Patent litigation attorney

Benjamin E. Marks

1 tracked appearance — 1 plaintiff · 0 defendant.

Specialty & background

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Practice focus. Benjamin E. Marks is a New York–based partner at Weil, Gotshal & Manges and head of the firm's Intellectual Property & Media practice. His publicly described concentration is copyright, trademark, music licensing, unfair competition, and First Amendment litigation, plus emerging AI/ML matters — not patent litigation. Weil, Chambers, Legal 500, and Best Lawyers profiles for him describe no patent practice; his technology exposure runs to copyrighted content and generative AI rather than telecom, pharma, or mechanical patents. The single tracked appearance (Microsoft v. InterDigital) sits in the standards-essential-patent/FRAND space, so his patent-adjacent work appears tied to SEP licensing and antitrust rather than conventional infringement dockets.

Side preference. The tracked data show a 1–0 plaintiff-side split, and in his documented dockets he is comfortable on either side of the "v." — plaintiff for Getty Images, A&E, and S&P Global; defense for West Publishing and Sirius XM/Pandora. There is no NPE/PAE practice in the public record, and no evidence he is a recurring litigation counsel for operating-company patent defendants.

Firm context. He has been at Weil, Gotshal & Manges throughout the period covered by available sources (New York office); no prior firm appears in firm bios, Chambers, Legal 500, or court filings. He also teaches as an adjunct/lecturer at NYU Law and Penn Law and serves on the advisory board of NYU's Engelberg Center on Innovation Law & Policy.

Notable matters and caveats. His prominently reported results are copyright and media matters: the Second Circuit affirmance for Getty Images in a multi-billion-dollar photo-agency copyright suit (AmLaw "Litigator of the Week"), Getty Images v. Stability AI, the Web IV and Web V royalty rate-setting proceedings before the Copyright Royalty Board for Pandora and Sirius XM, and settlement of A&E's IP claims against REELZ over "Live PD." On the tracked case: the Microsoft/InterDigital dispute involving 3G/4G standards-essential patents (D. Del. No. 1:15-cv-00723) survived a motion to dismiss in April 2016. I could not verify Marks's name on that docket — public docket sheets list Sidley Austin and Drinker Biddle for Microsoft — so that appearance should be confirmed before being relied on. I also found no IPR/PGR filings or PTAB appearances attributable to him; treat patent-office work as unverified. Bar/education: admitted in New York (1998); University of Pennsylvania (B.A., 1993, magna cum laude); NYU School of Law (J.D., 1997).

Firms

Roles

  • Counsel1

Cases (1)