More specifically, Deathrattle Viper on MM1 page 240 makes a secondary attack vs Fortitude.
From my point of view this secondary attack should not be affected by Marked condition, since it's a poisonous effect that Bite applies to the victim's wound, even if it's stated "the deathrattle viper makes a secondary attack against the same target". It seems the only reason an attack roll takes place is to decide if the target's immune system resists the poison or not.
Am I mistaken?