Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- University of Toronto Faculty of Law (2004) JD (Dean's Honours List and Awarded Dean's Key)
- University of Sheffield, School of Law (2001) Master of Arts in Biotechnological Law and Ethics with Distinction; Special Commendation for Outstanding Performance
- Queen's University (2000) Bachelors of Science in Biochemistry (First Class Degree; Arts and Science Honour Roll)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Sana Halwani (she/her)
is a partner at Lenczner Slaght.
"A tenacious litigator. Highly respected by the judiciary, she lets her legal, technical and advocacy skills speak for themselves." — IAM Patent 1000
Sana leads the firm's Intellectual Property group. In patent matters, she has experience with numerous industries, including pharmaceutical and biologics, information technology (including software), telecommunications, gaming, oil and gas, and heavy industrial. In copyright, trademark, and trade secret matters, Sana has represented diverse clients including software companies, innovator and generic drug companies, furniture manufacturers, fashion designers, and media companies.
Sana has represented clients at all levels of the Ontario and Federal courts, including the Supreme Court of Canada, and regularly provides strategic patent and regulatory advice.
She has also acted pro hac vice in patent actions in the United States, and has extensive experience as part of international teams litigating large cross-border disputes.
Sana is frequently invited to speak on topics in intellectual property, advocacy and diversity in the profession. Sana holds numerous volunteer leadership positions including Director and Secretary of the Writer’s Trust of Canada, President-Elect of the University of Toronto Alumni Association, and Director of the Intellectual Property Institute of Canada (IPIC). Sana is also Chair of IPIC's Litigation Committee, and co-Chair of IPIC's Women in IP Networking Group. Sana is also fluent in French.
Prior to entering private practice, Sana clerked for Justice Rosalie Abella of the Supreme Court of Canada. Sana is a registered US and Canadian patent agent, as well as a Canadian trademark agent.
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Counsel to Rovi Guides (a subsidiary of Xperi Holding Corporation) in a patent infringement action involving four patents related to digital entertainment technologies.
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Rovi Guides v BCE Inc, Ericsson et al
Counsel to Rovi Guides (a subsidiary of Xperi Holding Corporation) in a patent infringement action involving four patents related to digital entertainment technologies.
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Counsel to a FinTech company in potential patent infringement litigation.
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Counsel to a supplier of information technology products in threatened patent litigation.
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Counsel to a global biologics company providing pre-litigation strategic patent advice.
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Teva Canada v Mylan Pharmaceuticals
Action pursuant to the PM(NOC) Regulations relating to COPAXONE (glatiramer acetate injection), an immunomodulator medication used to treat multiple sclerosis.
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Counsel to Voith providing advice on patent matters relating to paper mill technology.
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Merck Sharp & Dohme Corp et al v JAMP Pharma Corporation
Counsel to JAMP in NOC action relating to JANUVIA (sitagliptin), a medication used to control high blood sugar in people with type 2 diabetes.
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Allergan Inc v JAMP Pharma Corporation
Counsel to JAMP in NOC action relating to FIBRISTAL (ulipristal), a medication used to treat moderate-to-severe signs and symptoms of uterine fibroids in adult women.
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York University v Access Copyright
Counsel to the interveners Authors Alliance and Ariel Katz in an appeal to the Supreme Court of Canada addressing the issue of fair dealing and the question of whether tariffs set by the Copyright Board are mandatory.
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Intellectual Property Institute of Canada - Fellow; Intervention Committee; Co-Chair of the Women in IP Networking Group (WING); Forums and Seminars Committee; Conference Committee; Member of the IPIC Council (2019-2021); Chair of the Litigation Committee (2018-2021)
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University of Toronto Alumni Association - Board of Directors – President Elect and Secretary (2016-present)
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Governing Council, University of Toronto - College of Electors (2015-2019)
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University of Toronto - Academic Tribunal (student discipline matters), Co-Chair (2013-present)
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University of Toronto Faculty of Law - Adjunct Professor, Trial Advocacy (2010-present)
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Advisory Committee on Prothonotary Appointments - Bar Representative (September 2017-present)
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Federal Court IP Users Committee - Member (2018-present)
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Harold G. Fox Moot in Intellectual Property - Judge (factums and oral argument)(2011-present)
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Chiefs in Intellectual Property - Toronto Chapter
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Writers' Trust of Canada - Board of Directors, Secretary (2020-present)
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University of Toronto - Law Alumni Association (2010-2018)
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Rouge Valley Health System - Research Ethics Board (2014-2017)
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The Advocates' Society
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Canadian Bar Association - Ontario
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Ontario Bar Association
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American Bar Association - Intellectual Property Law Section
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In the last case heard before her retirement from the Supreme Court of Canada, and writing for a unanimous Court, Justice Rosalie Abella affirmed the Federal Court of Appeal’s ruling that tariffs set by the Copyright Board are not mandatory (York University v Access Copyright). Justice Abella also rejected the FCA’s narrow approach to fair dealing and reiterated the nature of fair dealing as a user’s right, to be approached in the educational context from a student’s perspective and not exclusively from the institutional perspective.
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The SCC Leave Project: Predictions for June 24, 2021
Here’s a look at the leave application decisions that the Supreme Court of Canada will be releasing on June 24, 2021.
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Copyright holders in Canada have scored a major victory in the fight against online piracy. The Federal Court of Appeal (“FCA”) in Teksavvy Solutions Inc v Bell Media Inc recently affirmed that site blocking injunctions may be ordered against Internet Service Providers (or ISPs), even as third parties to a copyright infringement action.
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The Federal Court of Appeal has historically held that summary judgment is usually not the preferred means of resolving patent infringement actions. These cases are inherently complex and technical, and usually involve expert evidence. In the Federal Court of Appeal’s view, a trial judge who has had the opportunity to hear all of the evidence live is best suited to resolve these disputes (see Suntec Environmental Inc v Trojan Technologies Inc).
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The Other Shoe Has Dropped: Summary Judgment in the Federal Court
Patent infringement actions are inherently complex and technical. They often involve complex scientific inquiries and expert evidence. The Federal Court has historically held that summary judgment—which does not include live evidence—is generally not the preferred means of resolving patent infringement actions. Instead, such determinations are best left to a trial judge who has had the opportunity to hear all of the evidence live (e.g., Suntec Environmental Inc v Trojan Technologies Inc).
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The Federal Court of Appeal Clarifies the “Obvious to Try” Test
The Federal Court of Appeal (“FCA”) has clarified the extent of flexibility afforded when undertaking the “Obvious to Try” test in Amgen v Pfizer, 2020 FCA 188. Although it ultimately cautioned against a segmented approach, the FCA did not dismiss the possibility that experimental steps could be assessed individually in order to make conclusions about an experiment as a whole, particularly with respect to the Self-Evident and Extent of Effort factors of the test. Despite agreeing that the Federal Court (“FC”) could have been more expansive and all-embracing in its overall conclusion, the FCA did not deem the FC’s lack of analysis to have amounted to a palpable and overriding error.
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Update to the Federal Court Case and Trial Management Guidelines
Last week, the Federal Court published a consolidated practice notice, updating and consolidating four other case and trial management guidelines for complex proceedings and proceedings under the PM(NOC) Regulations from 2015, 2016, and 2017 (available here, here, here, and here).
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Trial Advocacy is (Mostly) the Same Online: Lessons Learned from a Virtual Patent Trial
The COVID-19 pandemic has required courts to adapt to new ways of providing access to justice. We have first-hand experience with this new reality.
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The Times They Are a-Changin’: Summary Judgment in the Federal Court
Patent infringement actions are inherently complex and technical. They often involve complex scientific inquiries and expert evidence. The Federal Court has historically held that summary judgment—which does not include live evidence—is generally not the preferred means of resolving patent infringement actions. Instead, such determinations are best left to a trial judge who has had the opportunity to hear all of the evidence live (e.g. Suntec Environmental Inc v Trojan Technologies Inc).
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Court of Appeal Affirms Jurisdiction to Hear Appeals in Writing
The old saying that "to a hammer, every problem looks like a nail" is disquietingly relevant to traditional approaches to the dispensation of justice. For a long time, commentators have observed that the legal profession and the Courts lag behind much of the rest of society in leveraging digital resources to improve the quality, speed, and efficiency of litigation.
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Lenczner Slaght’s 21st Year at the Centre of the Lexpert Bull’s Eye
Lenczner Slaght continues to be recognized as the #1 firm in Toronto for Litigation and Commercial Litigation by the 2022 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.
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Lexpert Recognizes Lenczner Slaght’s Litigation Expertise
Following an in-depth peer review process, the 2021 Lexpert Special Edition: Canada's Leading Litigation Lawyers guide recognizes 19 Lenczner Slaght lawyers for their extensive courtroom experience and subject-matter expertise.
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Legal 500 Highlights Lenczner Slaght’s Litigation Dominance
Legal 500 recognizes Canada’s leading litigation firm as “a regular fixture in the country’s ground-breaking contentious cases”.
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Lenczner Slaght expands ReferToHer to include more female lawyers with aim to improve diversity
Sana Halwani spoke to Law Times about ReferToHer’s decision to expand its criteria to include senior associates in the hopes that it will help alleviate some of the barriers they are facing to becoming a partner.
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Chambers Canada Recognizes Lenczner Slaght’s Litigation Excellence
Canada’s leading litigation firm and its expert litigators continue to advance their position in the latest edition of world-renowned directory, Chambers & Partners.
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Lenczner Slaght Litigators Ranked Among Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 37 of our expert litigators are recognized for their expertise across 25 practice areas.
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Lenczner Slaght’s IP Expertise Recognized Worldwide
Canada’s leading litigation firm continues to be recognized for its exceptional Intellectual Property expertise.
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Lexpert Recognizes Lenczner Slaght’s Leading Health Sciences Expertise
The inaugural issue of Lexpert’s Special Edition on Canada's Leading Health Sciences Lawyers recognizes 11 Lenczner Slaght lawyers for their extensive industry experience. The rankings are also published in the June issue of the Globe & Mail’s Report on Business.
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Sana Halwani Recognized as a Leading Practitioner in IP
Sana Halwani continues to be recognized for her expertise in Managing Intellectual Property’s 2021 IP STARS handbook, a leading guide to the world’s foremost IP firms and practitioners.
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Benchmark Canada Recognizes Lenczner Slaght as a “Powerhouse"
Canada’s leading litigation firm continues to be recognized with the top tier ranking of “Highly Recommended in Ontario” for its Dispute Resolution practice.
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26th Intellectual Property Law: The Year in Review
Sana Halwani was invited to share her expertise at the Law Society of Ontario's 26th Intellectual Property Law: The Year in Review. Sana will provide a year in review on patent law.
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Our expert IP litigators, Sana Halwani and Andrew Moeser, were invited to speak at IPIC's Annual Conference.
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Preparation Series: Opening Statement and Closing Argument
Sana Halwani will share her expertise on the panel Practical Tips for Preparing a Memorable Closing.
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Virtual Trials and Tribulations - Mastering the Art of Electronic Hearings
Sana Halwani was invited to speak at the Toronto Chapter's Women in eDiscovery event on Virtual Trials and Tribulations - Mastering the Art of Electronic Hearings. Sana will share her best tips and tricks about e-hearings and discuss what the future might hold with the potential reopening of the courts.
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A Litigator’s Guide to Electronic/Virtual Practice
Sana Halwani shared her expertise at the LSO's program titled A Litigator’s Guide to Electronic/Virtual Practice. Sana shared her tips on managing an electronic and tech-friendly practice and conducting effective advocacy through virtual means.
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Advocacy and Diversity in the Legal Industry
Sana Halwani was invited to speak at the Brattle Women’s Network program on Advocacy and Diversity in the Legal Industry. Sana spoke about advocacy, EDI in the legal profession, and the importance of our #ReferToHer initiative.
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Sana Halwani was invited to present on the CBA's Skilled Lawyer Series. Sana shared her expertise on the program Conducting Virtual Examinations for Discovery, Cross Examinations and Regulatory Examinations: Need to Know Strategies for Changing Times.
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Ontario Digital Evidence & eDiscovery Institute
Sana Halwani presented at the OBA's Civil Litigation program Ontario Digital Evidence & eDiscovery Institute. Sana shared her best practices on preparing for and running remote hearings as well as practice tips for effective virtual advocacy.
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Sana Halwani shared her expertise at the University of Toronto's 9th Annual Patent Colloquium. Sana spoke on the panel Patent Litigation by Zoom, Pros and Cons.
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15th Annual National Forum Administrative Law and Practice
Sana Halwani presented at OsgoodePD's 15th Annual National Forum Administrative Law and Practice. Sana shared her expertise on the ethical considerations and professional challenges that emerge from adapting conventional in-person court processes to a video-conferenced environment.
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Chambers Global (2019-2021)
Intellectual Property: Litigation (Canada)
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Chambers Canada (2019-2022)
Intellectual Property: Litigation (Nationwide – Canada)
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Lexpert Rising Stars (2018)
Leading Lawyers Under 40
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2018-2021)
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Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (2020-2021)
Intellectual Property; Intellectual Property Litigation
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Canadian Legal Lexpert® Directory (2018-2021)
Biotechnology (Repeatedly Recommended), Intellectual Property (Most Frequently Recommended), Litigation - Intellectual Property (Most Frequently Recommended), Litigation - Corporate Commercial (Repeatedly Recommended)
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Lexpert Special Edition: Canada's Leading Technology Lawyers (2020-2021)
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Who's Who Legal: Canada (2018-2021)
IP – Patents (Global Leader), Life Sciences – Patent Litigation (Global Leader), Patents (National Leader), Life Sciences (National Leader)
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IAM Patent 1000 (2016-2021)
Patent Litigation: Recommended Individual (Silver)
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The Legal 500 Canada (2018-2022)
Intellectual Property (Leading Lawyer)
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