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This paper studies the determinants of investment in legal advice by plaintiffs in patentlitigation. A hand-collected sample of US patent litigation cases is used to identify theempirical 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. Largefirms, and plaintiffs with large patent portfolios employ more counsels, whereas individuallitigants 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 alsoimportant implications for the discussions on software patents, and the role of the litigantstatus for litigation success

Investing in Legal Advice - What Determines the Costs of Enforcing Intellectual Property Rights?