Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- McGill University (1999) BCL/LLB
- Tufts University (1995) BA
Details
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- 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 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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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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7912854 Canada Inc v Sunprotection Group Inc et al
Counsel to leading window coverings designer and manufacturer, Altex, in a trademark infringement, passing off, false advertising, trade libel and unfair competition action in the Federal Court of Canada.
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7912854 Canada Inc v Sunprotection Group Inc et al
Counsel to leading window coverings designer and manufacturer, Altex, in a commercial action related to intentional interference with contractual relations, and misappropriation of confidential and proprietary information.
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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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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 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 Nos. 2,845,553 and 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 Nos. 2,845,553 and 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 Nos. 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 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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Intellectual Property Institute of Canada - Director (2022-2023); 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 - Member (2022-2024); 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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Insights on the Independence of Expert Evidence
In the recently released decision dTechs EPM Ltd v British Columbia Hydro and Power Authority and Awesense Wireless Inc, the Federal Court of Appeal (“FCA”) weighed in on the role and independence of experts in patent cases. In particular, the FCA provided guidance on (1) the role counsel may play in preparing expert reports; (2) an expert’s role in claim construction; and (3) the difference in the role of an expert where anticipation is alleged based on prior use versus prior publication.
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Clarity on the Test for Inducing Infringement in Canadian Patent Law
Indirect infringement or “inducement” often arises in pharmaceutical patent infringement cases where a defendant generic manufacturer may not ultimately “use” the drug in question (i.e., directly infringe). Since 2011, the Federal Court of Appeal’s (“FCA”) Corlac Inc v Weatherford Canada Inc decision has frequently been cited as the leading authority for the tripartate test for inducement. In 2020, the Federal Court suggested that Corlac had changed the law of inducement—particularly at the second step determining influence—thereby requiring “a higher threshold for establishing inducement than was applied in the earlier cases”. In the recent decision of Teva Canada Limited v Janssen Inc (“Paliperidone”), the FCA has rejected that interpretation of Corlac. The FCA held that Corlac incorporates the same principles of inducing infringement as had been established in cases dating back to 1906. In doing so, it overturned the lower Court’s inducement determination based on a supposed higher standard and found that the defendant was liable for inducement when the Corlac test was properly applied.
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The use of generative artificial intelligence (AI) is on the rise and is receiving significant attention across disciplines and industries. The impact of generative AI spans various fields such as healthcare, gaming, education, marketing, visual arts, literature, music, banking and fashion, to name few. In the context of intellectual property law, where the focus is on innovation and creativity, generative AI raises countless complex questions. This blog post focuses on ChatGPT and copyright.
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To Consolidate or Not to Consolidate – This is the Federal Court’s Question
In a recent decision, Takeda Canada Inc v Apotex Inc, the Federal Court dismissed the Plaintiff, Takeda’s, motion for consolidation of two actions against Apotex relating to Takeda’s dexlansoprazole (DEXILANT) under section 6 of the Patented Medicines (Notice of Compliance) Regulations (the “PM(NOC) Regulations”).
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Better Together – or Maybe Not
Some things just go better together and probably always will, as Luke Combs sings in ‘Better Together’. Like a cup of coffee and a sunrise; Sunday drives and time to kill. Multiple section 8 actions however have not made the cut. According to the recent decision of Justice Southcott in Apotex Inc v Janssen Inc, multiple actions for section 8 damages should not have common issues heard together.
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FCA Taps the Brakes on Summary Judgment in Patent Cases
Over the last several years there has been a trend towards increased adoption of summary proceedings for resolving patent cases in Canada. In particular, we have previously commented on decisions of the Federal Court (e.g., Kobold partial SJ motion) and Federal Court of Appeal (e.g., Canmar Appeal) that signalled a willingness to move away from the historic reluctance of those courts to approve summary judgment for patent infringement actions. We had also noted that summary proceedings were a trend to watch this year.
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A Complete Code: Ontario Court of Appeal Denies Remedies Exist Outside the PMNOC Regime
The Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations ) is a complete code. In Apotex Inc v Eli Lilly Canada Inc, the Ontario Court of Appeal weighs in on the drawn-out battle between patent owners and generics on whether monetary relief is available outside the parameters of the PMNOC regime. It is not.
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Public Disclosure vs. Confidentiality Protection: The FCA Finds the Proper Balance
In FibroGen, Inc v Akebia Therapeutics, Inc, the Federal Court of Appeal set aside an order requiring a party to make certain fact witness statements from a discontinued action public, restoring the proper balance and safeguarding the confidentiality of documents that had been designated as confidential or highly confidential information.
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Summary adjudication can be enticing. In the right circumstances, it saves the parties time and money. Unsurprisingly, there is a growing trend in Canadian intellectual property litigation to use summary adjudication that we have been actively monitoring (see, e.g., our comments here, here, here, here, here and here).
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Bill C-27 and the Proposed Artificial Intelligence and Data Act: Oversight of AI in Canada is Coming
On June 16, 2022, Canada’s Minister of Innovation, Science and Industry introduced Bill C-27, titled “An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts” (short title, the Digital Charter Implementation Act, 2022), in the House of Commons.
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CBC Day 6 Segment: Generative AI
Jordana Sanft shared her expertise on CBC's Day 6 segment on generative AI, in particular AI-generated vocals of popular artists, in the context of copyright law.
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International Women's Day Spotlight: Jordana Sanft
Jordana Sanft was featured in the Intellectual Property Institute of Canada's 2023 International Women's Day spotlight series! Jordana shares how we can all #EmbraceEquity, her advice for aspiring women in IP, and what she believes will be the biggest challenge for the next generation of women leaders in IP.
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Lenczner Slaght’s Litigation Excellence Recognized in 2023 Lexpert Directory
Following comprehensive peer review surveys and interviews with senior members in the legal profession, the 2023 Canadian Legal Lexpert Directory has recognized 31 of the firm’s expert litigators for their experience, knowledge, and precision, with 108 rankings spanning 17 practice areas.
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Chambers Global Recognizes Lenczner Slaght for the 21st Consecutive Year
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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Lenczner Slaght Recognized Among Canada’s Leading Litigation Lawyers
Following an in-depth peer review process, the 2022 Lexpert Special Edition: Canada's Leading Litigation Lawyers guide recognizes 15 Lenczner Slaght lawyers for their extensive courtroom experience and subject-matter expertise. We know courts, and courts know and trust us. That is why clients turn to us to solve their most complex legal problems.
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Lenczner Slaght Stands Out as a “Litigation Powerhouse” in Legal 500 Canada
Canada’s leading litigation firm is once again ranked in Tier 1 for Dispute Resolution by Legal 500 Canada.
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Lenczner Slaght Ranked Band 1 in Chambers Canada for 5th Consecutive Year
Canada’s leading litigation firm and its expert litigators continue to be recognized in the latest edition of world-renowned directory, Chambers & Partners.
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Lenczner Slaght Litigators Recognized Among the Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 39 of our expert litigators are recognized by their peers for their expertise across 24 practice areas.
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Lenczner Slaght’s Expert IP Team Receives Worldwide Recognition
Canada’s leading litigation firm continues to be recognized for its exceptional Intellectual Property expertise by IAM Patent 1000.
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Sana Halwani & Jordana Sanft Recognized as Leading Practitioners in IP
Managing Intellectual Property’s 2022 IP STARS handbook, a leading guide to the world’s foremost IP firms and practitioners, has once again recognized Sana Halwani and Jordana Sanft for their patent and trademark expertise.
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Jordana Sanft was invited to speak at IPIC's Year-in-Review in IP Law 2023. Jordana presented a year-in-review on patent law and the significant decisions released over the last year.
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27th Intellectual Property Law: The Year in Review
Jordana Sanft was invited to share her expertise at the Law Society of Ontario's flagship program titled "27th Intellectual Property Law: The Year in Review".
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Jordana Sanft was invited to share her expertise at the University of Toronto's 11th Annual Patent Colloquium. Jordana spoke on the panel "AI’s Impact on Patent Law – Can AI Be the Inventor?".
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Jordana Sanft was Chair of the IPIC2022 Conference in Whistler. Following her opening remarks to kick-off the conference, she led a conversation with the conference's keynote speaker, Manjit Minhas (CEO, Minhas Breweries, Distilleries and Wineries (Calgary) and Dragon, Dragon’s Den).
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Summer Courses in Intellectual Property
Jordana Sanft shared her expertise at the Intellectual Property Institute of Canada and McGill University Summer IP Course. Jordana presented on Patent Enforcement: Infringement and Mock Trial: Expert Reports and Cross-Examination of a Witness.
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The 15th Annual Harold G. Fox IP Moot
We were proud to continue our sponsorship of the annual Fox IP Moot! Jordana Sanft and Sana Halwani volunteered their time as judges to the competition.
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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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Chambers Global (2020-2023)
Intellectual Property – Litigation (Canada)
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Chambers Canada (2020-2023)
Intellectual Property: Litigation (Nationwide – Canada), Life Sciences: IP/Patent Litigation (Nationwide – Canada) (2022)
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Canadian Legal Lexpert® Directory (2018-2023)
Intellectual Property (Consistently Recommended), Litigation - Intellectual Property (Consistently Recommended), Life Sciences & Health (Consistently 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 (2015-2023)
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IAM Patent 1000 (2019-2020)
Patent Litigation: Recommended Individual (Silver)
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IAM Patent 1000 (2022)
Patent Litigation: Recommended Individual (Silver)
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2022)
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Lexpert Special Edition: Canada's Leading Technology & Health Sciences Lawyers (2022)
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