A critical shift has emerged in the ongoing OANDA patent lawsuit, as GAIN Capital seeks to depose a key figure from early forex technology history. The dispute, centred on online currency trading systems, could see momentum swing dramatically depending on whether the court grants GAIN’s latest request.
GAIN Capital Seeks Permission to Depose Ilya Sorokin
On 24 June 2025, GAIN Capital submitted a motion in the New Jersey District Court seeking permission to subpoena Ilya Sorokin. Sorokin, the former CEO of ActForex, is believed to possess vital information relevant to GAIN’s defence against OANDA’s infringement claims.
ActForex developed early online trading platforms used across the industry under white-label arrangements. GAIN contends that these platforms may invalidate OANDA’s patents by proving prior art predating their priority claims. Sorokin led ActForex from 2000 to 2015 — a period critical to GAIN’s argument that existing platforms already included the patented features.
ActForex White Labelling at Centre of GAIN’s Argument
The legal debate now centres around whether ActForex-powered systems existed before OANDA’s patent priority date of March 2001. GAIN points to third-party platforms launched by Tamb International and FXCM, both of which used ActForex’s technology.
These platforms reportedly operated over 24 years ago and delivered similar online forex trading capabilities. GAIN’s legal team claims that if the backend infrastructure matches OANDA’s claimed inventions, the patents should be ruled invalid.
In essence, they argue that ActForex had already implemented the essential elements covered by the patents well before OANDA’s filings.
Limited Public Info Prompts Subpoena Effort
While references to these legacy platforms exist in archived websites and documentation, GAIN says these sources lack technical depth. Most focus on the user interface and basic client-side functions, rather than internal architecture or backend logic.
GAIN argues that only ActForex — as the original developer — can provide definitive technical documentation. And Sorokin, as its long-serving CEO, may be the only individual capable of speaking authoritatively on those systems.
With no access to backend source code or deployment records from FXCM or Tamb, GAIN considers Sorokin’s testimony essential.
Discovery Delays Justify Timing of Request
OANDA initiated its lawsuit against GAIN Capital in May 2020, alleging infringement of two patents granted in 2006 and 2014. These patents describe systems enabling currency trading via computer networks, including backend processing and transaction handling.
GAIN insists that its recent request is justified by the delayed discovery of the ActForex white-labelling arrangement. According to their filing, neither FXCM nor Tamb publicly disclosed their backend dependencies or licensing relationships.
GAIN further states that once Sorokin’s potential relevance became clear, they acted quickly to notify the court. Their filing frames the timing not as a delay, but as a reasonable reaction to newly uncovered evidence.
OANDA Opposes Subpoena, Parties Remain at Impasse
Despite the urgency expressed by GAIN, OANDA firmly opposes the subpoena. A meet-and-confer between the parties took place on 23 June 2025, following GAIN’s outreach on 20 June seeking cooperation.
OANDA declined, referencing its previous objections to similar discovery requests throughout the case. They argue that GAIN’s efforts are untimely and overly speculative, lacking clear proof that Sorokin’s input is essential.
As a result, the matter is now awaiting judicial determination. The court must now decide whether GAIN’s justification meets the legal standard for issuing a late-stage third-party subpoena.
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Relevance of Backend Tech to GAIN’s Defence
At the heart of the patent infringement case are backend system elements that govern order processing, data routing, and account management. OANDA’s asserted patents involve technical components not always visible in user interfaces.
GAIN claims that many ActForex licensees operated on platforms that mirrored these backend elements. However, since the clients only had access to front-end branding, they were unaware of underlying infrastructure.
That’s where Sorokin’s knowledge could become crucial. He could confirm the use of specific backend features — such as data synchronisation, order matching engines, and authentication modules — prior to 2001. Such testimony could help GAIN establish that OANDA’s inventions were not novel and were in public use well before patent filing dates.
Conclusion: Sorokin Deposition May Shift Lawsuit Momentum
The OANDA patent lawsuit has become a defining case for intellectual property in the forex trading sector. As digital finance evolves, disputes over technological ownership and innovation history are becoming increasingly complex.
GAIN Capital’s push to depose Ilya Sorokin represents a pivotal moment in its legal strategy. Should the court grant the request, Sorokin’s deposition could provide evidence capable of invalidating OANDA’s core patents.
Alternatively, if the motion is denied, GAIN may face significant hurdles in undermining OANDA’s claims. Much now depends on the court’s view of the balance between discovery rights and procedural timing.
The case, initially about patent language, is now shifting toward historical reconstruction of early trading infrastructure. With implications for future fintech patents, the outcome may shape how legacy systems are viewed in today’s legal frameworks. As the legal process continues, the forex industry awaits clarity on how far back innovation protections can truly reach.
