Expertise
-
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 develops strategic, creative, and client-focused solutions to achieve success and advance client objectives.
Jordana practices in all areas of intellectual property law and has over 20 years of experience in patent, trademark, and copyright 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 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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Intellectual Property Institute of Canada - Director (2022-2023); Conference Committee Chair (2021-2023); Vice Chair (2019-2021); Women in IP Networking Group
-
Canadian Bar Association - Intellectual Property Section; Federal Courts Bench and Bar Liaison Committee - Chair (2023-2024) and Member (2022-2023); IP Court Practice Committee - Chair (2017-2020) and Member (2021)
-
International Association for the Protection of Intellectual Property
-
The Toronto Intellectual Property Group
-
-
ChIPs - Non-profit organization advancing women in technology, law and policy
-
The York School - Risk Committee of the Board of Directors; Member at Large (2017-2022)
-
Youth Rising Above - Board Member (2021-2022)
-
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.
-
Policing Scope Creep: Relevance in Canadian Pharma Disputes for Section 8 Damages
In Canada, a generic pharmaceutical company can commence an action for damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”), if it successfully defends a patentee’s claims in an earlier section 6 prohibition proceeding. Section 8 actions are often complex, requiring a determination of the alleged loss suffered by assessing a “but-for world” where the generic would have received regulatory approval and commenced sales at an earlier date, but for having been blocked by the operation of the Regulations. Depending on the drug(s) and patent(s) at issue, there may be several independent section 8 actions against a patentee, each started by a different generic plaintiff (see our previous post). When distinct section 8 actions are commenced pertaining to the same drug(s), patent(s), and patentee(s), issues as to relevance and scope of each action may arise.
-
Swiftly Navigating the Importance of IP
Few pop icons have navigated the art of protecting their intellectual property as well as Taylor Swift. Not only does Taylor Swift have an outstanding knack for creating number one hits, a keen eye for branding, and an entrepreneurial spirit that is inspiring, she is also business savvy in protecting her trademarks and copyright. On this International Women’s Day 2024 we look to Taylor Swift as an inspiration in IP protection, enforcement, and commercialization, as we celebrate women who “could show you incredible things”.
-
Sniff, Kleenex Is Snuffed Out of Canada
On August 25, 2023, Canadians were advised that KLEENEX was blowing out of town and would no longer be available in Canada (see Globe & Mail article).
-
No Human, No Copyright: U.S. District Court of Columbia Denies Thaler’s Summary Judgment Motion
The “Creativity Machine”, owned by Stephen Thaler, generated a work of art of its own accord. Thaler applied to register copyright in the artistic work titled ‘A Recent Entrance to Paradise’ with the United States Copyright Office. The application stated the Creativity Machine created the work and it was listed as the author. Thaler sought to transfer the copyright to himself as owner. The registration was denied.
-
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.
-
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.
-
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.
-
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”).
-
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.
-
Federal Court and Federal Court of Appeal Float Ideas for Reforming Their Rules, Seek Bar’s Input
Interviewed by Law360, Jordana Sanft commented on the Federal Court and Federal Court of Appeal’s reform initiative to modernize and improve its existing joint rules, last overhauled in 2012.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Song with Deep-faked Vocals of Drake, the Weeknd Not Eligible for Juno Nomination
In this article, CBC mentions Jordana Sanft and her recent interview, where she shared her expert insights on IP law in the world of generative AI.
-
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.
-
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".
-
Protecting Confidential Information
Jordana Sanft shared her expertise at the Intellectual Property Institute of Canada's webinar on Protecting Confidential Information – the Interplay between Implied Undertaking, Protective Orders/Agreements, and the Open Court Principle.
-
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.
-
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".
-
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?".
-
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).
-
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.
-
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.
-
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)
-
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)
-
Chambers Global (2020-2024)
Intellectual Property – Litigation (Canada)
-
Chambers Canada (2020-2024)
Intellectual Property: Litigation (Nationwide – Canada), Life Sciences: IP/Patent Litigation (Nationwide – Canada) (2022)
-
Canadian Legal Lexpert® Directory (2018-2024)
Intellectual Property (Most Frequently Recommended), Litigation - Intellectual Property (Consistently Recommended), Life Sciences & Health (Consistently Recommended)
-
Lexpert Special Edition: Canada's Leading Technology Lawyers (2021)
-
Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021)
-
Best Lawyers in Canada (2015-2024)
-
IAM Patent 1000 (2019-2020; 2022-2023)
Patent Litigation: Recommended Individual (Silver)
-
Lexpert Special Edition: Canada's Leading Litigation Lawyers (2022-2023)
-
Lexpert Special Edition: Canada's Leading Technology & Health Sciences Lawyers (2022-2023)
-
Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (2024)
Show more