Discussion Papers, Department of Business and Management Science, Norwegian School of Economics (NHH)
Investing in legal advice - What determines the costs of enforcing intellectual property rights?
Abstract: This paper studies the determinants of investment in legal
advice by plaintiffs in patent litigation. A hand-collected sample of US
patent litigation cases is used to identify the empirical factors that
determine the number of legal counsels employed by the plaintiffs. It turns
out that more valuable patents lead to a higher investment in legal advice.
Large firms, and plaintiffs with large patent portfolios employ more
counsels, whereas individual litigants employ fewer. Software patents are
related to a lower investment by the plaintiffs. These findings help not
only to understand the cost drivers of litigation but have also important
implications for the discussions on software patents, and the role of the
litigant status for litigation success.
Keywords: Litigation; patents; litigation costs; software patents; litigant status; (follow links to similar papers)
JEL-Codes: K00; K41; O34; (follow links to similar papers)
26 pages, August 28, 2015
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