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] Sanft excels at unravelling the most convoluted life sciences questions and impresses with her keen eye for detail and practical problem-solving approach. " — IAM Patent 1000
Jordana co-leads the firm's Intellectual Property group, bringing over 20 years of experience in patent, trademark, and copyright disputes. She is known for developing strategic, creative, and client-focused solutions to achieve success and advance client objectives. Jordana treats her clients as partners, offering practical and strategic advice, and achieving successful results in and out of the courtroom.
Jordana regularly acts in patent impeachment and infringement actions, including proceedings under the Patented Medicines (Notice of Compliance) Regulations. Jordana has particular expertise in the pharmaceutical and life sciences industry having worked on some of the most complex cases in Canada. Jordana led the first litigation proceedings in a series of challenges under the amended PM(NOC) Regulations. Drawing on deep industry expertise, Jordana also represents clients in judicial review proceedings, regulatory matters, and damages actions. Her IP experience spans a wide range of industries including technology, biotechnology, consumer products, energy, packaged goods, hospitality, and agriculture.
As part of her approach in leading IP litigation matters, Jordana engages with clients to optimize success on a local and global level. She is regularly involved in multi-jurisdictional matters and works to overcome cross border challenges. Jordana also works closely with clients in the pre-litigation context, by providing advice and devising sophisticated early-litigation strategy. Jordana seeks to protect and enforce intellectual property rights.
Jordana has an interest in legal issues at the intersection of IP and artificial intelligence and is a frequent writer and speaker in this space. Jordana is very active in the legal and IP community including as an invited speaker, writer, committee member and Chair, Director, and mentor.
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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Gilead Sciences, Inc et al v Apotex Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent Nos. 2,845,553 and 2,990,210.
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Gilead Sciences, Inc et al v Apotex Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent No. 2,845,553.
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Gilead Sciences Inc, et al v JAMP Pharma Corporation
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent No. 2,845,553.
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Gilead Sciences, Inc et al v JAMP Pharma Corporation
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent No. 2,990,210.
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Gilead Sciences, Inc et al v Natco Pharma (Canada) Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent No. 2,845,553.
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Gilead Sciences, Inc et al v Natco Pharma (Canada) Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent Nos. 2,845,553 and 2,990,210.
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Gilead Sciences, Inc et al v Pharmascience Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent Nos. 2,845,553 and 2,990,210.
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Gilead Sciences, Inc et al v Pharmascience Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent No. 2,845,553.
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Janssen Inc v The Ministry of Health and Attorney General of Canada
Counsel to the applicant Janssen Inc. in two applications for judicial review to the Federal Court addressing the interpretation and vires requirements for listing patents on the Patent Register under the Patented Medicines (Notice of Compliance) Regulations.
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Janssen Inc v The Ministry of Health and Attorney General of Canada
Counsel to Janssen Inc. in appeal of judicial review application to the Federal Court of Appeal addressing the interpretation and vires requirements for listing patents on the Patent Register under the Patented Medicines (Notice of Compliance) Regulations
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Intellectual Property Institute of Canada - Director (2022-2024); Conference Committee Chair (2021-2023); Vice Chair (2019-2021); Women in IP Networking Group
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Canadian Bar Association - Intellectual Property Section; Federal Courts Bench and Bar Liaison Committee - Chair (2023-2025) and Member (2022-2023); IP Court Practice Committee - Chair (2017-2020) and Member (2021-present)
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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 (2017-2022)
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Youth Rising Above - Board Member (2021-2022)
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On the heels of Canada Day and with Canadian patriotism on the rise, many companies doing business in Canada are eager to promote their products as “Canadian”. Before wrapping a product in the Canadian flag, and to avoid common pitfalls, the legal and regulatory requirements for “Made in Canada” and “Canadian” claims should be considered.
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Coming Soon: Changes to Trademark Proceedings in Canada
On April 1, 2025, various amendments to the Trademarks Act and Trademarks Regulations will come into force. The overarching theme of the upcoming amendments is to increase efficiency and effectiveness in trademark proceedings before the Trademarks Opposition Board (TMOB) and the Federal Court.
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The U.S. Copyright Office released a comprehensive report titled "Copyright and Artificial Intelligence Part 2: Copyrightability" (“U.S. Copyrightability Report”) in January 2025, which delves into the complex issue of copyright protection for AI-generated material.
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Following on Health Canada’s plan to introduce new regulations aimed at addressing therapeutic product shortages as discussed previously in our Fall Regulatory Roundup, proposed amendments to the Food and Drug Regulations and Medical Device Regulations were published for public comment on December 28, 2024. The comment period closes on March 8, 2025.
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Making Your Patent List and Checking It Twice… but Don’t Delay in Submitting It!
Engaging Canada’s Patented Medicines (Notice of Compliance) Regulations (the “Regulations”) requires pharmaceutical patentees to first submit a list to Health Canada of patents to be included on the register – Canada’s equivalent to the Orange Book. Any delay in submitting that list after an eligible patent has been issued can have severe consequences on the scope of a patentee’s protections under the Regulations. The recent Federal Court decision in Serono v Canada (Health) is illustrative.
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Close Only Counts in Horseshoes: Federal Court of Appeal Reins in the PMPRB
The Federal Court of Appeal’s decision in Galderma Canada Inc v Canada (Attorney General) (“Galderma FCA”) arose from what seemed like a straightforward production order, but ended up providing clear guidance on the jurisdiction of Canada’s Patent Medicine Prices Review Board (PMPRB). The key takeaway: the PMPRB’s jurisdiction extends only to patented medicines, not all medicines.
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Reasonable Request for Samples Required
In the recent decision in Bayer Inc v Amgen Canada Inc, Case Management Judge Duchesne of the Federal Court dismissed a request for samples on the basis that Bayer failed to demonstrate that the proposed testing could lead to a result that would assist the trial judge in determining an issue in the proceeding.
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When we think about the broad direction of government policy, we generally think about the statutes introduced by the legislature. However, the reality is that much of the laws that impact us are subordinate legislation: regulations, rules, and policies that are enacted by Ministers, boards and agencies, or other government actors pursuant to rule-making power provided to them under legislation. For nearly a decade, challenges to subordinate legislation were extremely challenging. The Supreme Court of Canada’s 2013 decision in Katz Group Canada Inc v Ontario (Health and Long‑Term Care) set a high bar for challenging such subordinate legislation. The Court in that case held subordinate legislation “must be ‘irrelevant’, ‘extraneous’ or ‘completely unrelated’ to the statutory purpose to be found to be ultra vires on the basis of inconsistency with statutory purpose.”
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The recent decision in Munchkin Inc v Angelcare Canada Inc presents an example of circumstances in which foreign parent companies can be held liable for patent infringement in Canada.
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Fall Regulatory Round Up – The Shifting Shape of the Canadian Landscape
Fall Regulatory Round Up
Activity abounds on the regulatory landscape from modernization and transparency initiatives to consultations, collaborations, and even potential implementations. Our Fall Regulatory Round Up highlights significant developments for drug products and patents that are of interest to those in the life sciences and biotech spaces. We will be following these important regulatory initiatives as they continue to unfold and will provide updates of interest.
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Lenczner Slaght Litigators Named Among Leading Practitioners in IP
Lenczner Slaght has once again been recognized as a leading Canadian firm for patent litigation and trademark disputes in the 2025 edition of Managing Intellectual Property’s IP STARS Handbook. The guide also highlights three of the firm’s expert litigators as among the world’s foremost IP practitioners.
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IAM Patent 1000 Highlights Lenczner Slaght’s IP Expertise
Canada’s leading litigation firm continues to receive worldwide recognition for its exceptional Intellectual Property expertise.
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2025 Lexpert Directory Highlights Lenczner Slaght’s Excellence in Advocacy
Peers and senior members of the legal profession across the country continue to recognize the depth and breadth of Canada’s leading litigation firm in the latest 2025 Canadian Legal Lexpert Directory.
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Lenczner Slaght Recognized in Chambers Global 2025
Canada’s leading litigation firm and its expert litigators are recognized for the 23rd consecutive year in world-renowned directory, Chambers Global.
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Lenczner Slaght’s 24th Year at the Centre of the Lexpert Bull’s Eye
The 2025 edition of Lexpert's Leading 500 Cross-Border Lawyers: A Guide to Doing Business in Canada continues to recognize Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation.
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Lenczner Slaght Lawyers Recognized as Canada’s Leading Litigators
Following an in-depth peer review process across the legal profession, 21 Lenczner Slaght lawyers have been recognized in the 2024 Lexpert Special Edition: Canada’s Leading Litigation Lawyers guide for their extensive courtroom experience and subject-matter expertise.
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Lenczner Slaght Recognized as a Leading Litigation Firm in Legal 500 Canada
Canada’s leading litigation firm has reaffirmed its Tier 1 ranking in Dispute Resolution in Legal 500 Canada.
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Chambers Canada Recognizes Lenczner Slaght’s Deep Bench of Expert Litigators
Canada’s leading litigation firm continues to advance their position in the latest edition of the world-renowned directory.
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Lenczner Slaght Recognized for Patent Litigation Excellence by LMG Life Sciences
Lenczner Slaght is pleased to announce its continued recognition for patent litigation expertise in the latest edition of LMG Life Sciences, following an in-depth qualitative research process that included peer and client feedback.
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Lenczner Slaght Litigators Recognized as the Best Lawyers in Canada
In the 2025 edition of Best Lawyers in Canada, Lenczner Slaght is proud to receive 168 total rankings, with 45 of our expert litigators recognized for their expertise across 25 practice areas.
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Jordana Sanft was invited to moderate the session, Redefining Deference: Implications for IP Professionals, at the IPIC 2025 Conference. Jordana will lead a discussion on the recent judicial shifts reshaping standards of review for administrative decisions. The session will focus on the Supreme Court of Canada’s 2024 rulings in Auer and TransAlta, which favours a reasonableness standard for subordinate legislation.
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IP Litigation in the AI Era: Challenges and Strategies
Jordana Sanft was invited to share her expertise at the Intellectual Property Institute of Canada (IPIC)'s AI & IP Law Webinar Series. Jordana spoke on the panel, IP Litigation in the AI Era: Challenges and Strategies where she discussed how artificial intelligence (AI) is reshaping the landscape of intellectual property litigation. The session covered both the opportunities and potential risks associated with using AI in trial preparation and during trial, while also addressing principles, practice directions, and professional obligations relating to its use at trial.
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Jordana Sanft was invited to speak at a joint event hosted by the Intellectual Property Society of Osgoode and the Osgoode Women's Network, titled Women in IP Panel. Jordana shared her insights on building a successful career in intellectual property law, strategies for professional growth, and navigating the path to senior leadership roles.
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Patent Agent Training Course: Infringement & Validity
Jordana Sanft was invited to share her expertise at the Intellectual Property Institute of Canada’s Patent Agent Training Course: Infringement & Validity. Jordana served as a lead instructor on the Virtual Lectures and Workshops on "Section 1: Patent Infringement", which took place from February 5-7. The program covered core principles of patent infringement and included hands-on exercises to deepen students' understanding of these key concepts.
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2024 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2024 Snapshot, which highlights the most significant developments, decisions, and trends in litigation from the past year across 20 areas of expertise. Reflect on 2024 and look ahead to 2025 through the lens of our expert litigators.
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Intellectual Property Commercialization
Jordana Sanft was invited to speak as a guest lecturer at Osgoode Hall Law School on the topic of Intellectual Property Enforcement.
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Jordana Sanft was invited to moderate the session, Inside the IP Chambers – A Federal Court Fireside Chat, at the IPIC 2024 Conference. Jordana led a discussion on the current challenges and triumphs in case management, trial management, and discoveries. The panel also explored issues and trends impacting IP practitioners and judicial officers in the Federal Court.
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Is Sharing a Hyperlink Copyright Infringement?
Jordana Sanft was invited to present at the ALAI Canada program titled, Is Sharing a Hyperlink Copyright Infringement? In this session, Jordana provided her expert insights on the implications of the BC Court of Appeal’s decision in Linkletter v Proctorio. Additionally, she compared the Canadian context to the events in the European Union where hyperlinking had led to major decisions from the EU Court of Justice.
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2023 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2023 Snapshot, a look at the most significant developments, decisions, business takeaways, and trends in litigation from the last year, across 15 practice areas. Revisit 2023 and look ahead to 2024 through the lens of our expert litigators.
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Jordana Sanft was at the IPIC2023 Conference in Winnipeg. Jordana led a panel discussion on "What I Wish I Knew When I Was a Practitioner – Views from the Bench".
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Chambers Global (2020-2025)
Intellectual Property – Litigation (Canada)
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Chambers Canada (2020-2025)
Intellectual Property: Litigation (Nationwide – Canada), Life Sciences: IP/Patent Litigation (Nationwide – Canada) (2022)
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Canadian Legal Lexpert® Directory (2018-2025)
Intellectual Property (Most Frequently Recommended), Litigation - Intellectual Property (Consistently Recommended), Life Sciences & Health (Consistently Recommended)
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Lexpert Special Edition: Canada's Leading Technology Lawyers (2021-2025)
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Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021-2025)
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Best Lawyers in Canada (2015-2025)
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IAM Patent 1000 (2019-2020; 2022-2025)
Patent Litigation: Recommended Individual (Gold)
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Lexology Index: Canada (2018-2025)
IP – Patents (Global Leader), Life Sciences – Patent Litigation (Global Leader), Patents (National Leader), Patent Agents, Life Sciences (National Leader)
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Lexpert Guide to the Leading 500 Cross-Border Lawyers in Canada (2024-2025)
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2022-2024)
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