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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
Profile

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.

Presentations
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 Standarization," 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 Confernce- 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)
Memberships
Member, American Intellectual Property Law Association
Member, Federalist Society
Bar Admissions
Registered Patent Attorney, United States Patent & Trademark Office
District of Columbia (inactive)
Professional Experience
Austin E. Owen Research Scholar & 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
Visiting Professor of Law (2009 - 2013)
William & Mary School of Law, Williamsburg, VA
Associate Professor of Law (2009 - 2012)
University of Richmond School of Law, Richmond, VA
Assistant Professor of Law (2006 - 2009)
University of Richmond School of Law, Richmond, VA
Visiting Professor of Law (2007 - 2007)
Emory University School of Law, Atlanta, GA
Visiting Assistant Professor of Law (2004 - 2006)
Chicago-Kent College of Law, Chicago, IL
Clerk, the Hon. Richard Linn (2002 - 2004)
U.S. Court of Appeals for the Federal Circuit, Washington, DC
Associate 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 - 2007)
Publications
Journal Articles

Patent-Eligible Subject Matter... Still Wielding the Wrong Weapon -12 Years Later, 60 IDEA 104 (2020).

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

The Problem with PTAB's Power Over Section 101, 17 Chicago-Kent Journal of Intellectual Property 405 (2018).

Debugging Software's Schemas, 82 George Washington Law Review 1832 (2014).

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).

The PTOs Fast Track Takes Us in the Wrong Direction, 2010 Patently-O Patent Law Journal (2010).

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).

Linguistics and Patent Claim Construction, 38 Rutgers Law Journal 61 (2006).

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 Chapters

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 IP and Sustainable Markets (Edward Elgar Publishing) (with Joel Eisen) (2019).

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 Reviews

Book Review - Kingston's "Beyond Intellectual Property: Matching Information Protection to Innovation", The IP Law Book Review 85 (February 2011).

Magazine/Trade Publications

Policy Makers Must Realize Not All Licensing-Brand Businesses Are the Same, Intellectual Asset Management 15 (2014).

Newspaper Articles

When 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).

Additional Publications

Creativity and Innovation Unchained: Why Copyright Law Must be Updated for the Digital Age by Simplifying, Regulatory Transparency Project of the Federalist Society (The Federalist Society) (with Alden Abbott et al.) (October 2017).

Crippling the Innovation Economy: Regulatory Overreach at the Patent Office, Regulatory Transparency Project of the Federalist Society (The Federalist Society) (with Alden Abbott et al.) (August 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

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 (TechPolicyDaily.com)
Tue., Jun. 3, 2014

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

Education
M.S., Southern Illinois University 2001
J.D., University of Illinois College of Law 2000
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