Kristen Jakobsen Osenga
Professor of Law
Courses Taught Patent Law Trademark & Unfair Competition Law International Intellectual Property Property Law Legislation & Regulation
Profile

Professor Kristen Jakobsen Osenga teaches and writes in the areas of intellectual property, patent law, law and language, and legislation and regulation. Her scholarship focuses on the intersection between law and linguistics in patent claim construction as well as other aspects of patent law and has appeared in a number of venues. Professor Osenga is a frequent speaker at symposiums on patent law and intellectual property and has made numerous presentations to academics and practitioners on these topics. Prior to joining academia, she practiced patent law and clerked for Judge Richard Linn of the Court of Appeals for the Federal Circuit. She has also been a Visiting Professor at Emory University School of Law and at William & Mary School of Law. 

Presentations
Panelist, "The Nature of the Firm in the Innovation and Creative Industries," "Common Ground: How Intellectual Property Unites Creators and Innovators," George Mason University School of Law (Oct. 2014).

(Selected)

Communicating Communications Policy, Invited Speaker, 2012 TPRC: 40th Research Conference on Communication, Information and Internet Policy (George Mason University School of Law, September 2012)

Communicating Communications Policy, Twelfth Annual Intellectual Property Scholars Conference (Stanford Law School, August 2012)
A Rhetorical View of Claim Construction, Second Annual Patent Conference (works in progress) (Boston College Law School, May 2012)
The Shape of Things to Come: What We Can Learn from Patent Claim Length, Eleventh Annual Intellectual Property Scholars Conference (DePaul University College of Law, August 2011)
Panelist (invited), Intellectual Property & Human Rights, Symposium: The Global Impact and Implementation of Human Rights Norms (University of the Pacific, McGeorge School of Law, March 2011)
A Penguin's Defense of the Doctrine of Equivalents, Invited Speaker, Plain Meaning in Context: Can Law Survive its Own Language? (NYU School of Law, February 2011)
Designations
Registered Patent Attorney, United States Patent & Trademark Office
Memberships
American Intellectual Property Law Association
Federalist Society
Bar Admissions
Registered Patent Attorney, United States Patent & Trademark Office
District of Columbia (inactive)
Professional Experience
Professor of Law (2012-present)
University of Richmond School of Law, Richmond, Va.
Associate Professor of Law (2009-12)
University of Richmond School of Law, Richmond, Va.
Assistant Professor of Law (2006-09)
University of Richmond School of Law, Richmond, Va.
Visiting Professor of Law (Fall 2009, Fall 2010, Fall 2011, Fall 2012, Fall 2013)
William & Mary Law School, Williamsburg, Va.
Visiting Professor of Law (Fall 2007)
Emory University School of Law, Atlanta, Ga.
Visiting Assistant Professor of Law (2004-06)
Chicago-Kent College of Law, Chicago, Illinois
Clerk to the Hon. Richard Linn (2002-04)
United States Court of Appeals for the Federal Circuit – Washington, D.C.
Associate Attorney (2000-02)
Finnegan, Henderson, Farabow, Garrett & Dunner LLP, Washington, D.C.
Institutional Service

Academic

Invited Peer Referee, Journal of Information Policy (Spring 2013)
Invited Peer Referee, Journal of Law, Economics & Policy (Spring 2013)
Invited Peer Referee, Script-ed – a Journal of Law, Technology & Society (Spring 2012)
Faculty Learning Committee participant (academic year 2011-2012)
Invited Peer Referee, U. Ill. J. L. Tech. & Pol’y (Spring 2011)
University Faculty Council (Fall 2010-present)
Languages Across the Curriculum Advisory Board (Fall 2010-present)
Invited Peer Referee, Jurimetrics (Spring 2010)
University Committee on Committees (Fall 2009-present, Chair 2012-2013)
Editorial Board member, AIPLA Quarterly Journal (Fall 2007-Fall 2010)
Curriculum Committee member (Fall 2007-present)
Student Affairs Committee member (Fall 2011 – Spring 2012)
Clerkship Committee member (Fall 2012 – present, Chair)
Student Travel Fund Committee member (Fall 2012 – present)
Clinical Hiring Committee member (Fall 2012)
Coach and faculty advisor, Intellectual Property Moot Court program (Fall 2006-present)

Professional

Member, Working Group, US PTO Operations Recommendations, U.S. Chamber of Commerce (2009)
Member, Statutory Subject Matter Subsection of Patent Committee, AIPLA (Spring 2009 – present)

Publications
Articles

Debugging Software's Schemas, __ G.W. L. Rev. __ (forthcoming 2014).

Formerly Manufacturing Entities – Not Your Typical Patent Trolls, 47 Conn. L. Rev. ___ (forthcoming 2014).

The Internet is Not a Super Highway: Using Metaphors to Communicate Information and Communications Policy, 3 J. Info. Pol'y 30 (2013). [Journal]

Get the Balance Right!: Squaring Access With Patent Protection, 25 Pac. McGeorge Global Bus. & Dev. L.J. 309 (2012) (invited symposium essay). [L] [W] [HEIN]

What Do America's First Patents Have to Do with Today's?, invited response in Florida Law Review Forum (Fall 2012). [Journal]

The Shape of Things to Come: What We Can Learn from Patent Claim Length, 28 Santa Clara Computer & High Tech L.J. 617 (2012). [Journal] [L] [W] [HEIN]

A Penguin's Defense of the Doctrine of Equivalents, 6 N.Y.U. J.L. & Liberty 313 (2011). [Journal] [L] [W] [HEIN]

Cooperative Patent Prosecution: Viewing Patents through a Pragmatics Lens, 85 St. Johns L. Rev. 115 (Winter 2011). [Journal] [L] [W] [HEIN]

The PTOs Fast Track Takes Us in the Wrong Direction, 2010 Patently-O Patent L.J. 89.

Recent Developments in Patent Law, 3 Akron Intell. Prop. J. 303 (2009). [Journal] [HEIN]

Information May Want to Be Free, but Information Products Do Not: Protecting and Facilitating Transactions in Information Products, 30 Cardozo L. Rev. 2099 (2009). [Journal] [L] [W] [HEIN]

Ants, Elephant Guns, and Statutory Subject Matter, 39 Ariz. St. L.J. 1087 (2007). [SSRN] [L] [W] [HEIN]

Rembrandts in the Research Lab: Why Universities Should Take a Lesson from Big Business to Increase Innovation, 59 Me. L. Rev. 407 (2007). [Journal] [L] [W]

Linguistics and Claim Construction, 38 Rutgers L. J. 61 (2006). [Journal] [L] [W] [HEIN]

Entrance Ramps, Tolls, and Express Lanes – Proposals for Decreasing Traffic Congestion in the Patent Office, 33 Fla. St. U. L. Rev. 119 (2005). [Journal] [SSRN] [L] [W] [HEIN]

Rethinking Reexamination Reform: Is it time for corrective surgery or is it time to amputate?, 14 Fordham Intell. Prop. Media & Ent. L.J. 217 (2003). [Journal]  [L] [W] [HEIN]

Chapters

Still Aiming at the Wrong Target: A Case for Business Method and Software Patents from a Business Perspective, in Perspectives on Patentable Subject Matter (Michael Abramowicz, F. Scott Kieff & James E. Daily eds., Cambridge Univ. Press, forthcoming 2014).

Information May Want to Be Free, but Information Products Do Not: Protecting & Facilitating Transactions in Information Products (reprint), in Intellectual Property & Digital Content (Richard S. Gruner, ed., for the Critical Concepts in Intellectual Property Law series (Robert P. Merges, ed.), Edward Elgar Press, 2013).

The Componentization of Information, in Feist, Facts, and Functions (Robert Brauneis ed., Edward Elgar Press, 2009).

Reviews

Book Review, The IP Law Book Review, Feb. 2011, at 85 (reviewing William Kingston, Beyond Intellectual Property: Matching Information Protection to Innovation).

Additional Publications
Note, Space-Age Medicine, Stone-Age Government: How Medicare Reimbursement of Telemedicine Services is Depriving the Elderly of Quality Medical Treatment, 8 Elder L.J. 151 (2000). [Journal] [L] [W] [HEIN]

Education
J.D., University of Illinois College of Law 2000
M.S., Southern Illinois University 2001
B.S.E., University of Iowa 1994
Contact Information
(804) 289-8112
(804) 289-8992 (Fax)
Areas of Expertise
Patent Law
Intellectual Property Law
Law and Language
Legislation and Regulation