Jakob B. Halpern


Florham Park

T 973-622-8394
E jhalpern@saiber.com

Jakob B. Halpern represents clients in corporate, commercial, complex and multi-party litigation with an emphasis on intellectual property, employment, competition law, and professional malpractice matters, predominantly before the federal courts. He also counsels clients regarding intellectual property rights and employment issues.

Jake's clients range from well-known consumer brands and pharmaceutical companies to local businesses and individuals, and he has represented and counseled clients in diversified industries including pharmaceutical and healthcare, medical and chemical products, communications, insurance, distributorships, gaming, supermarkets and retailers, consumer electronic products, clothing and footwear, automotive, real estate, and other service and product industries.

Prior to joining Saiber, Jake clerked for the Hon. William Matthew Byrne, Jr., on the United States District Court for the Central District of California, following a year as a litigation associate at a prominent D.C. law firm.  He has also served as producer on a successful cable television news program.

Listed in:

  • Best Lawyers® - Copyright Law - 2021, 2024
  • New Jersey Super Lawyers® - 2017-2024
  • New Jersey Super Lawyers® - Rising Stars 2009-2013 
Jakob B. Halpern
Rated by Super Lawyers

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Selection methodology for awards and honors can be found here.

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Borough of Longport v. Netflix, Inc., 2024 U.S. App. LEXIS 4764 (3d Cir. Feb. 29, 2024) (publication pending) (affirming dismissal of class action complaint due to lack of private right of action regarding recovery of franchise fees)

Verify Smart Corp. v. Bank of Am. NA, 2022 U.S. App. LEXIS 24534 (3d Cir. Aug. 31, 2022) (affirming dismissal for failure to plead agency relationship and specifically control of client’s actions)

Universal Prop. Servs. v. Lehigh Gas Wholesale Servs., 2022 U.S. Dist. LEXIS 139671 (D.N.J. Aug. 5, 2022) (granting in large part dismissal of breach of contract and PMPA claims)

Borough of Longport v. Netflix, Inc., 2022 U.S. Dist. LEXIS 91899 (D.N.J. May 20, 2022) (dismissing class action complaint due to lack of private right of action regarding recovery of franchise fees)

Bausch Health lr. Ltd. v. Mylan Labs. Ltd., 2022 U.S. Dist. LEXIS 40536 (D.N.J. Mar. 8, 2022) (dismissing action for improper venue and transferring to D. W. Va.)

Brightman v. Corizon, Inc., 2021 N.Y. Misc. LEXIS 4230 (N.Y. County, Sup. Ct. July 29, 2021) (granting motion to compel and for sanctions due to improper deposition conduct)

Universal Prop. Servs. v. Lehigh Gas Wholesale Servs., 2021 U.S. Dist. LEXIS 83058 (D.N.J. Apr. 30, 2021) (granting in large part motion to dismiss a number of claims under and related to the Petroleum Marketing Practicing Act)

DIRECTV, LLC v. Wright, 2020 U.S. Dist. LEXIS 9830 (W.D.N.Y. Jan. 21, 2020) (granting motion for attorneys’ fees)

Verify Smart Corp. v. Bank of Am., N.A., 2019 U.S. Dist. LEXIS 64070 (D.N.J. Apr. 15, 2019) (granting motion to dismiss tortious interference, fraud, deceptive business practices and RICO claims)

Forrester v. Corizon Health, Inc., 278 F. Supp. 3d 618 (E.D.N.Y. Sept. 30, 2017), aff’d, 752 Fed. Appx. 64 (2d Cir. 2018) (granting and then affirming District Court opinion applying collateral estoppel to grant summary judgment on New York City Human Rights Law claims)

Singa v. Corizon Health, Inc., 2018 U.S. Dist. LEXIS 3326 (E.D.N.Y. Jan. 8, 2018) (granting motion to dismiss employment discrimination complaint)

Argush v. LPL Financial LLC, 2014 WL 3844822 (D.N.J. 2014) (granting motion to dismiss majority of claims in employment dispute), 2017 WL 349378 (D.N.J. 2017) (granting motion to strike expert reports and severely limiting potential damages). aff’d, 759 Fed. Appx. 121 (3d Cir. 2018) (affirming District Court’s order granting three motions in limine concerning, inter alia, employer’s motivation for termination and striking of expert report on damages)

Forrester v. Prison Health Servs., 2015 WL 1469521 (E.D.N.Y. 2015), aff’d, 2015 WL 1469737 (E.D.N.Y. 2015), aff’d, 651 Fed. Appx. 27 (2d Cir. 2016) (granting and then affirming on appeal summary judgment for employer on Title VII, ADEA and FMLA claims).

Marjam Supply Co. v. Firestone Bldg. Prods. Co. LLC, 2014 WL 5798383 (D.N.J. 2014) (granting motion to dismiss Robinson-Patman Act antitrust claims).

Lugus IP, LLC v. Volvo Car Corp., 32 F. Supp. 3d 528 (D.N.J. 2014) (granting summary judgment of non-infringement of patent), 2015 WL 1399175 (D.N.J. 2015) (granting exceptional case motion and awarding attorney fees).

Am. Capital Acquisition Partners, LLC v. Fortigent LLC, 2014 WL 1210580 (D.N.J. 2014), aff’d, 595 Fed. Appx. 113 (3d Cir. 2014) (granting and affirming motion to dismiss tortious interference claims).

Assoc. of Am. Physicians & Surgeons, Inc. v. Am. Bd. of Med. Specialties, 2014 WL 1334260 (D.N.J. 2014) (granting motion to dismiss for improper venue and transferring matter).

Schering Corp. v. Apotex Inc., 2012 WL 2263292 (D.N.J. 2012) (bench opinion following trial finding no patent infringement by client).

Paolercio v. Allstate Ins. Co., 2011 WL 4628748 (E.D.N.Y. 2011) (granting Defendant’s summary judgment motion).

Schering Corp. v. Mylan Pharmaceuticals Inc., 2011 WL 3736503 (D.N.J. 2011) (denying most aspects of opponent’s Summary Judgment Motion).

Marchese v. Cablevision Systems Corp., 2011 WL 3022529 (D.N.J. 2011), 2011 WL 149917 (D.N.J. 2011), 2010 WL 3311842 (D.N.J. 2010) (granting successive Motions to Dismiss original, Amended and Second Amended antitrust Complaints).

In re Wertheimer, 205 N.J. 87 (2011) (dismissal of formal ethics complaint against N.J. Superior Court judge following trial).

Banxcorp v. Apax Partners, L.P., 2011 WL 1253892 (D.N.J. 2011) (granting defendants’ Motion to Dismiss antitrust Complaint).

Laney v. American Standards Cos., 2010 WL 3810637 (D.N.J. 2010) (denying plaintiff’s Motion for Class Certification and granting in part defendant’s Motion for Summary Judgment).

Gardner v. U.S. Foodservice, Inc., 2010 WL 1050168 (D.N.J. 2010) (granting in part Motion to Dismiss discrimination Complaint).

Wyeth v. Abbott Laboratories, 692 F.Supp.2d 453 (D.N.J. 2010) (on appeal, reversing Magistrate Judge and determining cocounsel should not be disqualified from matter).

Bracco Diagnostics, Inc. v. Amersham Health, Inc., 627 F. Supp. 2d 384 (D.N.J. 2009) (trial opinion awarding injunction and damages to plaintiff).

TransUSA Products, Inc. v. Howard Berger Co., Inc., 2008 WL 3154753 (D.N.J. 2008), 2008 WL 852324 (D.N.J. 2008) (granting successive Motions to Dismiss unfair competition Complaints).

Allstate Ins. Co. v. Woods, 2008 WL 961240 (D.N.J. 2008) (denying defendants’ Summary Judgment Motion and granting client’s Cross-Motion disclaiming coverage under policy exclusion).

Gunvalson v. PTC Therapeutics, Inc., 2008 WL 4003377 (D.N.J. 2008) (entering preliminary injunction against a biotechnology company to enforce its promises to provide an investigational drug to a terminally ill teenager).

International Trademark Association; Geographical Indications Committee

Association of the Federal Bar of New Jersey; Trustee

John J. Lifland American Inn of Court; Master

American Bar Association

Newark Regional Business Partnership

Temple B'nai Abraham, Livingston, NJ; General Counsel

Millburn Soccer Club; President

  • Counsel in numerous intellectual property litigations, including assisting as co-counsel to generic drug manufacturers in Hatch-Waxman pharmaceutical patent infringement and antitrust matters.

  • Tried a multi-million dollar suit alleging breach of employment contract to a successful jury verdict.

  • Negotiated several consent judgments for BMW and Rolls-Royce against infringers of their marks.

  • Successfully opposed certification in purported class action against leading toilet manufacturer.

  • Represented a leading leather goods manufacturer in an unfair competition dispute against an unauthorized distributor.

  • Defended a beverage distributor against charges of trademark infringement by an energy drink manufacturer.

  • Represented a manufacturer of medical contrast dyes in a false advertising trial against a leading competitor.

  • Successfully moved to dismiss an antitrust lawsuit against Pathmark Stores.

  • Represented Quest Diagnostics and its subsidiary in a lawsuit by the former CEO of the subsidiary for various contractual breaches.

  • Successfully moved to dismiss a breach of contract action by a former retailer for DIRECTV.

  • Secured a summary judgment concerning construction of intentional and criminals acts exclusions in a liability policy for a national insurer.

  • Represented estate executor in probate litigation instituted by trust beneficiary.

  • Served as trial counsel and successfully secured an “unprecedented” dismissal of a formal ethics complaint against a New Jersey Superior Court judge.