Using AI in Patent Litigation: Tools, Tactics and Risks

Using AI in Patent Litigation: Tools, Tactics and Risks

View Session Speakers

Artificial intelligence is no longer a novelty in patent litigation—it is quickly becoming a competitive differentiator. The real question is no longer whether to use AI, but how to deploy it in ways that drive measurable litigation advantage without creating unintended risk. Despite growing adoption, most practitioners are still operating without a clear framework for where AI delivers value, where it falls short, and how its use impacts core legal protections.

This panel will focus on real-world application. Panelists will examine the tools litigators are actually using today and, more importantly, what they are using them for—from prior art analysis, the creation of claim charts, creating claim constructions that work best with the disclosure, wading through discovery, comparing expert reports, crafting of jury instructions, and litigation strategy. The discussion will move beyond theory to address where AI is driving efficiency, where it is improving substantive outcomes, and where results remain incomplete. Panelists will also candidly assess what they like about current tools, what they do not trust, and what capabilities are still missing.

A central focus will be the intersection of AI use with discovery obligations and privilege. The panel will explore when AI-generated or AI-assisted work product may be protected—such as within closed, controlled systems operated by counsel—and when privilege risks are introduced, including the use of open or third-party platforms by clients. Panelists will address emerging questions around the discoverability of prompts, inputs, and outputs, and how courts may treat AI-assisted analysis in litigation.