Law clerk to the Honorable Garrett E. Brown, Jr., United States District Court for the
District of New Jersey
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 international and U.S. 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 is a founding member of the International Law Association for Artificial Intelligence (ILAAI), an organization that brings together lawyers from around the world active in legal issues related to AI. He is also an active member of the International Trademark Association (INTA), the Licensing Executives Society (LES), the New York IP Lawyers Association (NYIPLA), and the Association des Praticiens du Droit des Marques, (APRAM).
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., 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
Patent
Lead counsel for French metal alloy manufacturer in patent infringement action relating to specialized alloys for the mining and aerospace industries
Lead counsel for French agro-industrial giant in patent infringement action relating to industrial greenhouses
Lead counsel for major US oil and gas company in patent infringement action relating to chemical manufacturing technology
Lead counsel for US chemical manufacturing leader in patent infringement action relating to pesticide products
Lead counsel for Swiss luxury watchmaker in design patent dispute relating to watch face designs
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
Trademark
Lead counsel for world-famous French museum in trademark dispute with worldwide events organizer relating to the museum’s brand
Lead counsel for French luxury textile designer in multi-jurisdictional infringement action
Lead counsel for French luxury designer in connection with perfume brands
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 US manufacturer of PPE in trademark dispute with competitor
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
Copyright
Lead counsel for leading French media company in copyright litigation relating to Champions League coverage
Lead counsel for French museum in copyright dispute with competitor
Lead counsel for French manufacturer of high-end linens in copyright dispute with competitor
Trade Secret
Lead trial counsel for technology company accused of software 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
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 protective equipment 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
Founding member of the International Law Association for Artificial Intelligence (ILAAI)
Prior Big-Law Affiliations
Quinn Emanuel
Shearman & Sterling
Languages
English (fluent)
French (fluent)
Publications
Intelligence Artificielle et Droits d’Auteur aux US, BLIP (Juin 2023)
Intelligence Artificielle et Brevets aux US, BLIP (Avril 2024)
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)
Al 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)
Distinctions &
Leadership
Legal 500 United States – Patents litigation
Benchmark Litigation, future star (2022)
Super Lawyers, rising star (2014-2018)
Director for the University of Bristol Foundation
NYU Langone's Family Advisory Council
founding member of the International Law Association for Artificial Intelligence (ILAAI)
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