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430 Park Avenue
New York, NY 10022
F: 646.710.4947


Clerkships
  • Law clerk to the Honorable Garrett E. Brown, Jr., Chief Judge of the United States District Court for the District of New Jersey
Education
  • Duke Law School, J.D.
  • Duke Law & Technology Review
  • University of Bristol (U.K.), B.S.
Bar and Court Admissions
  • New York
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Federal Circuit
  • Southern District of New York
  • Eastern District of New York
  • Eastern District of Texas
  • United States Patent & Trademark Office

Ben Quarmby

Photo of Ben  Quarmby

Ben Quarmby's practice focuses on business disputes and intellectual property litigation. He has represented clients as lead counsel in federal and state trial courts, the International Trade Commission, federal courts of appeals, the United States Patent & Trademark Office, and in arbitration.

Mr. Quarmby represents both plaintiffs and defendants in cases around the country.  His clients include U.S. corporations, individuals, and family offices, as well as many foreign companies, particularly from Japan and France. 

His recent representations include obtaining a summary judgment of non-infringement on behalf of a major oil and gas company in a patent infringement matter involving hundreds of millions of dollars in alleged damages. He also obtained a full judgment in favor of a leading French media company in a matter involving allegations of domain name hijacking.  And he regularly advises leading Japanese companies in the fields of pharmaceutical research and development, auto manufacturing, medical device manufacturing, textile, fashion, and retail in connection with U.S. disputes.

Mr. Quarmby is an active member of the Japan Society, the French-American Bar Association (FABA), the New York Intellectual Property Law Association (NYIPLA), the International Trademark Association (INTA), the Association des Praticiens du Droit des Marques et des Modèles (APRAM), the American IP Law Association (AIPLA), and the Conner IP Inn of Court.

Mr. Quarmby frequently publishes on topics including patent, trademark and trade secret law, the General Data Protection Regulation (GDPR), shareholder appraisal rights, artificial intelligence, social media, and privacy.  He is also a frequent 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 business and IP litigation with the law firm of Quinn Emanuel Urquhart & Sullivan. He also clerked for the Honorable Garrett E. Brown, Jr., Chief Judge for the District of New Jersey. Mr. Quarmby is fluent in French, and is admitted to the United States Patent and Trademark Office.

Representative Matters

Business Disputes

  • Lead counsel representing real estate developer in arbitration relating to commercial real estate
  • 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
  • Counsel for large financial institution in fraudulent breach of contract matter relating to the Enron accounting scandal

Patent

  • Lead counsel for top oil and gas company in patent infringement action relating to chemical manufacturing technology
  • Counsel for leading vaccine manufacturer in arbitration relating to patented technology
  • Lead counsel for major Japanese chemical manufacturing company in patent infringement dispute
  • 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

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
  • 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 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

Other Matters

  • Lead counsel for national engineering firm in employment dispute with former employee
  • Lead counsel for third-party litigation funder in assessing potential investments
  • Lead counsel for hedge fund evaluating potential investments in litigation

Publications

Presentations

  • 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