Kristen Osenga

Austin E. Owen Research Scholar & Professor of Law

University of Richmond School of Law

Kristen Osenga

Austin E. Owen Research Scholar & Professor of Law

University of Richmond School of Law

Professor Kristen Jakobsen Osenga teaches at the University of Richmond School of Law 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.

Contributions

Deep Dive Episode 193 – Arthrex: The End of Patent Exceptionalism in the Administrative State?

August 18, 2021

An expert panel discusses the Supreme Court’s Arthrex decision and the effects it may have in patent and administrative law and the innovation economy.

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Arthrex: The End of Patent Exceptionalism in the Administrative State?

August 18, 2021

An expert panel discusses the Supreme Court’s Arthrex decision and the effects it may have in patent and administrative law and the innovation economy.

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Deep Dive Episode 167 – Courthouse Steps Oral Argument: United States v. Arthrex Inc.

March 9, 2021

Gregory Dolin, Dmitry Karshtedt, and Kristen Osenga join us to review oral arguments in United States v. Arthrex Inc.

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Deep Dive Episode 94 – FTC v. Qualcomm

March 12, 2020

In this episode, Kristen Osenga and F. Scott Kieff recap the district court’s decision, discuss the arguments likely to be made on appeal, and explore the bigger issues this case brings up for antitrust policy.

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Deep Dive Episode 89 – The New DOJ-USPTO-NIST Policy Statement on Remedies for Infringement of Standard-Essential Patents

February 21, 2020

In this episode, David Jones, Kristen Osenga, and Brad Watts discuss this new interagency policy statement and its potential impacts. Adam Mossoff moderates.

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Public Piracy of Private Property? Allen v. Cooper

November 4, 2019

The wreck of the Queen Anne’s Revenge, a ship captained by Blackbeard that sank in the early 18th century, sits underwater just off the coast of North Carolina.

Frederick Allen is the exclusive photographer and videographer of the wreck. In 2013, he found that North Carolina was using his footage on state websites without paying royalties – even though he had federal copyright protection for the material. After a settlement, the state continued to use the footage, and in a dispute now before the Court, Allen claims that the state agency officials are using video/photography materials disregarding due process and copyright law.

North Carolina argues that it is covered by sovereign immunity, and thus shielded from a suit over copyright violations.

Are members of a state agency exempt from copyright lawsuits in the name of state sovereign immunity?

The case will be argued before the U.S. Supreme Court on November 5.

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Over-regulation is Killing Medical Innovation – But it’s Not the Agency You Think

Kristen Osenga

April 30, 2019

While the FDA’s regulatory scheme may have some room for improvement, it is not the agency that is currently wreaking the most havoc on the pharmaceutical industry.  Instead, it is the FTC that is interfering with medical innovation.

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Deep Dive Episode 47 – The Songwriting Industry and Antitrust Consent Decrees

April 25, 2019

Kristen Osenga and Mark F. Schultz explore the antitrust consent decrees that have regulated a large part of the music business for eight decades.

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Moving the (Over-Regulated) Music Industry into Modern Times

Kristen Osenga

April 24, 2019

Music – whether it is pop, rock, country, rap, hip-hop, or any other genre – forms a large part of the human experience.  Music is nearly always present in movies, public places, and often our personal vehicles; we can access music through a variety of services and on numerous types of devices.

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Deep Dive Episode 10 – Is There a “Death Squad” at the U.S. Patent Office?: Examining the Patent Trial and Appeal Board

August 18, 2017

Josh Malone (Bunch O Balloons), Kristen Osenga (University of Richmond School of Law), and Brian O’Shaughnessy (Dinsmore & Shohl) discuss the USPTO’s Patent Trial and Appeal Board.

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