Ben Quarmby

Ben Quarmby focuses on business disputes and intellectual property litigation. He has represented clients as lead trial counsel in federal and state trial courts, the International Trade Commission, the United States Patent & Trademark Office, and in arbitration. His clients include U.S. corporations, individuals, and family offices, as well as many foreign companies—particularly from Japan and France.

Benchmark Litigation has highlighted Mr. Quarmby as a “future star” with “an ardent fan base among clients.” He is noted as being “super responsive” and “efficient,” with one client praising Mr. Quarmby’s ability to provide “practical solutions” to complex problems.

Mr. Quarmby teaches U.S. intellectual property law at the International Center for Intellectual Property Studies (CEIPI) in France. He frequently publishes on topics including patent, trademark and trade secret law, art law, fashion law, the General Data Protection Regulation (GDPR), artificial intelligence, social media, and privacy. He is also a regular speaker on issues such as third-party litigation funding, developments in patent, trademark and copyright law, and international arbitration.

Prior to joining MoloLamken LLP, Mr. Quarmby practiced at Quinn Emanuel Urquhart & Sullivan. He also clerked for the Honorable Garrett E. Brown, Jr., Chief Judge of the United States District Court for the District of New Jersey. Mr. Quarmby is fluent in French and is admitted to the United States Patent and Trademark Office.

Mr. Quarmby serves as a Director for the University of Bristol Foundation, whose mission includes the promotion of the University and its alumni's interests in the U.S. He also serves on NYU Langone's Family Advisory Council and its Diabetes Family Advisory Council. He is interested in all issues relating to Type 1 diabetes—medical, technological, social, and others.

Representative Matters

Business Disputes

• Lead counsel for French developer of art exhibits in dispute with business partner and competitor
• Lead counsel for Canadian renewable energy company in contract dispute relating to solar development site
• Lead counsel representing real estate developer in arbitration relating to commercial real estate
• Lead counsel for manufacturer in international arbitration proceedings against supplier
• Lead counsel for manufacturer of IoT household devices in contract dispute with supplier
• Lead counsel for Japanese chemicals manufacturer in contract dispute with supplier
• Lead counsel representing technology company in litigation relating to M&A deal
• Lead counsel for Japanese medical device manufacturer in contract dispute with competitor
• Lead counsel representing travel agency conglomerate in litigation relating to share purchase agreement
• Lead counsel for family office in dispute relating to one of its investments
• Appeals counsel for nationwide bank involved in action against former executive accused of embezzlement
• Appeals counsel for major Israeli real estate development company
• Counsel for large financial institution in fraudulent breach of contract matter relating to the Enron accounting scandal

Patent

• Lead counsel for major oil and gas company in patent infringement action relating to chemical manufacturing technology
• Lead counsel for Japanese telecommunications giant in connection with patent infringement dispute
• Lead counsel for major French vaping and e-cigarette technology company in ITC investigation
• Counsel for leading Chinese vaping and e-cigarette technology company in connection with pending district court matters
• Counsel for leading vaccine manufacturer in international arbitration relating to patented technology
• Counsel for technology company in multi-district patent enforcement campaign
• Lead counsel for French developer of battery technology in dispute with competitor
• Lead counsel for major Japanese chemical manufacturing company in patent infringement dispute
• Lead counsel for Japanese manufacturer of medical devices in dispute with supplier
• Lead counsel for e-commerce software company in patent dispute with competitor
• Lead counsel for developer of textile manufacturing technology in patent infringement action against major fashion retailers before the ITC
• Lead counsel in patent infringement litigation relating to real-time delivery of financial information
• Counsel for Fortune 50 software company in patent infringement litigation relating to cell phone software before the ITC
• Counsel for leading medical device manufacturer in patent infringement litigation relating to laparoscopic surgery instruments
• Lead counsel for Japanese manufacturer of medical devices in patent infringement dispute with competitor
• Lead counsel for Japanese manufacturer of computerized assay technology in patent dispute with former business partner

Trade Secret

• Lead trial counsel for technology company accused of trade secret misappropriation
• Lead counsel for major Japanese pharmaceutical company in dispute relating to proprietary technology
• Lead counsel for Japanese auto parts manufacturer in dispute with car manufacturers
• Lead counsel for hedge fund accused of trade secret misappropriation and violation of the Computer Fraud and Abuse Act
• Counsel for national engineering firm in trade secret misappropriation litigation relating to mission critical technology
• Counsel for electronic data search company in misappropriation of trade secret case relating to data mining technology

Trademark

• Lead counsel for major French software and IT services company in litigation relating to its brand
• Lead counsel for top French newspaper in litigation relating to its brand
• Lead counsel for Japanese soy sauce manufacturer in litigation relating to its use of certain marks
• Lead counsel for corporate owner of iconic American trademark in trademark infringement litigation relating to car accessories
• Lead counsel for international Japanese clothing brand in trademark dispute with competitor
• Lead counsel for streetwear clothing company in multiple trademark disputes relating to its brand

Publications

• Comment Obtenir des Tribunaux Américains la Production Forcée de Preuves (Discovery) au Profit d’un Litige Français?, Actualités du Droit (March 2020)
• United States International Trade Commission: Comprendre les Procédures et Particularités de ce Forum Spécialisé, Revue Francophone de la Propriété Intellectuelle (June 2020)
• L’Impact du COVID-19 sur les Contrats Commerciaux Soumis au Droit Américain, La Semaine Juridique (October 2020)
• GDPR – Technology & Innovation : US Litigators, Does Your Discovery Include EU Data? Strategic, Legal and Technical Considerations under GDPR (co-author)
• Plugged In: Guidebook to Software and the Law, LegalWorks (2018 ed.) (contributor)
• AI Creates Legal Challenges for the Fashion Industry, Law360 (Apr. 25, 2018) (with Dan Michaeli and William Forni)
• Metaphysical Questions After TC Heartland, Law360 (Mar. 19, 2018) (with Sara Margolis)
• High Court Considers Upending Patent Damages, Law360 (Jan. 23, 2018) (with Rayiner Hashem and Justin Weiner)
• Recent Legislative and Judicial Developments Fail to Diminish Appeal of Stockholder Appraisal Actions as Strategy for Hedge Fund Managers, The Hedge Fund Law Report, Vol. 9, No. 31 (Aug. 2016)
• Stockholder Appraisal Actions Present an Attractive Litigation-Based Strategy for Hedge Fund Managers, The Hedge Fund Law Report, Vol. 9, No. 5 (Feb. 2016)
• Calling the Feds – A Trump Card for Trade Secret Owners, National Law Journal (Apr. 21, 2014)
• The Impact of Predictive Coding on the Legal Profession, The Bencher – The Magazine of the American Inns of Court (Jan. 9, 2014)
• Measures Hedge Fund Managers Can Implement to Maximize Protection of Their Trade Secrets, Hedge Fund Law Report, Vol. 5, No. 46 (Dec. 6, 2012)
• Social Media: A Danger to Company IP, Law360 (2012) 
• Pirates Among the Second Life Islands – Why You Should Monitor the Misuse of Your Intellectual Property in Online Virtual Worlds, 25 Cardozo Arts & Ent. L.J. 667 (2009)
• Protection Against Anonymous Online Libel – A Practical Guide, 42 New Eng. L. Rev. 275 (2008)
• The Case for National DNA Identification Cards, 2003 Duke L. Tech. Rev. 0002 (2003)
• 3-D Molecular Structures: Patentable Subject Matter under 35 U.S.C. § 101?, 2003 Duke L. Tech. Rev. 0029 (2003)

Presentations

• Brevets US – Le Jeu en Vaut-Il Encore la Chandelle?, International Center for Intellectual Property Studies (CEIPI), Strasbourg, France, November 2020
• Freedom of Expression and Non-Traditional Marks, International Center for Intellectual Property Studies (CEIPI), Strasbourg, France, January 2020
• Online Trademark Liability, International Center for Intellectual Property Studies (CEIPI), Strasbourg, France, January 2020
• A Global View of Litigation Finance: Domestic and International Perspectives from Practitioners, Funders, and the Bench, The American Bar Association’s 2019 Section of Litigation CLE Conference, New York, New York, 2019
• Three in One: Global Patent Trials, Linn Inn Alliance and Conner IP Inn of Court, New York, New York, 2019
• Patent Law Developments Webinar, Global Cyber Institute and Thomson Reuters, New York, New York, 2019
• One-Day Patent CLE Seminar: Arbitration of Patent Disputes, New York Intellectual Property Law Association, New York, New York, 2019
• Policy Focus on Damages, Eligibility, and IPRS with the Hon. Paul Michel, Chief Judge for the U.S. Court of Appeals for the Federal Circuit (Ret.), Conner IP Inn of Court, New York, New York, 2018
• Mock Arbitration Event, organized by the International Arbitration Center in Tokyo and the Japan Patent Office, Tokyo, Japan, 2018
• Understanding Patent Law and Software, WestLegalEdCenter, New York, New York, 2017
• CBM Review: Taking Stock of the Case Law, IPO IP Channel, New York, New York, 2015
• Understanding Patent Law and Software, WestLegalEdCenter, New York, New York, 2015
• Litigation Finance & Funding: Business, Legal and Ethical Issues, Global Legal Confex, New York, New York, 2015
• Developments in Litigation Funding, The National Law Journal CLE Program, New York, New York, 2014
• Daubert Challenges in IP Litigation, The New Jersey Law Journal’s In-House Counsel CLE Program, Florham Park, New Jersey, 2013
• Emerging Issues in Patent Litigation, The National Law Journal CLE Program, New York, New York, 2013
• Protecting IP Assets When Investing in China, China Investment Group, New York, New York, 2012