Andrew W. Torrance
Associate Professor of LawSubjects: Intellectual Property Law, Patent Law, Food and Drug Law,
and Biodiversity Law
Phone: 785-864-9222 E-mail: torrance@ku.edu
Profile
Andrew W. Torrance joined the KU Law faculty in 2005 and, in 2009, was named a Docking Faculty Scholar, a university-wide program established with a gift from the late Mrs. Meredith Docking to honor faculty members who have distinguished themselves in their early careers. He received his Ph.D. in biology from Harvard University in 1997 and is a 2000 graduate of Harvard Law School. He earned his Bachelor of Science from Queen’s University in Canada. In 2003, he was named the Hrdy Visiting Professor of Conservation Biology at Harvard University and taught Biodiversity: Science, Policy, and Law at Harvard University from 1999 until his arrival at KU.
He practiced biotechnology patent law at Fish and Richardson LLC, the world’s largest intellectual property law firm, after working as a summer associate at both Morrison & Foerster LLC and Fish & Richardson P.C. Next, he served as inhouse patent counsel at Inverness Medical Innovations, a global biotechnology company with headquarters in Boston, and helped start Stirling Medical Innovations, a cardiac diagnositics biotechnology company based in Scotland. He has presented his research across the United States, as well as in Canada, Finland, Scotland, England, France and Germany. His articles have been published in journals such as the Berkeley Technology Law Journal, the Columbia Science and Technology Law Review, the Georgetown International Environmental Law Review, and the Washington University Journal of Law and Policy. Several of his articles have been listed on SSRN (Social Science Research Network) Top Ten Lists. In the spring of 2009, Torrance was invited to present his research to the OECD (Organisation for Economic Cooperation and Development) at OECD Headquarters in Paris.
Since 2007, Torrance has run Biolaw: Law at the Frontiers of Biology, an annual conference that gathers leading scholars at KU Law to present their insights on the latest developments in biolaw. His interests in biology have led to research expeditions to Australia, New Zealand, Fiji, Hawaii, Banks Island in the Canadian High Arctic, and the Caribbean islands of Saint Thomas, Saint John, Jost van Dyke and Tortola. He has served as chairman of the Scientific and Creative Board of the Darwin Project, a major biodiversity institution planned for downtown Boston, is a member of the board of East Wind Power, and has assisted the BioBricks Foundation (BBF).
Torrance's research interests include intellectual property, patent law, innovation law, biotechnology, biolaw, food and drug law, biodiversity law, climate change law, and international environmental law. He teaches classes in intellectual property law, patent law, food and drug law, and biodiversity law. He served as marshall at the law school's December 2008 hooding ceremony after being elected for the role by the graduating class. Torrance was featured with Princeton geneticist Lee Silver in a Kansas Public Radio story about the emergence of biolaw as an academic field, was quoted in the Salina Journal on the subject of intellectual property protection of genetically modified crops, and was commissioned by the magazine BioIT World to analyze the ACLU’s lawsuit to overturn Myriad Genetics’ patents covering genetic tests for diagnosing susceptibility to breast and ovarian cancer.
Publications
19. Torrance, Andrew W., 2009, “Neurobiology and Patenting Thought,” IDEA: The Intellectual Property Law Review, Vol. 50 (50th Anniversary) (Invited). Accepted for publication.
18. Torrance, A.W., 2009, "Patenting People - Human Embryos, Genes, Thoughts, and Physiology as Intellectual Property," Columbia Science and Technology Law Review, Vol. 11. Accepted for publication.
17. Torrance, Andrew W., 2009, "Patent Rights and Civil Wrongs: The ACLU Lawsuit," Bio-IT World (July 2009) (Invited).
16. Torrance, Andrew W., 2009, "Gene Concepts, Gene Patents, and Gene Talk," Minnesota Journal of Law, Science & Technology. Accepted for publication.
15. Torrance, Andrew W., 2009, "Physiological Steps Doctrine," Berkeley Technology Law Journal, Fall 2008, Vol. 23, Issue 4, pp. 1471-1505.
14. Torrance, A.W., and Tomlinson, W.M., 2009, "Patents and the Regress of Useful Arts," Columbia Science and Technology Law Review, Vol. 10, pp. 130-168.
13. Torrance, Andrew W., 2009, "Open and Proprietary Biological Innovation in Human Genetic Enhancement," Washington University Journal of Law and Policy. Vol. 30, pp. 93-138. (Invited).
12. Torrance, Andrew W., 2008, “Patent Expertise and the Regress of Useful Arts,” Southern Illinois Law Review. Vol. 33, pp. 239-277. (Invited)
11. Torrance, Andrew W., 2008, "Patenting Human Evolution," Kansas Law Review, Vol. 56, pp. 1075-1102.
10. Torrance, Andrew W., 2008, “An Extinction Bar to Patentability,” Georgetown International Environmental Law Review, Winter 2008, Vol. 20, Issue 2, pp. 237-270.
9. Torrance, Andrew W., and McLean, Thomas, 2008, "Are the Brookhill-Wilk Patents Impediments to Market Growth in Cybersurgery?," International Journal of Medical Robotics and Computer Assisted Surgery, March 2008, Vol. 4, Issue 1, pp 3-9.
8. Torrance, Andrew W., 2007, "Metaphysics and Patenting Life," University of Missouri-Kansas City Law Review, Vol. 76, No. 2, pp. 363-403.
7. Torrance, Andrew W., 2007, "Intellectual Property as the Third Dimension of GMO Regulation," The Kansas Journal of Law and Public Policy, Spring 2007, Vol. 16, No. 3, pp. 257-285.
6. Torrance, Andrew W., 2007, "Patents to the Rescue – Disasters and Patent Law," DePaul Journal of Health Care Law, Vol. 10, No. 3, Spring 2007, pages 309-358.
5. Torrance, Wendy E.F., and Torrance, A.W., 2006, "Transnational Environmentalism: Spinning the Green Web," in Transnational Civil Society: An Introduction, Srilatha Batliwala and David Brown, eds. Kumarian Press.
4. Torrance, Andrew W., 2002, "After the Generush," Bio-IT World, Vol. 1, No. 9, pp. 80-81, November. Commissioned article to introduce special section.
3. Torrance, Andrew W,. 2001, " The E-Sign Act of 2000," Technology Law Alert, Vol. 27, No. 8, pp. 8-10, April.
2. Torrance, Andrew W., 2000, "Bioprospecting and the Convention on Biological Diversity," Food and Drug Law (Electronic book at http://www.law.harvard.edu/faculty/hutt/book_index.html).
1. "Evolution, Phylogeny, Biogeography, and Diversification of the Australasian Hydromyinae (Rodentia: Muridae)," 1997, Ph.D. Thesis, Biology, Harvard University, Cambridge, Mass.
Presentations
2010 | 2009 | 2008 | 2007 | 2006 | 2005
January
"An Extinction Bar to Patentability," Biodiversity Institute, Biodiversity Science Seminar Series, University of Kansas, Lawrence, Kan. (Invited).
"Intellectual Property and Entrepreneurship," Kauffman Global Scholars Program & Kauffman Global Faculty Program, Kauffman Foundation, Kansas City, Mo. (Invited)
Moderator and Speaker, "Biology Invading and Transforming Law," American Association of Law Schools (AALS) annual meeting, New Orleans, La.
November
“The Legal Possibilities of Synthetic Biology,” MIT Innovation Lab, MIT Sloan School of Management, Massachusetts Institute of Technology, Cambridge, Mass. (Invited)
“Biology as the Future of Law,” Biolaw 3.0: Law at the Frontiers of Biology conference, University of Kansas School of Law, Lawrence, Kan. (Host and presenter)
Empirical Studies of Patent Litigation Conference, Searle Center on Law, Regulation, and Economic Growth, Northwestern University, Chicago, Ill. (Invited faculty commentator)
October
"Patenting People - Human Embryos, Genes, Thought, and Physiology as Intellectual Property," Seventh Annual Intellectual Property Law Scholars Conference, Seton Hall School of Law, Newark, N.J.
"Patents and the Regress of Useful Arts," University of Iowa College of Law, Iowa City, Iowa (Invited)
September
“Patenting People and other Biotechnology Law Conundra,“ Tennessee Biotechnology Association, Annual Conference, Nashville, Tenn. (Invited)
“The Patent Game - An Online Interactive Simulation of the Patent System," guest lecture, UMKC School of Law, Kansas City, Mo. (Invited guest lecture).
August
“Patenting People - Human Embryos, Genes, Thought, and Physiology as Intellectual Property,” SEALS Annual Conference, Palm Beach, Fla. (Invited).
“Patenting People - Human Embryos, Genes, Thought, and Physiology as Intellectual Property,” Intellectual Property Scholars Conference, Cardozo Law School, New York, N.Y. (Competitively selected).
“Patenting People - Human Embryos, Genes, Thought, and Physiology as Intellectual Property,” Second Annual Innovation and Communication Law Conference, Louisville, Ky. (Invited).
June
“Synthesizing Law for Synthetic Biology,” Biotech Summer Institute at Drake University and Pioneer Hi-Bred, Des Moines, Iowa.
“Economics of Infant Commons” (with Professor Eric von Hippel, MIT Sloan School of Management), 7th Annual International Open and User Innovation Workshop, Hamburg University of Technology (TUHH) and Kühne School of Logistics, Hamburg, Germany.
Introduced Professor Eric von Hippel, keynote speaker, The Kauffman-OECD Workshop on New Practices in Entrepreneurship and Innovation, Ewing Marion Kauffman Foundation, Kansas City, Mo.
May
“Synthesizing Law for Synthetic Biology,” OECD (Organisation for Economic Cooperation and Development) Collaborative Mechanisms for Intellectual Property Management Workshop, OECD Headquarters, Paris.
“Patents and the Regress of Useful Arts,” workshop on Impacts of Open and User Innovation on Intellectual Property Law, sponsored by The MIT Innovation Lab, MIT Sloan School of Management, Massachusetts Institute of Technology, and The Berkman Center for Internet and Society, Harvard Law School, Cambridge, Mass.
“Neurobiology and Patenting Thought,” Gruter Institute Annual Conference on Law, Mind, and Brain, Gruter Institute, Squaw Valley, Calif.
April
“Protecting and Promoting Biotechnology Innovation,” Life Science Business, University of Kansas School of Business, Overland Park, Kan. (invited guest lecture).
“Metaphysics and Patenting Life,” 2009 SEAL (The Society for Evolutionary Analysis in Law) Conference, Vanderbilt University Law School, Nashville, Tenn.
“Patenting People – Human Embryos, Genes, Physiology, and Thought as Intellectual Property,” Baby Markets Roundtable, George Washington University Law School, Washington, D.C.
March
“The Patent Game”, Fish & Richardson P.C., Firm-wide Thursday Forum, Boston, Mass.
“Synthetic Biology – Law and the Next Open Source Hardware,” MIT Innovation Lab, MIT Sloan School of Management, Massachusetts Institute of Technology, Cambridge, Mass.
“Climate Change and the Changing Legal Climate,” Spencer Museum of Art, Lawrence, Kan.
“Patents and the Regress of Useful Arts,” Governance of New Technologies: The Transformation of Medicine, Information Technology and Intellectual Property, University of Edinburgh, Edinburgh, Scotland, United Kingdom.
February
“Patents and the Regress of Useful Arts,” Washington University School of Law Junior Faculty Regional Workshop, Saint Louis, Mo.
“Biotechnology Patents and the Regress of Useful Arts,” Stanford Law School, BioLaw and Health Policy Society, Palo Alto, Calif.
“Patent Expertise and the Regress of Useful Arts,” Intellectual Property Scholars Roundtable, Drake Law School, Des Moines, Iowa.
January
Introduction to "The Two Halves of Biolaw" panel, Association of American Law Schools Annual Meeting, San Diego, Calif.
“Intellectual Property and Entrepreneurship,” Kauffman Global Scholars Program, Kauffman Foundation, Kansas City, Mo.
December
Speaker, "The Patent Game," Polsinelli Shughart PC, lunchtime speaker to Intellectual Property Group, Kansas City, Mo.
November
Speaker, Biolaw 2.0: Law at the Frontiers of Biology Conference, University of Kansas School of Law, Lawrence, Kan.
October
Speaker, Midwest Law and Economics Association Annual Conference, Northwestern University School of Law, Chicago, Ill.
Speaker, Works In Progress In Intellectual Property 2008 Conference, Tulane University School of Law, New Orleans, La.
Speaker, University of Louisville School of Law, Louisville, Ky.
Speaker, University of Ottawa Faculty of Law, Ottawa, Ontario, Canada.
Speaker, Central States Law Schools Association, University of Southern Illinois School of Law, Carbondale, Ill.
September
Speaker, Midwest Law & Society Conference, University of Wisconsin, Madison.
Speaker, University of Oregon School of Law, Eugene, Ore.
August
"Patents and Regress in the Useful Arts," Harvard Business School-MIT User and Open Innovation Conference, Harvard Business School, Allston, Mass.
July
"Patents and Regress in the Useful Arts," Conference on Innovation and Communications Law, Turku University School of Law, Turku, Finland.
June
“PatentSim™ for Chemical Engineers,” American Institute of Chemical Engineers 2008 Process Development Symposium, The Berkshires, Hancock, Mass.
May
“Gene Patents and Gene Concepts,” STS and IP Law, co-sponsored by Stanford Law School and Berkeley Law School, Saint Helena, Calif.
“Patents and Disasters,” 2008 Joint Annual Meetings of Law and Society Association and Canadian Law and Society Association, Montreal, Canada.
April
“Open Source Biology as an Antidote to Proprietary Human Evolution,” Conference on Open-Source and Proprietary Models of Innovation, Washington University School of Law, Saint Louis, Mo.
“Mental Steps and Physiological Steps,” Junior Scholars Workshop on Neuroscience and Law, Stanford Law School, Palo Alto, Calif.
“Climate Change and the Changing Legal Climate,” University Lecture Series at the Commons, Hall Center for the Humanities, University of Kansas, Lawrence, Kan.
March
“An Extinction Bar to Patentability,” Boston College School of Law, Boston, Mass.
“Protecting and Promoting Biotechnology Innovation” (guest lecture), Life Science Business, University of Kansas School of Business, Lawrence, Kan.
February
“Tribal Sovereign Immunity from Patent and Copyright Infringement," 12th Annual Tribal Law and Government Conference, Tribal Law & Government Center, University of Kansas School of Law, Lawrence, Kan.
“Physiological Steps Doctrine,” 2007 MSU IP & Communication Law Scholars Workshop, Michigan State University School of Law, East Lansing, Mich.
“Metaphysics and Patenting Life,” Intellectual Property Scholars Roundtable, Drake University School of Law, Des Moines, Iowa.
January
“Intellectual Property and Biodiversity Conservation,” 2008 American Association of Law Schools Annual Meeting, New York, N.Y.
“PatentSim™ and Entrepreneurship,” Kauffman Global Scholars Program, Kauffman Foundation, Kansas City, Mo.
November
“Patent Our Future,” Biolaw – Law at the Frontiers of Biology, University of Kansas School of Law, Lawrence, Kan.
October
“Protecting and Promoting Biotechnology Innovation” (guest lecture), Life Science Business, University of Kansas School of Business, Overland Park, Kan.
“Endangered Species and Climate Change – Aiming the Law at Moving Targets,” Facts, Ideas, and U.S. Climate Change Policy: A Conference on Climate Change, Center for Progressive Reform and University of Kansas School of Law, Lawrence, Kan.
“Patent Law Reform” (panelist with Professors Mark Lemley and Christopher Holman), Hot Topics in Intellectual Property Law, UMKC School of Law, Kansas City, Mo.
“Patenting Human Evolution,” Law, Ethics, and the Life Sciences, Louisville University School of Law, Louisville, Ky.
September
“An Interactive Patent System Simulation (PatentSim™): Initial Empirical Results,” 2007 Works In Progress In Intellectual Property 2007, American University School of Law, Washington, D.C.
August
"An Interactive Patent System Simulation (PatentSim™)" (invited plenary presention), 2007 Intellectual Property Scholars Conference, DePaul University College of Law, Chicago, Ill.
April
“Patent Law Update 2007,” 2007 Intellectual Property CLE, Kansas Bar Association, Overland Park, Kan.
March
Invited Conference Fellow, 2007 What If? In Intellectual Property Conference, Michigan State University School of Law, East Lansing, Mich.
February
"Intellectual Property in Taiwan,” Intercollegiate Taiwanese American Students Association (ITASA) 2007 East Coast Conference, Harvard University, Cambridge, Mass.
“Patent and Copyright Law,” University of Kansas Libraries Intellectual Property Symposium, University of Kansas, Lawrence, Kan.
"Intellectual Property, Conservation, and Sustainability” (moderated and presented), American Association for the Advancement of Science (AAAS) 2007 Annual Meeting, San Francisco, Calif.
January
"Tribal Sovereign Immunity from Patent Infringement,” 2007 Intellectual Property Scholars Roundtable, Michigan State University School of Law, East Lansing, Mich.
Interviews
May 2009
Salina Journal, Salina, KS, "K-State: Farmers' seed use is illegal"
November 2008
Kansas Public Radio, "The New Frontier of Biolaw" (with Professor Lee M. Silver) LISTEN
August 2008
WREK, "Inside the Black Box" (Topic: "The Patent Game") LISTEN
May 2007
ABC Television News, Topeka, KS (Topic: Defenses to copyright infringement)
March 2007
Kansas City Star (Topic: Legal blogging)
January 2004
Radio One, United States Virgin Islands (Topic: Biodiversity conservation priorities in the United States Virgin Islands)
December 2003
Harvard Political Review, December 2003. By Luke Appling for Under the Boardwalk: U.S. cities are significantly contributing to the destruction of tropical rainforests.
Blogs and Listservs
Biolaw Blog (www.biolaw.blogspot.com)(Cofounder and contributor). Biolaw Listserv (Founder, moderator, and contributor).
Research Interests
Intellectual property, patent law, innovation law, biotechnology, biolaw, food and drug law, biodiversity law, climate change law, international environmental law.
Courses Taught
Intellectual Property Law, Patent Law, Biodiversity Law, Food and Drug Law.
Education
J.D., Harvard Law School, 2000; Ph.D., Biology, Harvard University, 1997; A.M., Biology, Harvard University, 1994; B.Sc., Biology, Queen’s University, 1991.
Admitted
Commonwealth of Massachusetts, 2001; United States Patent and Trademark Office, 2001.
Career History
Patent Counsel, Inverness Medical Innovations, 2004-2005; Associate, Fish and Richardson LLC, 2000-2004; Hrdy Visiting Professor of Conservation Biology, Department of Organismic and Evolutionary Biology, 2003, Harvard University; Lecturer, “Biodiversity: Science, Policy, and Law”, Harvard University, 1999-2005.
Member
American Bar Association, Massachusetts Bar Association, American Intellectual Property Law Association, American Association for the Advancement of Science.
