AI in IP Litigation: Evidence, Discovery, and Expert Issues

Ha Kung Wong, Esq. | Partner, Venable LLP | Intellectual property (IP) law with an emphasis on complex patent and trade secret litigation | Managing Intellectual Property, IP Star, 2019 – 2020, 2022 – 2025

This program examines how artificial intelligence is beginning to affect intellectual property, patent litigation and other contested proceedings, with a particular focus on evidence, discovery, expert analysis, damages, and litigation strategy. As AI tools become more widely used by companies, inventors, technical teams, litigants, experts, and counsel, IP disputes increasingly raise questions about how AI-related evidence is created, preserved, reviewed, challenged, and presented.

The discussion will address how AI tools may be used in connection with document review, technical evidence, case assessment, analysis of evidence, expert reports, litigation strategy, and other workflows that arise in complex IP and patent disputes. The program will also consider practical issues that may arise when AI-generated or AI-assisted materials appear in discovery, motion practice, expert work, settlement analysis, or trial preparation.