Kristen Jakobsen Osenga
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Profile
Dean Kristen Jakobsen Osenga teaches and writes in the areas of patent law, antitrust, and legislation and regulation. Some of her recent scholarship focuses on standard development organizations, patent eligible subject matter, patent licensing firms, litigation and remedies for patent infringement, and patent law reform. She has written numerous law review articles on these and other topics, as well as book chapters and op eds on various aspects of patent law. Additionally, she has spoken on these issues at many academic conferences and bar events. Dean Osenga is Chief Policy Counselor for the Inventors Defense Alliance, as well as an active member of the Federal Circuit Bar Association and the American Intellectual Property Law Association.
Dean Osenga received a B.S. degree in Biomedical Engineering from the University of Iowa, an M.S. degree in Electrical Engineering from Southern Illinois University – Carbondale, and a J.D. from the University of Illinois College of Law, where she graduated magna cum laude. After law school, she practiced at the law firm of Finnegan, Henderson, Farabow, Garrett, & Dunner LLP, (now Finnegan) where she did patent prosecution and litigation. She then clerked for the Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit. After clerking, she entered academia, teaching first at Chicago-Kent College of Law and then at the University of Richmond, where she has been since 2006. She has also been a Visiting Professor at Emory University School of Law and at William & Mary School of Law.Expand All-
Awards
University of Richmond UR Distinguished Scholar (2023)
University of Richmond UR Distinguished Educator (2016)
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Presentations
"SEPs, Unwilling Licensees and FRAND," IP Watchdog (January 2025)
"Litigation Funding, SEP Current & Proposed Regulations (panels)," C-IP2 Annual Fall Conference, George Mason University School of Law (October 2024)
"Power Play: The Strategic Use of Preliminary Injunctions in Patent Litigation," Annual Meeting, American Intellectual Property Law Association (October 2024)
"IP, AT, and AAAs: What Intellectual Property Can Teach Antitrust About the War on Amazon Basics," Code & Counsel: An Exploration of Technology & the Law, Belmont University Law School - Law Review Symposium (September 2024)
"Is Patent Eligibility in Need of Reform?," Federalist Society (May 2024)
"Law & Economics Speakers Series - IP & Antitrust issues," Law & Economics Speakers Series, Drake University School of Law (February 2024)
"On Predatory Infringement & Patent Law," AccelPro IP (February 2024)
"The Injunction Function: Is IP Law Promoting Markets for Innovators & Creators?," National Lawyers Convention, Federalist Society (November 2023)
"SEP Licensing & FRAND Issues: Where Are the Hotspots?," CIP2 Annual Fall Conference: First Sale: The Role of IP Rights in Markets, Center for Intellectual Property x Innovation Policy at GMU Law (October 2023)
"Efficient Infringement: In view of PTAB success rates and EBay Decision ," Best Practices in IP - IP in the AI Era: Impact and Challenges, (March 2023)
"“Hit the Road Jack: The Auto Industry as the Next Vehicle for Predatory Infringement”," Symposium on The Impact of the Patent System on Markets for Technology, Berkeley Center for Law & Technology, Classical Liberal Institute at NYU Law (February 2023)
"Patent Eligibility– After More Than a Decade since Bilski v. Kappos, Where and How Do We Find the Talisman for Fixing the “Validity Goulash”?," The Naples Roundtable, LEAHY INSTITUTE OF ADVANCED PATENT STUDIES (January 2023)
"Store Brands, Shop Keepers & Shutting Down the Successful Big Tech Marketplace," Market Structure Roundtable, International Center for Law & Economics (September 2022)
"World IP Day Panel Discussion," Exploring Intersections: Summit on SEP and FRAND, UNH Franklin Pierce School of Law (April 2022)
"The Intersection of IP and Antitrust Law - Stay in your lane!," Simonds Lecture, SIU Law (April 2022)
"Understanding the Controversial Draft Standard-Patent Policy," Hudson Institute (April 2022)
"Agency Approaches to the Antitrust-Intellectual Property Interface under the Biden Administration," ABA-IPL Spring Annual Section Meeting, ABA (April 2022)
"What Antitrust Law Can Learn from IP," Works-in-Progress IP, St. Louis University School of Law (February 2022)
"Efficient Infringement: Awful or Awesome?," Richmond Law - IPI Evil Twins Debate, Works-in-Progress IP; SLU School of Law (February 2022)
"Theory to Doctrine: Should Specific Antitrust Doctrines or Cases Be Revisited in the Digital Age?," Big Tech & Antitrust Conference, Seton Hall University School of Law (February 2022)
Presenter, "Predatory Infringement: Or…the inefficiency of efficient infringement," Intellectual Property & Technology in the New Global Age, Seton Hall University Law School (November 2021)
Panelist, "IP Injunctions After eBay - Are Presumptions Overrated?," AIPLA Annual Meeting, American Intellectual Property Law Association (October 2021)
Panelist, "IP Infringement & State Sovereign Immunity," IP Infringement & State Sovereign Immunity, Hudson Institute (October 2021)
Panelist, "Protecting and Promoting AI Innovation: Patent Eligibility Reform as an Imperative for National Security and Innovation," Security, Privacy, and Innovation: Reshaping Law for the AI Era, Co-hosted by the Reiss Center on Law and Security, the National Security Commission on Artificial Intelligence, the Berkman Klein Center, and Just Security (October 2021)
Lecturer, "The Intersection of IP and Antitrust," University of Akron Federalist Society (September 2021)
Panelist, "Arthrex: The End of Patent Exceptionalism in the Administrative State?," Regulatory Transparency Project (August 2021)
Lecturer, "Case Law Update, SEP Licensing," Standards & Patents: Law & Litigation, Informa Connect (July 2021)
Moderator, "Courthouse Steps Oral Argument Webinar: United States v. Arthrex Inc.," Courthouse Steps Webinar, Federalist Society (March 2021)
Presenter, "Phoenix Issue VII. Should Patent Injunction Standards be Revised to make it easier to obtain an injunction?," Naples Roundtable - Leahy Institute of Advanced Patent Studies, Naples Roundtable (February 2021)
Presenter, "We Need a Vaccine, Not a Pledge, a Promise, or a Pilot Program: Proposals to Strengthen Innovation in Pandemics," Works-In-Progress IP (WIPIP), Texas A&M Law School (February 2021)
Moderator, "7 Minute Works in Progress," Federalist Society Annual Faculty Conference, Federalist Society (January 2021)
Presenter, "Delicate Balances," University of Akron IP Scholars Forum, University of Akron School of Law (December 2020)
Presenter, "We Need a Vaccine, Not a Pledge, a Promise, or a Pilot Program: Proposals to Strengthen Innovation in Pandemics," Regulation, Innovation, and Public Health, George Mason University, C. Boyden Gray Center for the Study of the Administrative State (September 2020)
Panelist, "Litigation Update: FTC v. Qualcomm," The Federalist Society (February 2020)
Panelist, "Innovation Capital: The Organizational Logic of Intellectual Property," Innovation Capital: The Organizational Logic of Intellectual Property, Classical Liberal Institute (NYU), Hoover Institution (Stanford) (January 2020)
Panelist, "Price Controls in the Creative & Innovation Industries," The IP Bridge: Connecting the Lab & Studio to the Market, Center for the Protection of Intellectual Property (October 2019)
Moderator, "Hot Topics in High-Tech Innovation: Policy & Legal Issues in Standardization," CPIP Summer Institute, Center for the Protection of Intellectual Property (July 2019)
Presenter, "Strategic Behavior and Feedback Loops in Altering Standard Setting Organizations' IP Policies," CPIP Summer Institute, Center for the Protection of Intellectual Property (July 2019)
Presenter, "Patent-Eligible Subject Matter� Still Wielding the Wrong Weapon- 12 Years Later," IP Redux 2.0, University of New Hampshire School of Law (April 2019)
Presenter, "Trademarks and Wine," Greater Richmond IP Law Association, University of Richmond School of Law (April 2019)
Moderator, "7-Minute Presentations of Works in Progress," 21st Annual Faculty Conference- Federalist Society, Federalist Society (January 2019)
Moderator, "Dispatches from the Patent Wars: The High-Stakes Battle Between Qualcomm and Apple," Federalist Society Teleforum, Federalist Society (January 2019)
Presenter, "The Realpolitik of IP," AALS Annual Meeting, Association of American Law Schools (January 2019)
Presentations Prior to 2019
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Memberships
Member, American Intellectual Property Law Association
Member, Federalist Society
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Bar Admissions
Registered Patent Attorney, United States Patent & Trademark Office
District of Columbia (inactive)
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Professional Experience
Austin E. Owen Research Scholar & Professor of Law (2019 - present)
University of Richmond School of Law, Richmond, VAProfessor of Law (2012 - 2019)
University of Richmond School of Law, Richmond, VAVisiting Professor of Law (2009 - 2013)
William & Mary School of Law, Williamsburg, VAAssociate Professor of Law (2009 - 2012)
University of Richmond School of Law, Richmond, VAAssistant Professor of Law (2006 - 2009)
University of Richmond School of Law, Richmond, VAVisiting Professor of Law (2007 - 2007)
Emory University School of Law, Atlanta, GAVisiting Assistant Professor of Law (2004 - 2006)
Chicago-Kent College of Law, Chicago, ILClerk, the Hon. Richard Linn (2002 - 2004)
U.S. Court of Appeals for the Federal Circuit, Washington, DCAssociate Attorney (2000 - 2002)
Finnegan, Hnederson, Farabow, Garrett & Dunner LLP, Washington, DC -
Institutional Service
Invited Peer Referee, Journal of Information Policy (2013)
Invited Peer Referee, Journal of Law, Economics & Policy (2013)
Invited Peer Referee, Journal of Law, Technology & Society (2012)
Invited Peer Referee, University of Illinois Journal of Technology & Policy (2011)
Invited Peer Referee, Jurimetrics (2010)
Member, Statutory Subject Matter Subsection of Patent Committee, AIPLA (2009)
Member, Working Group, US PTO Operations Recommendations, U.S. Chamber of Commerce (2009)
Editorial Board Member, AIPLA Quarterly Journal (2007)
Member, Clinical Hiring Committee, (2012-01-01 to 2012-12-31)
Member, Student Travel Fund Committee, (2012-01-01 to 2012-12-31)
Member, Student Affairs Committee, (2011-01-01 to 2011-12-31)
Participant, Faculty Learning Committee, (2011-01-01 to 2011-12-31)
Member, Languages Across the Curriculum Advisory Board, (2010-01-01 to 2010-12-31)
Member, University Faculty Council, (2010-01-01 to 2010-12-31)
Member, University Committee on Committees, (2009-01-01 to 2009-12-31)
Member, Clerkship Committee, (2007-01-01 to 2007-12-31)
Member, Curriculum Committee, (2007-01-01 to 2007-12-31)
Coach and Faculty Advisor, Intellectual Property Moot Court Program, (2006-01-01 to 2006-12-31)
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Awards
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Publications
Journal Articles
IP, AT, and AAAs: What intellectual property can teach antitrust about the war on Amazon Basics, Belmont Law Review (2025).
The Injunction Function: Is IP Law Promoting Markets for Innovators & Creators (with Judge Ryan Holte, Judge John W. Holcomb, Laurie Self, & Laura Sheridan), 32 Federal Circuit Bar Journal 335 (2024).
Hit the Road, Jack: The Auto Industry as the Next Vehicle for Predatory Infringement, 38 Berkeley Tech Law Journal 425 (2023).
"Efficient" Infringement and Other Lies, 52 Seton Hall Law Review 1085 (2022).
Striking the Right Balance: Following the DOJ’s Lead for Innovation in Standardized Technology, 54 Akron Law Review 605 (2021).
Putting Together a Competitive Puzzle: How to Understand and Assemble the Pieces of the New Madison Approach, Antitrust Chronicle (Competition Policy International) (2021).
Patent-Eligible Subject Matter... Still Wielding the Wrong Weapon -12 Years Later, 60 IDEA 104 (2020).
Institutional Design for Innovation: A Radical Proposal for Addressing Section 101 Patent Eligible Subject Matter, 68 American University Law Review 1191 (2019).
What Happened to the Public’s Interest in Patent Law?, 19 The Federalist Society Review (2018).
Ignorance over Innovation: Why Misunderstanding Standard Setting Organizations Will Hinder Technological Progress, 56 University of Louisville Law Review 159 (2018).
The Problem with PTAB's Power Over Section 101, 17 Chicago-Kent Journal of Intellectual Property 405 (2018).
Sticks and Stones: How the FTC's Name-Calling Misses the Complexity of Licensing-Based Business Models, 22 George Mason Law Review 1001 (2015).
Debugging Software's Schemas, 82 George Washington Law Review 1832 (2014).
Formerly Manufacturing Entities: Piercing the "Patent Troll" Rhetoric, 47 Connecticut Law Review 435 (2014).
The Internet is Not a Super Highway: Using Metaphors to Communicate Information and Communications Policy, 3 Journal of Information Policy 30 (2013).
Get the Balance Right!: Squaring Access with Patent Protection, 25 Pacific McGeorge Global Business & Development Law Journal 309 (2012) (invited symposium essay).
Shape of Things to Come: What We Can Learn from Patent Claim Length, 28 Santa Clara Computer & High Technology Law Journal 617 (2012).
What Do America's First Patents Have to Do with Today's?, 64 Florida Law Review Forum 19 (2012).
A Penguin's Defense of the Doctrine of Equivalents: Applying Cognitive Linguistics to Patent Law, 6 New York University Journal of Law & Liberty 313 (2011).
Cooperative Patent Prosecution: Viewing Patents through a Pragmatics Lens, 85 St. John's Law Review 115 (2011).
The PTOs Fast Track Takes Us in the Wrong Direction, 2010 Patently-O Patent Law Journal (2010).
Information May Want to Be Free, But Information Products Do Not: Protecting and Facilitating Transactions in Information Products, 30 Cardozo Law Review 2099 (2009).
Recent Developments in Patent Law, 3 Akron Intellectual Property Journal 303 (2009).
Ants, Elephant Guns, and Statutory Subject Matter, 39 Arizona State Law Journal 1087 (2007).
Rembrandts in the Research Lab: Why Universities Should Take a Lesson from Big Business to Increase Innovation, 59 Maine Law Review 407 (2007).
Linguistics and Patent Claim Construction, 38 Rutgers Law Journal 61 (2006).
Entrance Ramps, Tolls, and Express Lanes - Proposals for Decreasing Traffic Congestion in the Patent Office, 33 Florida State University Law Review 119 (2005).
Rethinking Reexamination Reform: Is It Time for Corrective Surgery, or Is It Time to Amputate?, 14 Fordham Intellectual Property, Media & Entertainment Law Journal 217 (2003).
Book ChaptersEfficient Infringement in the SEP Space, in 5G and Beyond: Intellectual Property & Competition Policy in the Internet of Things (Cambridge University Press) (December 2023).
Smart Grid Standards Development and Patent Protection in the United States: Striking the Balance Between Dramatic Overhaul of the Electric Grid and Encouragement of Innovation, in Intellectual Property and Sustainable Markets (Edward Elgar Publishing) (with Joel Eisen) (2021).
Reasons for and a Brief History of Standardization, in Patents and Standards: Practice, Policy, and Enforcement ( American Intellectual Property Law Association/Bloomberg Law) (2018).
Still Aiming at the Wrong Target: A Case for Business Method and Software Patents from a Business Perspective, in Perspectives on Patentable Subject Matter (Cambridge University Press) (Michael Abramowicz et al., eds.) (2014).
Information May Want to Be Free, but Information Products Do Not: Protecting & Facilitating Transactions in Information Products , in Intellectual Property & Digital Content (Edward Elgar Press) (2013) (reprint).
The Componentization of Information, in Feist, Facts, and Functions (Edward Elgar Press) (Robert Brauneis, ed.) (2009).
Book ReviewsBook Review - Kingston's "Beyond Intellectual Property: Matching Information Protection to Innovation", The IP Law Book Review 85 (February 2011).
Blog PostsChanging the Story: Artificial Intelligence & Patent Eligibility, Just Security (Reiss Center on Law and Security at New York University School of Law) (October 2021).
Online Symposium: Prof. Osenga's Top 2020 Federal Circuit Patent Decisions, Federal Circuit Blog (March 2021).
Moving the (Over-Regulated) Movie Industry into Modern Times, The Federalist Society (April 2019).
The FTC's PAE Study: Doing more harm than good, IP Watchdog (October 2016).
Why the FTC study on PAEs is destined to produce incomplete and inaccurate results, IP Watchdog (April 2016).
Patent 'Reform': What We Need First Is a Role Reversal, American Constitution Society Blog (January 2016).
Magazines/Trade PublicationsPolicy Makers Must Realize Not All Licensing-Brand Businesses Are the Same, Intellectual Asset Management 15 (2014).
Newspaper ArticlesWhen the Patent System Works, Washington Times (April 2019).
Qualcomm vs. Apple: Who's the Real Bully? , The Daily Caller (July 2018).
US Takes One step Forward, Two Steps Back on Innovation, The Hill (February 2018).
Op-Ed: Supreme Court must reinforce US as preeminent innovation superpower, The Hill (November 2017).
Op-Ed: The Patent Conundrum: When 'Exclusive' Rights are not Exclusive, Innovation Suffers, The Washington Times (October 2017).
An Empathic "NO" to Justice Sotomayor's Question on Software Patents in Alice Corp. v. CLS Bank, Tech Policy Daily (June 2014).
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In the News
‘Litigation Transparency’ Proposal Would Give Big Tech a License to Steal (DC Journal)
Tue., Oct. 22, 2024Inventors Group to U.S. Courts Committee: Don’t be Duped by Corporate Call for Litigation Funding Transparency (IP Watchdog)
Thu., Oct. 10, 2024Column: Senate bill would endanger medical research and innovation (The Virginia Pilot)
Wed., Sep. 4, 2024Coons/Cotton RESTORE Patent Rights Act Would Abrogate eBay (IP Watchdog)
Tue., Jul. 30, 2024Column: Are "patent thickets" to blame for high drug prices? (Richmond-Times Dispatch)
Wed., Nov. 30, 2022Effect of Contracts on Patent Reviews Ripe for Fed. Cir. Guidance (Bloomberg)
Mon., Sep. 20, 2021We Must Win the Race to 5G (Inside Sources)
Fri., Jun. 4, 2021Regulating Vaccines After Covid-19 (Gray Matters Podcast (C. Boyden Gray Center for the Administrative State))
Tue., May. 4, 2021If You're Sailing Into the Headwinds, You Might Be Going In the Wrong Direction (Real Clear Markets)
Tue., Apr. 20, 2021Online Symposium: Prof. Osenga’s Top 2020 Federal Circuit Patent Decisions (FedCircuitBlog)
Tue., Mar. 30, 2021Price Controls Are Intellectual Property Theft by a Different Name (Townhall)
Tue., Oct. 27, 2020With biomedical research, taxpayers are getting a great deal (The Telegraph)
Mon., Sep. 21, 2020If we want innovation, companies must be able to rely on patent law to protect their investments (The Washington Times)
Tue., Aug. 25, 2020With biomedical research, taxpayers are getting a great deal (Richmond Times-Dispatch)
Wed., Aug. 12, 2020Court Split Over Driveshaft Patent Muddies Eligibility Question (Bloomberg Law)
Fri., Aug. 7, 2020Amici Urge Supreme Court to Grant Celgene’s Petition on Constitutionality of Retroactive IPRs (IPWatchdog)
Mon., Apr. 6, 2020Op-ed: When the patent system works (The Washington Times)
Thu., Apr. 25, 2019The Songwriting Industry and Antitrust Consent Decrees (Free Lunch Podcast)
Thu., Apr. 25, 2019Industry Insiders: Opinions mixed in aftermath of Supreme Court holding in Helsinn (IP Watchdog)
Wed., Jan. 23, 2019Podcast: Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc - Post-Argument SCOTUScast (The Federalist Society)
Fri., Dec. 14, 2018Op-ed: Making important patents worthless (The Washington Times)
Mon., Oct. 15, 2018Industry reaction to Supreme Court decision in Oil States v. Green Energy (IPWatchdog)
Tue., Apr. 24, 2018Op-ed: US takes one step forward, two steps back on innovation (The Hill)
Wed., Feb. 7, 2018Op-ed: Supreme Court must reinforce U.S. as preeminent innovation superpower (The Hill)
Mon., Nov. 27, 2017Fighting multiple fronts, Comcast awaits patent decision that could raise prices (Forbes)
Wed., Nov. 15, 2017Op-ed: The patent conundrum (Washington Times)
Sun., Oct. 1, 2017Law prof says FTC report on patent assertion entities is 'totally flawed' (Forbes)
Tue., Nov. 15, 2016What others are saying: FTC's PAE study (Innovation Alliance)
Mon., Nov. 14, 2016Op-ed: The FTC's PAE Study: Doing more harm than good (IPWatchdog)
Thu., Oct. 20, 2016Podcast: America Invents Act again at issue: Cuozzo Speed Technologies, LLC v. Lee (The Federalist Society)
Tue., Jun. 21, 2016Podcast: The Supreme Court rules, again (The Federalist Society)
Wed., Jun. 15, 2016Why the FTC study on PAEs is destined to produce incomplete and inaccurate results (IP Watchdog)
Wed., Apr. 20, 2016Attorney General's patent troll unit (WCVE)
Thu., Feb. 11, 2016Attorney General targeting 'patent trolls' (WRIC 8 News)
Tue., Feb. 2, 2016Patent 'reform': What we need first is a role reversal (ACS Blog)
Tue., Jan. 26, 2016The 5 W's regarding the need for H.R. 9 and patent reform (The Washington Times)
Sun., Jul. 26, 2015Taking aim at 'patent trolls' (Virginia Business)
Thu., Aug. 28, 2014Redskins trademark canceled by U.S. Patent and Trademark Office (NewsHub)
Thu., Jun. 19, 2014An emphatic "NO" to Justice Sotomayor's question on software patents in Alice Corp. v. CLS Bank (TechPolicyDaily.com)
Tue., Jun. 3, 2014Patent Case Could Upset International Law (The Daily Caller)
Mon., May. 5, 2014 - Links