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Ben Quarmby

Ben Quarmby focuses on intellectual property litigation and technology disputes. He has appeared as lead trial counsel in federal and state trial courts, the International Trade Commission, the United States Patent and Trademark Office, and in arbitration.

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 his ability to provide “practical solutions” to complex problems.

Mr. Quarmby represents both domestic and international clients in high-stakes disputes. He has extensive expertise assisting French and Japanese companies with U.S. disputes. He teaches U.S. intellectual property law at the International Center for Intellectual Property Studies (CEIPI) in France. He is fluent in French and is admitted to the United States Patent and Trademark Office.

Mr. Quarmby serves as the Co-Chair of the Trademark Committee of the New York IP Law Association.  And he is a founding member of the International Law Association for Artificial Intelligence, an organization that brings together lawyers from around the world who are active in legal issues related to AI.

Mr. Quarmby also 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., and 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

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

Clerkships

  • Law clerk to the Honorable Garrett E. Brown, Jr., 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
  • United States District Courts for the Southern District of New York, the Eastern District of New York, and the Eastern District of Texas
  • United States Patent & Trademark Office
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