s interrogatories seeking damages-related information.
`Plaintiff OANDA’s Statement:
`While OANDA has not yet been apprised of the substance of GAIN’s anticipated motion
`to amend its non-infringement contentions under Local Patent Rule 3.2A and to amend its
`invalidity contentions under Local Patent Rule 3.3, OANDA is willing to meet and confer with
`GAIN in good faith about any such motion. The parties already have a meet and confer scheduled
`for Friday, January 26, 2024, to discuss GAIN’s letter raising purported deficiencies in OANDA’s
`infringement contentions.
`OANDA also anticipates bringing a motion to compel to address deficiencies in some of
`GAIN’s interrogatory responses related to damages.
`
`The parties thank the Court for its continued assistance in this matter.
`
`Respectfully submitted,
`
`/s/ Cynthia S. Betz
`
`Cynthia S. Betz
`
`cc: All Counsel of Record (via ECF)
`
`