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Expert Analysis

AI Communications May Be Discoverable In Patent Litigation

By John Morgan, Jeffrey Danley and Jessica Gritton ( March 4, 2026, 5:22 PM EST) -- In a case of first impression, the U.S. District Court for the Southern District of New York ruled in United States v. Heppner last month that correspondence between an artificial intelligence tool and a defendant during a criminal case was not protected by the attorney-client privilege or the attorney work product protection, and ordered that the correspondence be turned over to the government....

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