`
`Erik Dykema
`Koning Zollar LLP
`4 Manheim Road
`Essex Fells, NJ 07021
`www.kzllp.com
`(858) 252-3234
`erik@kzllp.com
`
`
`
`March 19, 2021
`
`VIA CM/ECF
`
`Honorable Brian R. Martinotti
`U.S. District Court for the District of New Jersey
`Clarkson S. Fisher Bldg. & U.S. Courthouse
`402 East State Street Room 2020
`Trenton, New Jersey 08608
`
`Re: OANDA Corporation v. GAIN Capital Holdings, Inc. et al.,
`Civil Action No. 3:20-cv-05784-BRM-DEA
`
`Dear Judge Martinotti:
`
`We represent Plaintiff OANDA Corporation (“OANDA”) in the above matter. We write to apprise
`the Court of recent developments in this matter.
`On July 17, 2020, Defendants GAIN Capital Holdings, Inc., and GAIN Capital Group, LLC
`(collectively “GAIN”) filed a motion to dismiss OANDA’s complaint pursuant to Rule 12(b)(6).
`That motion is currently pending before this court. (Dkt. No. 24.)
`On September 14, 2021, and September 15, 2020, GAIN filed petitions for covered business
`method review before the U.S. Patent and Trademark Office Patent Trial and Appeal Board
`(“PTAB”) for the two U.S. patents that are at issue in this case. On September 17, 2020, GAIN
`filed an opposed Motion to Stay Pending Covered Business Method Reviews which is currently
`pending before this court. (Dkt. No. 34.)
`On March 18, 2021, the PTAB denied institution of the petitions for covered business methods
`review rendering GAIN’s motion to stay moot. Copies of the decisions denying review are
`attached to this letter.
`
`
`Respectfully submitted,
`
`
`Erik Dykema
`Counsel for OANDA, Corporation
`
`169 Saxony Road, Suite 115 Encinitas CA 92024
`t: (858) 252-3234 f: (858) 252-3238 www.kzllp.com
`
`
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