`
`Cynthia S. Betz
`Associate
`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
`
`September 28, 2021
`
`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.
`Civil Action No. 20-05784-ZNQ-DEA
`
`Dear Judge Arpert:
`We, along with our co-counsel from Koning Zollar LLP, represent Plaintiff
`OANDA Corporation (“OANDA”) in this matter. Pursuant to the Court’s
`September 15, 2021, Order (ECF No. 94), Plaintiff OANDA and Defendant GAIN
`submit this Joint Status Report to update the Court regarding the status of GAIN’s
`invalidity contentions, other ongoing discovery, and scheduling matters:
`1. GAIN’s Invalidity Contentions and Discovery Responses
`On September 17, 2021, GAIN served its invalidity contentions and served
`its supplemental responses to OANDA’s First Set of Interrogatories. In addition,
`GAIN commenced its production of documents on September 17, 2021, and has
`committed in writing to completing its production of documents in response to
`OANDA’s First Request for Production of Documents no later than October 29,
`2021. Accordingly, there are presently no ripe issues for the Court’s consideration,
`subject to Your Honor’s further views.1
`
`1 The parties are meeting and conferring this week regarding OANDA’s objections
`and responses to GAIN’s discovery requests.
`
`01566485.DOC
`
`
`
`Case 3:20-cv-05784-ZNQ-DEA Document 95 Filed 09/28/21 Page 2 of 3 PageID: 3192
`
`Hon. Douglas E. Arpert, U.S.M.J.
`Page 2
`
`2. OANDA’s Response to Invalidity Contentions and Extension of Time
`OANDA requested, and as a courtesy to OANDA, GAIN consented to an
`extension of time from October 8 to October 29, 2021, to respond to GAIN’s
`invalidity contentions, subject of course to Your Honor’s authorization.
`OANDA notes that GAIN’s invalidity contentions are over 500 pages long
`and cite over 70 references/systems per asserted patent. GAIN states that its
`contentions required numerous pages because of the number of claims OANDA is
`asserting and because GAIN provided detailed contentions consistent with the
`spirit and letter of the Local Patent Rules. OANDA objected to the size and scope
`of the contentions, and as a result, the parties met and conferred on September 27,
`2021.
`OANDA requested that GAIN reduce the number of asserted references to a
`more manageable number. GAIN responded by stating that, while any reduction
`of references would need to have a corresponding reduction of limitations, such
`reductions were premature. Nonetheless, GAIN stated that it would be willing to
`consider a concrete proposal of reductions if OANDA presented one.
`OANDA next requested GAIN’s consent to a three-week extension of time
`to respond to GAIN’s invalidity contentions, so that OANDA could provide a more
`thorough response to them. As a professional courtesy, GAIN consented to the
`request. As a result of OANDA’s requested extension, the parties also discussed
`and agreed to a commensurate extension of time for other related scheduling
`deadlines, subject to the Court’s approval.
`Accordingly, we respectfully request that the Court enter the stipulated
`proposed schedule reflecting this adjustment, which is attached to this Report.
`
`*
`*
`*
`*
`We appreciate the Court’s attention to this matter.
`
`01566485.DOC
`
`
`
`Case 3:20-cv-05784-ZNQ-DEA Document 95 Filed 09/28/21 Page 3 of 3 PageID: 3193
`
`Hon. Douglas E. Arpert, U.S.M.J.
`Page 3
`
`Respectfully submitted,
`
`/s/ Cynthia S. Betz
`
`Cynthia S. Betz
`
`Attachment
`
`cc: All Counsel of Record (via ECF)
`
`01566485.DOC
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
