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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`GAIN CAPITAL HOLDINGS, INC., and
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`GAIN CAPITAL GROUP, LLC.
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`Defendants.
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`____________________________________:
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`Case No. 3:20-cv-05784-BRM-DEA
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`ORDER
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`OANDA CORPORATION,
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`Plaintiff,
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`v.
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`THIS MATTER is before the Court on a Motion to Stay (ECF No. 34) and a Motion to
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`Dismiss (ECF No. 24) filed by Defendants GAIN Capital Holdings, Inc. and GAIN Capital
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`Group, LLC (collectively “GAIN”). Having reviewed the parties’ submissions filed in
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`connection with the motions and declined to hold oral argument pursuant to Federal Rule of
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`Civil Procedure 78(b), for the reasons set forth in the accompanying Opinion and for good cause
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`having been shown,
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`IT IS on this 30th day of March 2021,
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`ORDERED that GAIN’s Motion to Stay (ECF No. 34) is DENIED; and it is further
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`ORDERED that GAIN’s Motion to Dismiss (ECF No. 24) is GRANTED IN PART
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`and DENIED IN PART; and it is further
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`ORDERED that Plaintiff OANDA Corporation’s (“OANDA”) Complaint (ECF No. 1) is
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`DISMISSED WITHOUT PREJUDICE as to Count I, to the extent it is based on GAIN’s
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`alleged infringement of Claims 1, 7, 9, and 10 of U.S. Patent No. 7,146,336, and Count III; and it
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`is further
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`Case 3:20-cv-05784-BRM-DEA Document 52 Filed 03/30/21 Page 2 of 2 PageID: 1372
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`ORDERED that OANDA may file an amended complaint within 60 days of this Order,
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`and failure to do so will turn dismissals without prejudice into dismissals with prejudice; and it is
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`further
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`ORDERED that GAIN’s Motion to Dismiss (ECF No. 24) is DENIED as to the
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`remaining portion.
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`/s/ Brian R. Martinotti___________
`HON. BRIAN R. MARTINOTTI
`UNITED STATES DISTRICT JUDGE
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