Expertise
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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.
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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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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 No. 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 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.
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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 No. 2,845,553.
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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 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 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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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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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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Intellectual Property Institute of Canada - Director (2022-2024); 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 - Chair (2023-2025) and Member (2022-2023); IP Court Practice Committee - Chair (2017-2020) and Member (2021-present)
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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 (2017-2022)
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Youth Rising Above - Board Member (2021-2022)
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The recent decision in Munchkin Inc v Angelcare Canada Inc presents an example of circumstances in which foreign parent companies can be held liable for patent infringement in Canada.
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Fall Regulatory Round Up – The Shifting Shape of the Canadian Landscape
Fall Regulatory Round Up
Activity abounds on the regulatory landscape from modernization and transparency initiatives to consultations, collaborations, and even potential implementations. Our Fall Regulatory Round Up highlights significant developments for drug products and patents that are of interest to those in the life sciences and biotech spaces. We will be following these important regulatory initiatives as they continue to unfold and will provide updates of interest.
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AI Artistry on Trial: Can Machines Hold Copyright?
The intersection of artificial intelligence and intellectual property law is once again in the spotlight with the latest legal proceeding, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic v Ankit Sahni.
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Summary Judgment Still Appropriate for Certain Patent Infringement Claims
A desire to expedite patent disputes may result in a party pursuing summary adjudication. We have previously commented on a number of cases relating to the use of summary proceedings for resolving patent cases in Canada. In particular, in the Federal Court of Appeal’s 2022 decision in Gemak Trust v Jempak Corporation, the FCA held that summary judgment is not appropriate where there are serious issues with respect to the credibility of witnesses, and the Court observed more generally that “while patent infringement issues are not by definition excluded from the ambit of the summary judgment process, they tend to raise complex issues of fact and law that are usually better left for trial”. We noted that in Gemak, the FCA was tapping the brakes on a trend towards increased adoption of summary proceedings in patent cases, and that for parties interested in summary adjudication, summary trial may be a more attractive option, particularly where witness credibility, and especially expert credibility, is likely to be an issue.
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On the Horizon: Legal Complexities Intersecting Generative AI, Class Actions, and IP Law
The multifaceted nature of generative AI is bound to create legal complexities at the intersection of intellectual property law and class actions, as this emerging technology disrupts not only the tech landscape but the legal one too.
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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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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.
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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”.
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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).
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Chambers Canada Recognizes Lenczner Slaght’s Deep Bench of Expert Litigators
Canada’s leading litigation firm continues to advance their position in the latest edition of the world-renowned directory.
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Lenczner Slaght Recognized for Patent Litigation Excellence by LMG Life Sciences
Lenczner Slaght is pleased to announce its continued recognition for patent litigation expertise in the latest edition of LMG Life Sciences, following an in-depth qualitative research process that included peer and client feedback.
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Lenczner Slaght Litigators Recognized as the Best Lawyers in Canada
In the 2025 edition of Best Lawyers in Canada, Lenczner Slaght is proud to receive 168 total rankings, with 45 of our expert litigators recognized for their expertise across 25 practice areas.
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Lenczner Slaght Litigators Recognized as Leading Practitioners in IP
The latest edition of Managing Intellectual Property’s 2024 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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IAM Patent 1000 Recognizes Lenczner Slaght’s Expert IP Team
Lenczner Slaght continues to receive worldwide recognition for its intellectual property expertise and is proud to advance to the Silver Tier in the 2024 edition of IAM Patent 1000: The World’s Leading Patent Professionals.
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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.
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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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Intellectual Property Commercialization
Jordana Sanft was invited to speak as a guest lecturer at Osgoode Hall Law School on the topic of Intellectual Property Enforcement.
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Jordana Sanft was invited to moderate the session, Inside the IP Chambers – A Federal Court Fireside Chat, at the IPIC 2024 Conference. Jordana led a discussion on the current challenges and triumphs in case management, trial management, and discoveries. The panel also explored issues and trends impacting IP practitioners and judicial officers in the Federal Court.
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Is Sharing a Hyperlink Copyright Infringement?
Jordana Sanft was invited to present at the ALAI Canada program titled, Is Sharing a Hyperlink Copyright Infringement? In this session, Jordana provided her expert insights on the implications of the BC Court of Appeal’s decision in Linkletter v Proctorio. Additionally, she compared the Canadian context to the events in the European Union where hyperlinking had led to major decisions from the EU Court of Justice.
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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".
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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.
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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". Jordana discussed key patents, trademarks, and copyright cases from 2022, along with opportunities linked to the new European unitary patent system and the Unified Patent Court.
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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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Chambers Global (2020-2024)
Intellectual Property – Litigation (Canada)
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Chambers Canada (2020-2025)
Intellectual Property: Litigation (Nationwide – Canada), Life Sciences: IP/Patent Litigation (Nationwide – Canada) (2022)
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Canadian Legal Lexpert® Directory (2018-2024)
Intellectual Property (Most Frequently 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 (2015-2025)
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IAM Patent 1000 (2019-2020; 2022-2024)
Patent Litigation: Recommended Individual (Gold)
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2022-2023)
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Lexpert Special Edition: Canada's Leading Technology & Health Sciences Lawyers (2022-2024)
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Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (2024)
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