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
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's practice is primarily focused on intellectual property litigation. 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 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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Bayer Inc et al v JAMP Pharma Corporation
Counsel to JAMP in NOC action relating to XARELTO (rivaroxaban), a medication indicated for prophylaxis of deep vein thrombosis.
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Sunovion Pharmaceuticals Canada Inc et al v JAMP Pharma Corporation
Counsel to JAMP in NOC action relating to LATUDA (lurasidone), an anti-psychotic medication used to treat bipolar depression and schizophrenia.
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Rovi Guides and TiVo Solutions v Bell Canada
Counsel to TiVo Solutions and its subsidiary Rovi Guides in a patent infringement action, involving patents relating to interactive television program guides, DVR technology, and related technologies.
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Rovi Guides and TiVo Solutions v Telus Corporation
Counsel to TiVo Solutions and its subsidiary Rovi Guides in a patent infringement action, involving patents relating to interactive television program guides, DVR technology, and related technologies.
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Intellectual Property Institute of Canada - Member of the IPIC Council; Fellow; Chair of the Litigation Committee; Co-Chair of the Women in IP Networking Group (WING); Forums and Seminars Committee; Life Sciences Committee
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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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American Bar Association - Intellectual Property Law Section
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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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The Federal Court of Appeal Takes No Prisoners
On October 15, 2020, both parties were granted leave to appeal to the Supreme Court of Canada. We will continue to follow the developments of the appeal.
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Full Steam Ahead: Opposition Won’t Derail a Patent Infringement Summary Trial
In 2014, the Supreme Court of Canada recognized that the most painstaking procedure is not always the best procedure to resolve disputes – a culture shift was required to create timely and affordable access to the civil justice system (see Hryniak). This touchstone for access to justice is reflected in several courts’ rules of procedure, including the Federal Court of Canada.
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Do courts have jurisdiction to order virtual hearings? Absolutely!
The initial reaction of most Canadian courts in the face of the COVID-19 pandemic was to shut down completely. This undoubtedly made sense from a public health perspective. However, as the Ontario Superior Court of Justice noted in its recent practice direction, courts have “constitutional responsibility to ensure access to justice remains available”. Consequently, courts have been taking gradual steps towards reopening and allowing certain cases to be heard.
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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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IP Practice Tips From Powerhouse Female Lawyers
Sana Halwani is featured in an OBA article titled IP Practice Tips From Powerhouse Female Lawyers. Considered one of the top intellectual property lawyers in Canada, Sana shares her tips on what junior lawyers can do and should consider to distinguish themselves from their peers.
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The 2021 Lexpert Directory Recognizes 30 Lenczner Slaght Lawyers
An increasing number of our expert litigators are recognized by their peers as the foremost practitioners in their fields.
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Best Intellectual Property Litigation Lawyers in Ontario
In a recent Lexpert article, Sana Halwani is recognized among the Top 10 Best Intellectual Property Litigation Lawyers in Ontario.
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Lenczner Slaght Ranked for the 19th Consecutive Year in Chambers Global
Canada’s leading litigation firm is once again recognized for its dispute resolution expertise by world-renowned directory, Chambers Global, alongside notable full-service, national, and international firms.
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The Women's Law Association of Ontario has featured Sana Halwani and Shara N. Roy in their Women Lawyers of Ontario series. Sana and Shara speak about the drive behind ReferToHer™ and their personal insights and advice on taking control of your legal career.
Read Sana's feature here.
Read Shara's feature here.
Read the feature on ReferToHer™ here.
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Lenczner Slaght Achieves 20 Years at the Centre of the Lexpert Bull’s-Eye
The 2021 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada continues to recognize Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation.
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Lexpert Recognizes Lenczner Slaght Lawyers for Litigation Excellence
An increasing number of our expert litigators continue to be recognized as the foremost litigators in their fields by peers and senior members of the legal profession.
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Legal 500 Recognizes Lenczner Slaght’s Top-Tier Litigation Expertise
Canada’s leading litigation firm is “recognized across the country as a force in complex disputes” according to Legal 500.
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Sana Halwani and Shara Roy are mentioned in a recent Droit-inc article about the origin of ReferToHer™ and why it is important to be intentional when you refer work in the legal industry.
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A Litigator’s Guide to Electronic/Virtual Practice
Sana Halwani will be sharing her expertise at the LSO's program titled A Litigator’s Guide to Electronic/Virtual Practice. Sana will share 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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Sana Halwani moderated a Fireside Chat with the Honourable Thomas Cromwell at the IPIC2020 Virtual Conference.
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Technology for Family Lawyers Part 3
Sana Halwani spoke at The Advocates' Society's program Technology for Family Lawyers Part 3. Sana shared her expert insight on "Lessons Learned from a Paperless Trial."
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Inside the Courtroom: Virtual trials and the Sharma decision
Sana Halwani was interviewed in The Lawyers Lounge podcast. Sana shared her expert insights and tips on how to effectively advocate virtually.
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Commercial Litigation and Arbitration Review
Scott Rollwagen, Sana Halwani, and Paul-Erik Veel's article "Do courts have jurisdiction to order virtual hearings? Absolutely!" was published in the August 2020 volume of the Commercial Litigation and Arbitration Review.
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Chambers Global (2019-2021)
Intellectual Property: Litigation (Canada)
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Chambers Canada (2019-2021)
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 (2018-2020)
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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 (2018-2020)
Life Sciences, Patent Litigation; Patents – Global and National Leader
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IAM Patent 1000 (2016-2020)
Patent Litigation: Recommended Individual (Silver)
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The Legal 500 Canada (2018-2021)
Intellectual Property (Next Generation Lawyer)
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