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, 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, 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.
As Chair of our Equity, Diversity, and Inclusion Committee and co-founder of ReferToHer™, a groundbreaking program that helps keep women top of mind for referrals, Sana is a leading advocate for EDI at our firm and in the legal profession. She also plays a crucial role in shaping our firm’s future as Chair of our Innovation Hive™.
Sana is frequently invited to speak on topics in intellectual property, advocacy and diversity in the profession. Sana sits as the IP Law representative of the Federal Courts Rules Committee and as a member of the Federal Court IP Users Committee. Sana holds numerous volunteer leadership positions including Director and Secretary of the Writer’s Trust of Canada, Past President of the University of Toronto Alumni Association, and is a Past Director of the Intellectual Property Institute of Canada (IPIC) and co-Founder of it’s Women in IP Networking Group.
Prior to entering private practice, Sana clerked for Justice Rosalie Abella of the Supreme Court of Canada. Sana is a registered patent agent and trademark agent. She is also fluent in French.
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Copyright counsel to a major accounting firm in relation to the development and marketing of a data analytics tool.
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Copyright counsel to a major news media company in matter relating to unauthorized use of its content to train AI tools.
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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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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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Co-counsel to Puma in an application for leave to appeal to the Supreme Court of Canada arising from Caterpillar’s opposition to Puma’s trademark application for PROCAT on the basis that it is confusing with Caterpillar’s registered design trademark (CAT & Triangle Design).
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Counsel to a music collective in a contractual dispute.
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James Caruk v Amazon.com Inc et al
Counsel to the Defendants, technology companies (Amazon, Apple, Fox/Tubi) and media production companies, in an action alleging, inter alia, copyright infringement, passing off and misappropriation of personality. This action was dismissed pre-discovery following service of the Defendants’ notice of motion to strike.
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GlycoBioScience Inc v L’Oréal Canada Inc
Counsel to L’Oréal Canada Inc in an alleged patent infringement action.
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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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Federal Courts Rules Committee - Designated by the Minister of Justice as the IP Law representative (of the five members of the bar on this statutory Committee) (2022-present)
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Intellectual Property Institute of Canada - Fellow; Intervention Committee; Co-Chair of the Women in IP Networking Group (WING); 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 (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 (2010-2019)
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Advisory Committee on Prothonotary Appointments - Bar Representative (September 2017-2020)
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Federal Court IP Users Committee - Member (2018-present)
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Harold G. Fox Moot in Intellectual Property - Judge (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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The Federal Court of Appeal’s decision in Steelhead v ARC upholds Justice Manson’s summary trial decision finding no infringement by ARC Resources of Steelhead’s 085 Patent. In summary, the FCA held that the marketing of an apparatus that – if built – would infringe the 085 Patent did not constitute “use” (or “exploiter” in the French version) under section 42 of the Patent Act, and therefore could not be infringement.
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AI in the Courtroom: The Quest for Legal Precedents
The current landscape is inundated with narratives surrounding artificial intelligence and its intersection with the law. From the New York Time’s lawsuit launched against OpenAI in December 2023, to the BC lawyer reprimanded for citing fake AI-generated cases, to the lying Air Canada chatbot, the legal and mainstream media is full of stories of AI or people using AI running up against traditional legal doctrine and practice. Yet, amidst this surge of AI-related incidents, Canada finds itself grappling with more questions than answers.
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When Is a Gap Not a Gap? Court Maintains Procedural Differences Between Actions and Applications
In two decisions released on the same day, the Federal Court has confirmed that applications are summary procedures that exclude the right or ability to examine witnesses who have not sworn affidavits.
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If your 2024 has been too busy to keep up with caselaw, below we summarize and provide the key takeaways from pharmaceutical patent decisions that have been issued from the Federal Court and Federal Court of Appeal in the last two months.
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Benjamin Moore: An Opportunity Missed
It has been approximately six months since the Federal Court of Appeal’s decision in Canada (Attorney General) v Benjamin Moore & Co (the “Benjamin Moore Appeal”) was released, yet no practice direction has been issued from the Canadian Intellectual Property Office (“CIPO”) to address the decision, and there is no consistency in the way that computer-implemented inventions are being examined. As the patent bar awaits a decision on the leave application to the Supreme Court of Canada, we provide our thoughts on the Federal Court of Appeal’s decision, and the missed opportunity it was.
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Inventor Examination Cannot Be Compelled by Proxy, and Other Practical Lessons
In the recently released decision Boehringer Ingelheim Ltd v Jamp Pharma Corporation, Jamp brought a motion seeking an order that would require Boehringer to make their employee inventors attend to be examined for discovery, failing which the order could be enforced against Boehringer themselves. Boehringer argued that the Rules do not contemplate such an order. Associate Judge Duchesne agreed.
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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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Do I pay the same? Am I only streaming? Or is "making available" a separate, compensable claim?
Last week, the Supreme Court of Canada released its decision in SOCAN and Music Publishers of Canada v ESA, the latest instalment in a decade long battle about whether and how copyright owners should be compensated for making works available online (even if those works are not subsequently downloaded or streamed by a user).
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Don’t Make Me Say It a Fourth Time: Federal Court Weighs in (Again) on Patentable Subject Matter
Associate Chief Justice Gagné’s decision in Benjamin Moore & Co v Attorney General of Canada, 2022 FC 923 (“Benjamin Moore”) marks the second time that the Federal Court has had to weigh in to tell the Commissioner that it was not applying the correct test for patentability of computer-implemented inventions. Unlike past decisions (discussed below), the Court in Benjamin Moore, provided instruction on how the Commissioner ought to assess patentability of such inventions. As a top line, these instructions appear to level the playing field – reducing the artificially high standard that computer-implemented inventions face during patent examination.
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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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The 2024 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
Lenczner Slaght’s litigators continue to be recognized by their peers as the foremost practitioners in their fields.
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Chambers Global Recognizes Lenczner Slaght for the 22nd Consecutive Year
Canada’s leading litigation firm and its expert litigators are increasingly recognized in the latest edition of world-renowned directory, Chambers Global.
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Lenczner Slaght Remains at the Centre of the Lexpert Bull’s Eye
The 2024 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada recognizes Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation for the 23rd consecutive year.
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Lexpert Recognizes Lenczner Slaght’s Litigation Strength
An increasing number of our expert litigators continue to be recognized as the foremost lawyers in their fields by peers and senior members of the legal profession.
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Lenczner Slaght Stands Out as a Top-Tier Litigation Firm in Legal 500 Canada
Canada’s leading litigation firm is once again recognized as a “litigation powerhouse” according to Legal 500 Canada.
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Chambers Canada Recognizes Lenczner Slaght as a Top-Tier Litigation Firm
Canada’s leading litigation firm and its expert litigators continue to be recognized by world-renowned directory, Chambers & Partners.
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LMG Life Sciences Recognizes Lenczner Slaght’s Patent Litigation Expertise
Following an extensive qualitative research process that included peer and client feedback, Lenczner Slaght is proud to be ranked for its patent litigation expertise in the latest edition of LMG Life Sciences.
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Lenczner Slaght Litigators Recognized as Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 41 of our expert litigators are recognized for their expertise across 24 practice areas. The following lawyers have also been recognized as “Lawyer of the Year” for receiving the highest overall peer-feedback in their practice areas in Toronto.
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Lenczner Slaght Litigators Recognized Among Leading Practitioners in IP
Managing Intellectual Property’s 2023 IP STARS handbook, a leading guide to the world’s foremost IP firms and practitioners, continues to recognize Sana Halwani and Jordana Sanft.
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Lenczner Slaght Receives Worldwide Recognition in IP Litigation
Canada’s leading litigation firm continues to be recognized year-over-year for its exceptional Intellectual Property expertise.
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Sana Halwani was invited to share her expertise at the IPIC 2024 Conference. Sana will be a panelist on From Courtroom to Practice: Analyzing Top IP Cases of the Year, where she will discuss the most significant patent law rulings of the year and provide insights into how they’re shaping the future of IP law and practice.
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Sana Halwani will be sharing her expertise on a Copyright Master Class course, hosted by McGill University in partnership with the Intellectual Property Institute of Canada (IPIC). On the session titled, Copyright Litigation Inside and Out: Legal & Business Views, Sana will discuss the nuts and bolts of prosecuting or defending a copyright case in Canada.
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Expert Witnesses and Persuasive Testimony in Technology Cases: Leveraging Technical Evidence
Sana Halwani was invited to present at the Canadian Bar Association program titled, Expert Witnesses and Persuasive Testimony in Technology Cases: Leveraging Technical Evidence. Sana will discuss the critical role of expert witnesses in technology litigation, providing best practices for selecting, preparing, and presenting them effectively. She will also cover strategies for handling cross-examination and engage in interactive discussions on recent cases involving technological testimony.
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Walking the Talk: EDI Accountability in Legal Organizations
Sana Halwani was invited to speak as a panelist on the OBA's program titled, Walking the Talk: EDI Accountability in Legal Organizations. The panel discussed EDI policy implementation, how to measure the impact of EDI in an organization, and practical tips for ensuring accountability and create meaningful change.
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Carl Mitchell Community Impact Award Event Honouring R. Douglas Elliott (JD 1982)
Sana Halwani, Past President of the University of Toronto Alumni Association, led a fireside chat with honouree, R. Douglas Elliott, to discuss his decades of advocacy and community work, including landmark constitutional cases that made national headlines and changed the lives of thousands of Canadians.
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Copyright in an Educational Setting
Sana Halwani shared her expertise at the joint Intellectual Property Institute of Canada and McGill University Summer IP Course. Sana presented Copyright in an Educational Setting.
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44th Annual Intensive Trial Advocacy Workshop
Lawrence E. Thacker, Risa M. Kirshblum. Sana Halwani, and Jonathan Chen were invited to share their expertise at Osgoode Professional Development's 44th Annual Intensive Trial Advocacy Workshop.
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Sana Halwani was invited to share her expertise at The Advocates' Society's program titled The Art of Settlement. Sana will present on Best Practices for Drafting Settlement Agreements.
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Gender Bias in AI: The Pitfalls and the Promise
Sana Halwani was invited to share her expertise at the Intellectual Property Institute of Canada's program. Sana led a conversation on the way gender bias manifests in the AI space, what we can do about it, and how AI may help us address gender bias.
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Advancing Diversity and Inclusion in the Practice of IT & IP
Sana Halwani was invited to speak as a panelist on the OBA's program titled "Advancing Diversity and Inclusion in the Practice of IT & IP". The panel will discuss how the profession has changed, what this means for lawyers and their clients, and how we can all contribute to equity and inclusion going forward.
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Chambers Global (2019-2024)
Intellectual Property: Litigation (Canada)
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Chambers Canada (2019-2024)
Intellectual Property: Litigation (Nationwide – Canada)
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IAM Patent 1000 (2016-2023)
Patent Litigation: Recommended Individual (Gold)
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Canadian Legal Lexpert® Directory (2018-2024)
Intellectual Property (Most Frequently Recommended), Litigation - Intellectual Property (Most Frequently Recommended), Life Sciences & Health (Repeatedly Recommended), Litigation - Corporate Commercial (Repeatedly Recommended)
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Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (2020-2024)
Intellectual Property; Intellectual Property Litigation
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2018-2023)
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Lexpert Special Edition: Canada's Leading Technology & Health Sciences Lawyers (2022-2023)
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Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021)
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Lexpert Rising Stars (2018)
Leading Lawyers Under 40
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Managing Intellectual Property: IP STARS (2017-2023)
Patent Star - Canada, Trademark Star - Canada, Top 250 Women in IP
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