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, 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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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 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.
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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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Counsel to the intervener Professor Ariel Katz in an appeal to the Supreme Court of Canada addressing the interpretation of the “making available” provision of the Copyright Act, the role of the Copyright Board of Canada in determining legal questions, and the question of when copyrights trigger entitlements to royalties.
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Counsel to a patent prosecution firm regarding a threatened negligence claim, which was promptly settled.
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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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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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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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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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SCC’s First Copyright Ruling on ‘Making Available’ Online Creates New Category of Correctness Review
The Lawyer's Daily interivewed Sana Halwani on the SCC’s first copyright ruling on the new ‘making available’ online provision of the Copyright Act. Sana represented an intervenor on the matter.
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Lenczner Slaght’s Expert IP Team Receives Worldwide Recognition
Canada’s leading litigation firm continues to be recognized for its exceptional Intellectual Property expertise by IAM Patent 1000.
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Sana Halwani & Jordana Sanft Recognized as Leading Practitioners in IP
Managing Intellectual Property’s 2022 IP STARS handbook, a leading guide to the world’s foremost IP firms and practitioners, has once again recognized Sana Halwani and Jordana Sanft for their patent and trademark expertise.
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Sana Halwani Named Among Top 250 Women in IP
Sana Halwani is globally recognized as one of the world’s leading female IP practitioners in Managing Intellectual Property’s Top 250 Women in IP list.
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The 2022 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
31 of our expert litigators are recognized by their peers as the foremost practitioners across 18 fields.
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Lenczner Slaght Ranked for the 20th Consecutive Year in Chambers Global
Canada’s leading litigation firm continues to be recognized for its dispute resolution expertise by world-renowned directory, Chambers Global, alongside notable full-service, national, and international firms.
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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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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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Copyright in an Educational Setting
Sana Halwani shared her expertise at the Intellectual Property Institute of Canada and McGill University Summer IP Course. Sana presented on Copyright in an Educational Setting.
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Attracting, Retaining and Championing Diverse Advocates
Sana Halwani will be speaking at The Advocates' Society's Diversity & Inclusion Lunch, which will focus on attracting, retaining, and championing diverse advocates. As Co-Founder of ReferToHer and the Chair of our EDI Committee, Sana will share strategies on how to advance EDI at the firm and in the legal profession.
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The Honourable Rosalie Silberman Abella – A Life of Firsts
Sana Halwani will speak at the Canadian Institute for the Administration of Justice's conference to celebrate the retirement of the Honourable Rosalie Silberman Abella from the Supreme Court of Canada.
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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 provided 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 shared 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 shared 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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Chambers Global (2019-2022)
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 (2018-2022)
Intellectual Property (Most Frequently Recommended), Litigation - Intellectual Property (Most Frequently Recommended), Life Sciences & Health (Consistently 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 (2016-2022)
Patent Litigation: Recommended Individual (Gold)
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The Legal 500 Canada (2018-2022)
Intellectual Property (Leading Lawyer)
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