Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- McGill University (1999) BCL/LLB
- Tufts University (1995) BA
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Jordana Sanft (she/her)
is a partner at Lenczner Slaght.
Jordana practices in all areas of intellectual property law, and is particularly well known for her experience in patent and trademark disputes. She is recognized for treating clients as partners, providing practical and strategic advice and obtaining successful results in and out of the courtroom.
Jordana has particular expertise in the pharmaceutical and life sciences industry. She also works with clients in the technology, biotechnology, consumer goods, energy, food and beverage, hospitality, and horticulture industries. She regularly acts in proceedings under the Patented Medicines (Notice of Compliance) Regulations, patent impeachment and infringement actions, judicial review proceedings, and damages actions.
As part of her approach in leading Canadian IP litigation, Jordana works with clients to maximize success on a local and global level. Jordana has an interest in legal issues at the intersection of IP and artificial intelligence. She regularly works with clients concerning the protection and optimization of their intellectual property portfolios and enforcement of their intellectual property rights.
Jordana has appeared as counsel in matters before the Federal Court of Appeal, the Federal Court, the Ontario Superior Court of Justice, and specialized tribunals such as the Trademarks Opposition Board. Jordana is a registered patent and trademark agent.
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Akebia Therapeutics, Inc v Fibrogen Inc
Counsel to FibroGen Inc. and AstraZeneca AB in an impeachment action in the Federal Court in respect of Canadian Patent Nos. 2,468,083, 2,467,689, and 2,526,496. (Prior to joining Lenczner Slaght.)
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Alberta Innovates Technology Futures v Connacher Oil and Gas Limited
Counsel to Connacher Oil and Gas Limited in a patent infringement action commenced by Alberta Innovates-Technology Futures in regard to Canadian Patents 2 323 029 and 2 391 721. (Prior to joining Lenczner Slaght.)
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Fortress Real Developments Inc.
Counsel to Fortress Real Developments Inc. in an appeal from a decision of the Registrar in respect of FORTRESS REAL CAPITAL & CASTLE DESIGN (see T-317-16) and in various trademark prosecution matters. (Prior to joining Lenczner Slaght.)
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Counsel to Steven Page (formerly of the Barenaked Ladies) in an action in the Ontario Superior Court in regard to a copyright authorship action commenced by Ed Robertson pertaining to the hit theme song from The Big Bang Theory. (Prior to joining Lenczner Slaght.)
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Counsel to Premier Tech in regard to trademark portfolio strategy, pre-litigation advice and enforcement, opposition proceedings and other trademark prosecution matters, and trademark litigation. (Prior to joining Lenczner Slaght.)
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Merck Canada Inc. v The Minister of Health
Counsel to Merck Canada Inc. in a judicial review proceeding in the Federal Court in regards to patent listing for KEYTRUDA. (Prior to joining Lenczner Slaght.)
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Natco Pharma (Canada) Inc. v Canada (Health)
Counsel to Gilead Sciences Inc. in a judicial review proceeding in the Federal Court, which was the first ever challenge of data protection for anti-HIV combination drug therapies in respect of DESCOVY. Successfully upheld data protection. (Prior to joining Lenczner Slaght.)
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Genentech Inc. et al v Amgen Canada Inc.
Counsel to Hoffmann-La Roche Limited and Genentech, Inc. in various Federal Court actions under the new PMNOC Regulations in respect of trastuzumab (HERCEPTIN), which were the first actions under the new regime. (Prior to joining Lenczner Slaght.)
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Genentech Inc. et al v Celltrion Healthcare Co, Ltd.
Counsel to Hoffmann-La Roche Limited and Genentech, Inc. in various Federal Court actions under the new PMNOC Regulations in respect of trastuzumab (HERCEPTIN), which were the first actions under the new regime. (Prior to joining Lenczner Slaght.)
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Eli Lilly v Various Generic Companies
Counsel to Eli Lilly and Company in various Federal Court proceedings in respect of teriparatide (FORTEO). (Prior to joining Lenczner Slaght.)
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Intellectual Property Institute of Canada - Conference Committee Chair (2021-2023); Vice Chair (2019-2021); Women in IP Networking Group
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Canadian Bar Association - Intellectual Property Section; IP Court Practice Committee - Chair (2017-2020) and Member (2021)
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International Association for the Protection of Intellectual Property
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The Toronto Intellectual Property Group
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ChIPs - Non-profit organization advancing women in technology, law and policy
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The York School - Risk Committee of the Board of Directors; Member at Large (2017-present)
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Youth Rising Above - Board Member (2021-2022)
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The Suit Against Iron Man’s Suit is Not Iron Clad
Iron Man’s suit is at the centre of an intergalactic copyright infringement battle brought by Horizon Comics Productions Inc. (“Horizon”) against Marvel Entertainment, LLC et al. (“Marvel”). The alleged infringement is largely directed to Horizon’s Canadian created Radix comic book series (the “Works”) and Marvel’s Iron Man suit from the movie Iron Man 3.
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SCC Leave Denied in Alexion Pharmaceuticals Inc v Canada (Attorney General)
In our blog 2021 Year in Review & 2022 Trends to Watch for Pharmaceutical Patents, we identified Alexion Pharmaceuticals Inc v Canada (Attorney General) as an important case to watch in 2022 as leave to the Supreme Court was filed.
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Data-Protection Déjà Vu All Over Again
For the second time in less than a year, Justice St. Louis of the Federal Court has set aside the issuance of a Notice of Compliance (“NOC”) to an innovator drug company and remitted the matter to the Minister of Health (“Minister”) for what will be a third determination in Catalyst Pharmaceuticals, Inc v Médunik Canada (“Catalyst 2022”).
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Amendments to the Patented Medicines Regulations Lose Some Teeth
The proposed amendments to the Patented Medicines Regulations had the projected effect of lowering drug prices by billions of dollars over the next ten years. But by overreaching its jurisdiction, these amendments have lost some of its bite. The Quebec Court of Appeal determined several provisions to be ultra vires.
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Mirror Mirror on the Wall, Whose IP Will Win It All?
An intellectual property battle among major athletic brands is brewing in the United States. Lululemon is suing Peloton. Peloton is suing Lululemon. And Nike is suing Lululemon.
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AI and IP: Who or What Can Be an Author or Inventor in Canada?
There have been two recent and notable developments with respect to artificial intelligence (“AI”) and intellectual property (“IP”) rights in Canada. A preliminary legal question at the intersection of AI and IP is whether AI can be granted authorship in the case of copyright or inventorship in the case of patents for something that it generated. Jurisdictions around the world are facing the same issues. This blog post discusses Canada’s first foray into this new frontier.
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The Federal Court Clarifies the Burden of Proof in Summary Trial
In 2022, the use of summary proceedings in patent matters continues at the Federal Court. In Janssen Inc v Pharmascience Inc, the Court:
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2021 Year in Review & 2022 Trends to Watch: Pharmaceutical Patents
In 2021, the Canadian pharmaceutical and life sciences industries were once again at the forefront of innovation, developing and commercializing new vaccines, drugs, and medical devices. The media continued to shine a light on the advances made to protect the public from COVID-19, including regulatory approvals for new mRNA and adenovirus vector vaccines. In the pharmaceutical patent litigation arena in particular, we saw some new trends develop. There were important developments in proceedings relating to pharmaceutical patents, advances in cases and legislative developments relating to the Patented Medicine Prices Review Board (“PMPRB”) as well as judicial review applications and appeals in patent-related fields.
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The 2022 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
31 of our expert litigators are recognized by their peers as the foremost practitioners across 18 fields.
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Lenczner Slaght Ranked for the 20th Consecutive Year in Chambers Global
Canada’s leading litigation firm continues to be recognized for its dispute resolution expertise by world-renowned directory, Chambers Global, alongside notable full-service, national, and international firms.
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New IP Partner Joins Lenczner Slaght
Canada’s leading litigation firm is proud to welcome exceptional intellectual property litigator, Jordana Sanft, as a strong new addition to its formidable IP team.
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Intellectual Property Strategy for AI Technology in Canada
Jordana Sanft co-authored the article Intellectual Property Strategy for AI Technology in Canada, which was published in "Leading Legal Disruption: Artificial Intelligence and a Toolkit for Lawyers and the Law" by Thomson Reuters. (Prior to joining Lenczner Slaght)
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Maximizing the Expert Witness in Civil Litigation
Jordana Sanft shared her expertise at the OBA's Civil Litigation program titled "Maximizing the Expert Witness in Civil Litigation". She presented on the panel Strengthening Expert Evidence in Court - Compelling Chief/Cross Strategies. (Prior to joining Lenczner Slaght)
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Jordana Sanft shared her expertise at the University of Toronto's 8th Annual Patent Colloquium. Jordana spoke on the panel Recent Trends in Patent Infringement: Indirect Infringement. (Prior to joining Lenczner Slaght)
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Artificial Intelligence and Intellectual Property Considerations
Jordana Sanft co-authored the article Artificial Intelligence and Intellectual Property Considerations, which was published in the 2018 issue of Financier Worldwide.
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Mastering Winning Discovery Techniques
Jordana Sanft presented at The Advocates' Society's "Mastering Winning Discovery Techniques" program. Jordana shared her expert insights on Conducting a Discovery and Implications for Trial. (Prior to joining Lenczner Slaght)
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The Law of Utility in Canada - Where Are We Now and Where Are We Going
Jordana Sanft led a discussion on The Law of Utility in Canada - Where Are We Now and Where Are We Going at the Intellectual Property Institute of Canada's 2017 Annual General Meeting. (Prior to joining Lenczner Slaght)
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Jordana Sanft was invited to speak at the Canadian Bar Association's 2017 IP Day on The Dos and Don'ts of Appeals. (Prior to joining Lenczner Slaght)
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Chambers Global (2020-2022)
Intellectual Property – Litigation (Canada)
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Chambers Canada (2020-2022)
Intellectual Property: Litigation (Nationwide – Canada), Life Sciences: IP/Patent Litigation (Nationwide – Canada)
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Canadian Legal Lexpert® Directory (2018-2022)
Intellectual Property (Consistently Recommended), Litigation - Intellectual Property (Consistently Recommended), Life Sciences & Health (Repeatedly Recommended)
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Lexpert Special Edition: Canada's Leading Technology Lawyers (2021)
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Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021)
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Best Lawyers in Canada (2015-2022)
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IAM Patent 1000 (2019-2020)
Patent Litigation: Recommended Individual (Silver)
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LMG Life Sciences (2016)
Canadian IP Contentious Impact Case of the Year (Gilead Sciences Inc v Idenix Pharmaceuticals Inc)
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LMG Life Sciences (2021)
Canadian Patent Impact Case of the Year (Natco Pharma v Minister of Health and Gilead Sciences)
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Managing Intellectual Property: IP STARS (2015-2021)
Patent Star – Canada, Trademark Star – Canada, Top 250 Women in IP
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