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 Kristen Jakobsen Osenga
Kristen Jakobsen Osenga
Austin E. Owen Research Scholar & Professor of Law
Courses Taught Patent Law Trademark & Unfair Competition Law International Intellectual Property Property Law Legislation & Regulation

Professor Kristen Jakobsen Osenga teaches and writes in the areas of intellectual property, patent law, law and language, and legislation and regulation. Some of her recent scholarship focuses on patent eligible subject matter, patent licensing firms, standard setting organizations, patent law reform, and claim construction. 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 patent-related issues at many academic conferences and bar events. Professor Osenga is an active member of the Federal Circuit Bar Association and the American Intellectual Property Law Association.  

Professor 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, 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.

Panelits, "FTC v. Qualcomm," Litigation Update, Federalist Society (Feb. 2020).
Panelist, "Innovation Capital: The Organizational Logic of Intellectual Property," Classical Liberal Institute (NYU) and the Hoover Institution (Stanford), Stanford Law School (Jan. 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, George Mason Antonin Scalia Law (Oct. 2019).
Panelist, "Balance, Transparency & Reasonableness: Converging Approaches to SEP Licenses and FRAND Royalties," Patent Masters Symposium, IP Watchdog, Arlington, Virginia (Sept. 2019).
Moderator, "Hot Topics in High-Tech Innovation: Policy & Legal Issues in Standardization," CPIP Summer Institute, Center for the Protection of Intellectual Property, Beaver Creek, Colorado (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, Beaver Creek, Colorado (July 2019).
Presenter, "Trademarks and Wine," Greater Richmond IP Law Association, University of Richmond School of Law, Richmond (April 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, Concord, New Hampshire (April 2019)
Moderator, "7-Minute Presentations of Works in Progress," 21st Annual Faculty Conference - Federalist Society, Federalist Society, New Orleans (Jan. 2019).
Moderator, "Dispatches from the Patent Wars: The High-Stakes Battle Between Qualcomm and Apple," Federalist Society Teleforum, Federalist Society, Washington, D.C. (Jan. 2019).
Presenter, "The Realpolitik of IP," AALS Annual Meeting, Association of American Law Schools, New Orleans (Jan. 2019).
Moderator, "New Technologies, Business Models, & Standards," CPIP 6th Annual Meeting, George Mason University Scalia School of Law (Oct. 2018).
Keynote Speaker, "Moving the 101 Ball Forward," BIO IP & Diagnostics Symposium, Alexandria (Sept. 2018).
Presenter, "Seeking Patent Clarity," Roundtable on Empirical Methods in Intellectual Property, Northwestern School of Law, Chicago (May 2018).
Panelist, "The PTAB's Effect on Patent Law," The Power of PTAB Symposium, Chicago-Kent College of Law (Oct. 2017).
Presenter, "Institutional Design for Innovation: Better Solutions for Addressing 101 Statutory Subject Matter," Entrepreneurship 2.0, Nova Southeastern Law School, Fort Lauderdale, Florida (Oct. 2017).
Panelist, "Patent Law & Antitrust," The Federalist Society IP Practice Group Teleforum (Sept. 2017).

Panelist, "Is there a 'Death Squad' at the U.S. Patent Office? Examining the Patent Trial and Appeal Board," Regulatory Transparency Project Teleforum (Aug. 2017).

Moderator, "Fostering Innovation and Creativity in the Face of Increased Antitrust Scrutiny," Center for the Protection of Intellectual Property, Antonin Scalia School of Law at George Mason University, Summer Institute at Beaver Creek, Colorado (July 2017)

Round Table Participant, "Research Colloquium on Philosophical Approaches to Intellectual Property," Center for the Protection of Intellectual Property, Antonin Scalia School of Law at George Mason University (May 2017).

Moderator, "Does there need to be reform of the regulatory reform?" The New Role of the Administrative State in the Innovation Economy, Antonin Scalia School of Law atGeorge Mason University Center for the Study of the Administrative State/Center for the Protection of Intellectual Property (May 2017).

Presenter, "Perceptions & Realities - Examining Patent Troll Narratives in the Media," Stanford Patent Litigation Symposium (May 2017).

Moderator, "Impression Products v. Lexmark International and the Law of Patent Exhaustion," Federalist Society Teleforum (March 2017).

Panelist, "FTC’s 6(b) Patent Assertion Entity Study," Federalist Society Teleforum (Oct. 2016).

Participant, Center for the Protection of IP Roundtable, CPIP Summer Institute, Seattle, Wa. (Aug. 2016).

Presenter, "A Closer Look at TIA Standards in the Field of Mobile Technology," Fourth Annual Research Roundtable on Technology Standards, Northwestern Pritzker School of Law Searle Center on Law, Regulation, and Economic Growth (May 2016).

Commentator, MSU Junior Scholar IP Workshop, Michigan State University School of Law (May 2016).

Presenter, "Works-in-Progress: Cooperation and Collaboration in Innovation," Edison Fellowship Meeting, Center for the Protection of IP, Orlando, Fla. (Jan. 2016).

Panelist, "Mobile Tech," IP Platform Conference, George Mason University School of Law's Center for Protection of Intellectual Property (Sept. 2015)

Panelist, "Is It Time for a New Patent Law? A Debate," The Heritage Foundation (May 2015)

Presenter, "Patent Reform Update: Studying the Studies on Patent Litigation," The Federalist Society, Washington, D.C. (April 2015)

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).

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)

Registered Patent Attorney, United States Patent & Trademark Office
American Intellectual Property Law Association
Federalist Society
Bar Admissions
Registered Patent Attorney, United States Patent & Trademark Office
District of Columbia (inactive)
Professional Experience
Austin E. Owen Research Scholar and Professor of Law (2019-Present)
University of Richmond School of Law, Richmond, Va.
Professor of Law (2012-2019)
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


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)


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)


Institutional Design for Innovation: A Radical Proposal for Addressing Section 101 Patent-Eligible Subject Matter, 17 68 Am. U. L. Rev. 1191 (2019).

The Problem with PTAB's Power Over Section 101, 17 Chi.-Kent J. Intell. Prop. 405 (2018).

Debugging Software's Schemas, 82 G.W. L. Rev. 1832 (2014).

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

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

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

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

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

Ants, Elephant Guns, and Statutory Subject Matter, 39 Ariz. St. L.J. 1087 (2007). 

Linguistics and Claim Construction, 38 Rutgers L. J. 61 (2006).


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 (Michael Abramowicz, F. Scott Kieff & James E. Daily eds., Cambridge Univ. Press, 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).


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

Additional Publications

What Happened to the Public's Interest in Patent Law, 19 Federalist Society Review (2018).

"Creativity and Innovation Unchained: Why Copyright Law Must be Updated for the Digital Age by Simplifying It," A. Abbott, et al., Regulatory Transparency Project of the Federalist Society (Oct. 2017).

In the News

Op-ed: When the patent system works (The Washington Times)
Thu., Apr. 25, 2019

The Songwriting Industry and Antitrust Consent Decrees (Free Lunch Podcast)
Thu., Apr. 25, 2019

Industry Insiders: Opinions mixed in aftermath of Supreme Court holding in Helsinn (IP Watchdog)
Wed., Jan. 23, 2019

Podcast: Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc - Post-Argument SCOTUScast (The Federalist Society)
Fri., Dec. 14, 2018

Op-ed: Making important patents worthless (The Washington Times)
Mon., Oct. 15, 2018

Industry reaction to Supreme Court decision in Oil States v. Green Energy (IPWatchdog)
Tue., Apr. 24, 2018

Op-ed: US takes one step forward, two steps back on innovation (The Hill)
Wed., Feb. 7, 2018

Op-ed: Supreme Court must reinforce U.S. as preeminent innovation superpower (The Hill)
Mon., Nov. 27, 2017

Fighting multiple fronts, Comcast awaits patent decision that could raise prices (Forbes)
Wed., Nov. 15, 2017

Op-ed: The patent conundrum (Washington Times)
Sun., Oct. 1, 2017

Podcast: Courthouse steps: Impression Products, Inc. v. Lexmark International, Inc.
Wed., Jun. 14, 2017

Law prof says FTC report on patent assertion entities is 'totally flawed' (Forbes)
Tue., Nov. 15, 2016

What others are saying: FTC's PAE study (Innovation Alliance)
Mon., Nov. 14, 2016

Op-ed: The FTC's PAE Study: Doing more harm than good (IPWatchdog)
Thu., Oct. 20, 2016

Podcast: America Invents Act again at issue: Cuozzo Speed Technologies, LLC v. Lee (The Federalist Society)
Tue., Jun. 21, 2016

Podcast: The Supreme Court rules, again (The Federalist Society)
Wed., Jun. 15, 2016

Why the FTC study on PAEs is destined to produce incomplete and inaccurate results (IP Watchdog)
Wed., Apr. 20, 2016

Attorney General's patent troll unit (WCVE)
Thu., Feb. 11, 2016

Attorney General targeting 'patent trolls' (WRIC 8 News)
Tue., Feb. 2, 2016

Patent 'reform': What we need first is a role reversal (ACS Blog)
Tue., Jan. 26, 2016

The 5 W's regarding the need for H.R. 9 and patent reform (The Washington Times)
Sun., Jul. 26, 2015

Taking aim at 'patent trolls' (Virginia Business)
Thu., Aug. 28, 2014

Redskins trademark canceled by U.S. Patent and Trademark Office (NewsHub)
Thu., Jun. 19, 2014

An emphatic "NO" to Justice Sotomayor's question on software patents in Alice Corp. v. CLS Bank (
Tue., Jun. 3, 2014

Patent Case Could Upset International Law (The Daily Caller)
Mon., May. 5, 2014

J.D., University of Illinois College of Law 2000
M.S., Southern Illinois University 2001
B.S.E., University of Iowa 1994
Contact Information
Room 113, Law School
(804) 289-8112
(804) 289-8992 (Fax)
Areas of Expertise
Patent Law
Intellectual Property Law
Law and Language
Legislation and Regulation