Andrew W. Torrance

Professor of Law
Docking Faculty Scholar
Primary office:
785-864-9222
504 Green Hall

Andrew W. Torrance received his Ph.D. in Biology from Harvard University in 1997, J.D. from Harvard Law School in 2000, and Bachelor of Science from Queen’s University (Canada) in 1991. He joined the University of Kansas School of Law in 2005 as Associate Professor. In 2009 he was named a Docking Faculty Scholar, a university-­wide program that honors faculty members who have distinguished themselves in their early careers, and in 2011 he was promoted to tenured Full Professor. At KU Torrance served as a member of the Faculty and University Executive Councils (2010-­2013), and as the elected President of the Faculty Senate (2012-­2013). Prior to his arrival at KU, Torrance taught at Harvard University as Eliot House Resident Tutor in Biology and Law (1993-­2000), Tutor in Biology (1999-­2005), and Hrdy Visiting Professor of Conservation Biology (2003). In addition, he has been a Fellow in Law, Innovation, and Growth at the Searle Center at Northwestern University Law School (2009-­2010), a Manza Scholar at the DePaul University College of Law School (2010), a Visiting Professor at the University of Washington School of Law (2011-­2012), a Visiting Distinguished Professor at the University of Toronto Faculty of Law (2014), and a Visiting Scholar in Behavioral and Policy Sciences at the MIT Sloan School of Management since 2011. In 2008, Torrance served as a policy advisor to presidential candidate Barack H. Obama on his Technology, Media, and Telecommunications Committee.

Professor Torrance teaches and conducts research in patent law, intellectual property, innovation, food and drug regulation, biotechnology law, biodiversity law, biolaw, and empirical, experimental, and big data approaches to the law. Specific research foci include open, user, and collaborative innovation, design, and legal issues surrounding genes, biotechnology, genetically-­modified organisms, synthetic biology, conservation biology, and de-extinction. Torrance has given more than 100 scholarly presentations at numerous universities, research organizations, governments, and intergovernmental agencies in seven countries. His invited presentations have included a Google TechTalk at Google’s main Mountain View campus in California (posted on the Google TechTalk channel as “The Patent Game: Experiments in the Cathedral of Law”), a research talk at Microsoft Research in Seattle, two speeches at the Organization for Cooperation and Development (“OECD”) at their Paris, France, headquarters, keynote addresses for Genome Canada and the European Policy for Intellectual Property (EPIP) annual conference, and two presentations to the National Academies in Washington, D.C. Torrance has published more than 25 scholarly works. His scholarship has appeared in such journals as the Yale Journal of Law and Technology, the Stanford Technology Law Review, the Columbia Science and Technology Law Review and the Berkeley Technology Law Journal. He was commissioned in 2012 to write a report for the National Academies. Torrance and his research have been regularly featured in the media, including NPR, Forbes, the Seattle
Times
, the San Francisco Chronicle and Voice of Russia.

Torrance practiced biotechnology patent law at Fish & Richardson PC, the world’s largest intellectual property law firm, after working as a summer associate at both Morrison & Foerster LLC and Fish & Richardson P.C. He served as in-house patent counsel at Inverness Medical Innovations, a global biotechnology company with headquarters in Boston, and as the first in-house patent counsel at Stirling Medical Innovations, a cardiac diagnostics biotechnology company based in Scotland. He is a board member at several companies and nonprofit organizations. Torrance founded the annual Biolaw Conference, and co-founded the leading annual patent conference, PatCon.

Courses Taught:
  • Intellectual Property Law
  • Patent Law
  • Food and Drug Law
  • Biodiversity Law
  • Biolaw

 

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 was also a 2009-10 Fellow in Law, Innovation and Growth at the Searle Center at Northwestern University Law School. In August of 2010, Torrance was invited by Google Inc. to give a Google TechTalk at Google’s main Mountain View campus in California; Google posted his entire presentation, “The Patent Game: Experiments in the Cathedral of Law,” on its YouTube Google TechTalk channel. Torrance is often featured by prominent news outlets, including Forbes the Seattle Times and the San Francisco Chronicle. See below for a complete list of his media appearances. 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.

Torrance practiced biotechnology patent law at Fish and Richardson PC, 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 diagnostics 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. An article in the Chronicle of Higher Education referenced the Patent Game project that Torrance is collaborating on with William Tomlinson at the University of California-Irvine. Recently, he has been quoted extensively in the Kansas City Star ("Patent lawyers give your big idea an edge"), the Chicago Lawyer ("Bringing predictability to the patent world"), the San Francisco Chronicle ("Patents' growing role in battle of mobile"), and Dow Jones Newswires ("Biogen sues MS drug makers, citing Avonex patent"). The National Public Radio station KCUR broadcast an interview with Torrance ("Legal roadblocks to copyrighting natural remedies") on its program "KC Currents." Torrance was quoted in an ABC 49 News story about the Westboro Baptist Church being under fire for potential copyright infringement for its parody of the song "We Are the World" and in the Seattle Times on the use of patents as a strategy for technology companies.

35. Torrance, Andrew W., and von Hippel, Eric, 2012/2013, "Innovation Wetlands" (In preparation)

34. Torrance, Andrew W., 2012, "A New Dawn for Patent Law," Research Technology Management (Invited; in preparation).

33. Torrance, Andrew W., 2012, "Nothing Under the Sun that is Made of Man," In Kesan, Jay (Ed.), "Diamond v. Chakrabarty at Thirty," Oxford University Press (Invited; Forthcoming).

32. Torrance, Andrew W., 2012, "Moving Away from Beauty as a Factor in Design Patent Validity," Patently-O, (Invited adaptation of "Beauty Fades: An Experimental Study of Federal Court Design Patent Aesthetics").

31. Torrance, Andrew W., 2012, “Ideas for Growth – An Essay in Honor of Gordon J. Getty,” (Invited; Published in a bound volume by the Gruter Institute).

30. Torrance, Andrew W., and Kahl, Linda J., 2012, "Synthetic Biology Standards and Intellectual Property," (Commissioned; May be forthcoming in National Academies Press).

29. Torrance, Andrew W., 2012, "Will Innovation Thrive Without Patents? – A Natural Experiment in Biotechnology," Harhoff, Dietmar, and Lakhani, Karim eds., Festschrift in honor of Eric Von Hippel, MIT Press (Invited; Forthcoming).

28. Torrance, Andrew W., 2012, "Nothing Under the Sun that is Made of Man," in "Diamond v. Chakrabarty at Thirty," Jay Kesan ed., Oxford University Press (Invited; Forthcoming).

27. Torrance, Andrew W., 2012, "The Revolution in Regulation of Genetically Modified Organisms," Idaho Law Review (Invited; Forthcoming).

26. Torrance, Andrew W., 2012, "The Future of Design Patent Law," Georgia Intellectual Property Law Review (Invited; Forthcoming).

25. Torrance, Andrew W., and Tomlinson, Bill, 2011, "Property Rules, Liability Rules, and Innovation – One Experimental View of the Cathedral," Yale Journal of Law and Technology, Vol. 14, No. 1, pp. 138-161.

24. Torrance, Andrew W., 2011, "DNA Copyright," Valparaiso Law Review (Invited; Forthcoming).

23. Torrance, Wendy E.F., and Torrance, A.W., 2011, "Spinning the Green Web: Transnational Environmentalism," in "Global Activism Reader," pp. 221-235, Luc Reydams ed. The Continuum International Publishing Group (Updated reprint of 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).

22. Torrance, Andrew W., 2011, "Family Law and the Genomic Revolution," UMKC Law Review, Winter 2011, Vol. 79, No. 2, pp. 271-282 (Invited).

21. Torrance, Andrew W. 2010, Book Review: "Human Rights and the WTO: The Case of Patents and Access to Medicines," by Holger Hestermeyer, "The IP Book Law Review," Vol. 1, No. 1 (June 2010), pp. 46-49.

20. Torrance, Andrew W., 2010, "Synthesizing Law for Synthetic Biology," Minnesota Journal of Law, Science and Technology, Vol. 11, No. 2, pp. 629-65 (special "Rising Stars Symposium" issue) (Invited).

19. Torrance, Andrew W., 2010, "Patent Law, HIPPO, and the Biodiversity Crisis," The John Marshall Review of Intellectual Property Law, Vol. 9, pp. 624-656 (special "Green Patents" issue) (Invited).

18. Torrance, Andrew W., 2009, "Neurobiology and Patenting Thought," IDEA: The Intellectual Property Law Review, Vol. 50, pp. 27-48 (50th Anniversary) (Invited).

17. Torrance, Andrew W., 2009, "Patent Rights and Civil Wrongs: The ACLU Lawsuit," Bio-IT World, Vol. 8, pp. 11-13 (July 2009) (Cited in TecTrends).

16. Torrance, Andrew W., 2009, "Gene Concepts, Gene Patents, and Gene Talk," Minnesota Journal of Law, Science and Technology, Vol. 11, No. 1, pp. 157-191.

15. Torrance, Andrew W., 2009, "Physiological Steps Doctrine," Berkeley Technology Law Journal, Fall 2008, Vol. 23, Issue 4, pp. 1471-1505. (Ranked in an SSRN top 10 list; cited on Lawrence Solum's Legal Theory Blog)

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. (Reviewed in BusinessWeek (online), Forbes (online), BNA Patent, Copyright & Trademark Journal, and www.againstmonopoly.com, and cited in numerous online publications, including the World Intellectual Property Organization's SMEs Newsletter, the Wikipedia article on "Economics and patents" and Daily Kos) (Ranked in an SSRN top 10 list)

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, A.W., and Tomlinson, W.M., 2008, “Patent Expertise and the Regress of Useful Arts,” Southern Illinois Law Review. Vol. 33, pp. 239-277. (Invited) (Ranked in an SSRN top 10 list)

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

April

“(R)evolution in Design Patentable Subject Matter: the Shifting Meaning of 'Article of Manufacture,'" Design Patents in the Modern World Conference, Stanford Law School, Palo Alto, Calif. (Invited; scheduled)

"(R)evolution in Design Patentable Subject Matter: the Shifting Meaning of 'Article of Manufacture,'" The Patent Conference 3.0, Chicago-Kent College of Law, Chicago (Scheduled)

“(R)evolution in Design Patentable Subject Matter: the Shifting Meaning of 'Article of Manufacture,'" Loyola University Chicago Law Journal Conference, Loyola University, Chicago School of Law, Chicago (Invited; scheduled)

March

"Who Owns Your Genome?," American Medical Informatics Association Annual Symposium, San Francisco (Invited; scheduled)

"Beauty Fades: An Experimental Study of Federal Court Design Patent Aesthetics," United States Patent & Trademark Office, Arlington, VA (Invited; scheduled)

February

"Innovation Wetlands," Massachusetts Institute of Technology, Cambridge, Mass. (Invited)

"Beauty Fades:An Experimental Study of Federal Court Design Patent Aesthetics," University of Colorado Law School, Boulder, Colo. (Invited)

January

"Copyrighting DNA: Protecting Synthetic DNA Sequences as Works of Authorship," Georgia State University College of Law (Invited)

November

MIT Innovation Lab, MIT Sloan School of Management, Cambridge, Mass. (Invited Participant)

"Knowledge Sharing and Intellectual Property," Organization for Economic Cooperation and Development (OECD) Conference on Knowledge Sharing Mechanisms, OECD Headquarters, Paris (Invited)

October

"Synthetic Biology: Standards Setting and Intellectual Property" (invited), 2012 Open Science Summit, Mountain View, Calif.

"Nothing Under the Sun that is Made of Man" (invited), 2012 Licensing Executives Society Annual Meeting, Toronto, Ontario

"Ideas for Growth" (invited), Gruter Institute conference in honor of the scholarship of Gordon J. Getty, Stanford University, Palo Alto, Calif.

"Synthetic Biology Standards and Intellectual Property," symposium on "Management of Intellectual Property in Standard-Setting Processes," The National Academies, Washington, D.C. (commissioned report and presentation)

September

"Patent Notices of Appeal: An Empirical Study of Outcomes," 2012 Canadian Law and Economics Conference, University of Toronto Faculty of Law, Toronto, Ontario

"Nothing Under the Sun that is Made of Man," 2012 Akron Law School Intellectual Property Scholars Roundtable and Center for Intellectual Property Law and Technology Academic Forum on "The Impact of IP on Public Health," Akron Law School, Akron, Ohio

August

“Beauty in the Eye of the Judicial Beholder – The Decline of Attractiveness as a Design Patent Requirement,” Intellectual Property Scholars Conference, DePaul Law School, Chicago (Competitively Selected)

"An Empirical Study of Patent Prosecution Success after the Filing of a Notice of Appeal" 21th Annual Intellectual Property Scholars Conference, Stanford Law School, Palo Alto, Calif.

"Innovation Wetlands," with Eric von Hippel, 10th International Open and User Innovation Workshop, Harvard Business School, Allston, Mass.

June

MIT Innovation Lab, NASA Johnson Space Center, Houston, TX (Invited Participant)

“Experimental Approaches to Intellectual Property,” Law and Society Annual Conference, San Francisco, Calif. (Competitively Selected; Panel Organizer and Moderator, Speaker)

May

“Patents and Progress of Useful Arts,” Gruter Institute Annual Conference on Innovation and Economic Growth: Exploring the Origins and Effects of Innovative Behavior, Gruter Institute, Squaw Valley, Calif. (Invited)

“Beauty in the Eye of the Judicial Beholder,” Gruter Institute Annual Conference on Law, Institutions, and Human Behavior, Gruter Institute, Squaw Valley, Calif. (Invited)

“Lions and Tigers and Brains, MRI!,” Gruter Institute Annual Conference on Law, Institutions, and Human Behavior, Gruter Institute, Squaw Valley, Calif. (Invited)

“Patenting Human Evolution,” Guest lecture in Evolution and Human Affairs Honors Program class (Prof. Patricia Hawley), University of Kansas, Lawrence, Kan. (Invited).

Meeting of the Planning Committee, AALS 2012 Midyear Conference, American Association of Law Schools Headquarters, Washington, D.C. (Invited).

April

Participant, Innovation Policy, Intellectual Property, and Entrepreneurship, Research Roundtable, Searle Center, Northwestern Law School, Chicago (Invited).

“Is Beauty in the Eye of the Judicial Beholder?,” Science on Tap (co-sponsored by the Biodiversity Institute and Free State Brewery), Lawrence, Kan. (Invited).

Biotechnology Industry Organization Intellectual Property Corporate Counsels Committee Conference, Seattle (Invited academic attendee).

“Beauty by Design – An Experimental Study of Federal Court Aesthetics,” Law & Economics Workshop, University of Notre Dame School of Law, South Bend, Ind. (Invited).

“Design Beauty in the Eye of the Judicial Beholder,” The Patent Conference, University of Kansas School of Law, Lawrence, KS (Co-host and Co-organizer).

March

MIT Innovation Lab, MIT Sloan School of Management (Invited Participant).
“Rejection and the 99%,” The Future of Intellectual Property Law Conference, University of Georgia School of Law, Athens, Ga. (Invited).

February

“Variation in Grounds of Rejection by Patent Office Art Units,” Works-In-Progress Intellectual Property (WIPIP) Colloquium, Houston Law Center, Houston (Competitively Selected).

January

Synthetic Biology Ownership, Sharing & Innovation Symposium (SynBIOSIS), Stanford University, Palo Alto, Calif. (Invited participant).

November
"Using Social Media for Customer Co-Creation," The 2011 World Conference on Mass Customization, Personalization, and Co-Creation (MCPC 2011): Bridging Mass Customization & Open Innovation, South San Francisco, CA (Invited Panel Moderator).

"User and Collaborative Innovation – Where is the FDA Regulatory Border MIT Innovation Lab," MIT Sloan School of Management, Cambridge, MA (Invited).

Biotechnology Industry Organization Intellectual Property Corporate Counsels Committee Conference, New York City, NY (Participant).

October
"Open and Closed Innovation – Experimental Evidence to Support Open Science and Innovation," Open Science Summit 2011, Computer History Museum, Mountain View, CA (Invited).

"Biolaw 5.0 – Law at the Frontiers of Biology," 5th Annual Biolaw Conference, University of Kansas School of Law, Lawrence, KS (Organizer, Host, and Speaker).

"Property Rules, Liability Rules, and Innovation – One Experimental View of the Cathedral," Presentation to the Faculty, Emory Law School, Atlanta, GA (Invited).

September
"Tempest-Tost – Genomics in the Legal Storm," Optimizing the Impact of Genomics Research, Genome Canada, Ottawa, Ontario, Canada (Invited Keynote Address).

"Beauty in the Eye of the Judicial Beholder – The Decline of Attractiveness as a Design Patent Requirement," Canadian Law and Economics Association Annual Conference, University of Toronto Faculty of Law, Toronto, Ontario, Canada (Competitively Selected).

"Biotechnology Patent Law," 2011 Law & Bioscience Conference, Overland Park, KS (Invited).

August
"Beauty in the Eye of the Judicial Beholder – The Decline of Attractiveness as a Design Patent Requirement," Intellectual Property Scholars Conference, DePaul Law School, Chicago, IL (Competitively Selected).

June
MIT Innovation Lab, NASA Johnson Space Center, Houston, TX (Invited Participant).

"Experimental Approaches to Intellectual Property," Law and Society Annual Conference, San Francisco, CA (Competitively Selected; Panel Organizer and Moderator, Speaker).

May
"Patents and Progress of Useful Arts," Gruter Institute Annual Conference on Innovation and Economic Growth: Exploring the Origins and Effects of Innovative Behavior, Gruter Institute, Squaw Valley, CA (Invited).

"Beauty in the Eye of the Judicial Beholder," Gruter Institute Annual Conference on Law, Institutions, and Human Behavior, Gruter Institute, Squaw Valley, CA (Invited).

"Lions and Tigers and Brains, MRI!," Gruter Institute Annual Conference on Law, Institutions, and Human Behavior, Gruter Institute, Squaw Valley, CA (Invited).

"Patenting Human Evolution," Guest lecture in Evolution and Human Affairs Honors Program class (Prof. Patricia Hawley), University of Kansas, Lawrence, KS (Invited).

Meeting of the Planning Committee, AALS 2012 Midyear Conference, American Association of Law Schools Headquarters, Washington, D.C. (Invited).

April
Participant, Innovation Policy, Intellectual Property, and Entrepreneurship, Research Roundtable, Searle Center (Invited).

"Is Beauty in the Eye of the Judicial Beholder?" Science on Tap (co-sponsored by the Biodiversity Institute and Free State Brewery), Lawrence, KS (Invited).

Biotechnology Industry Organization Intellectual Property Corporate Counsels Committee Conference, Seattle, WA (Invited academic attendee).

"Design Beauty in the Eye of the Judicial Beholder," The Patent Conference, University of Kansas School of Law, Lawrence, KS (Co-host and Co-organizer).

March
"Open Biological Innovation: From Patents to Commons to Copyright to Open Source," Law Review Symposium on Bioethics, Law, and Synthetic Biology, Valparaiso University School of Law, Valparaiso, IN (Invited).

"Synthetic Biology: Regulation as Food, Drug, Cosmetic, or Device," PhytoMetaSyn and Synthetic Biology GE3LS Workshop ("Nature Redesigned: PhytoMetaSyn & Synthetic Biology"), hosted by the University of Calgary Faculty of Law and funded by Genome Canada, Banff, Alberta, Canada (Invited).

"Innovation and Law: Regulation or Strangulation?," MIT Innovation Lab, Ford Motor Company, Dearborn, MI (Invited).

February
"The Rise and Fall and Rise of Gene Patents," conference on "The Emergence of Personalized Medicine: Legal, Social and Ethical Implications," Cumberland School of Law, Samford University, Birmingham, AL (Invited).

"Beauty is in the Adaptations of the Judicial Beholder," Society for the Evolutionary Analysis of Law (SEAL) Annual Conference, Loyola Law School, Los Angeles, CA (Competitively Selected).

"Nothing Under the Sun that is Made of Man," Law and Biosciences class, Stanford Law School, Palo Alto, CA (Invited).

January
"You've Come a Long Way, Baby! Genomics, Personalized Medicine, and Reproductive Law," American Association of Law Schools Annual Meeting, San Francisco, CA (Invited).

"Synthetic Biology Meets the Law," American Association of Law Schools Annual Meeting, San Francisco, CA (Moderator).

December
"Anything Under The Sun Except Man," Greater KC Society of Healthcare Attorneys, Kansas City, MO (Invited).

November
"Property Rules, Liability Rules, Patents, and Innovation: One Experimental View of the Cathedral," Conference on Experimental Legal Studies, Yale Law School, New Haven, CT (Competitively selected poster presentation).

"Biodiversity and Patent Law," NSF Climate Change IGERT Class, University of Kansas, Lawrence, KS (Invited guest lecture).

October
"The Evolution and Development of Biolaw" and "DNA Copyright," Biolaw 4.0: Law at the Frontiers of Biology, Lawrence, KS (Host and speaker).

"Property Rules, Liability Rules, Patents, and Innovation: One Experimental View of the Cathedral," DePaul University School of Law, Chicago, IL (Invited as a 2010 Edward D. Manzo Scholar in Patent Law).

"The Patent Game," University of Missouri Kansas City School of Law, Kansas City, MO (Invited guest lecture).

September
"Property Rules, Liability Rules, Patents, and Innovation: One Experimental View of the Cathedral," Canadian Law and Economics Association Annual Conference, University of Toronto Faculty of Law, Toronto, Ontario, Canada (Competitively selected).

"Open Biological Innovation — From Patents to Commons to Copyright to Open Source," Berkeley Open Innovation Forum, Berkeley Law School, Berkeley, CA (Invited)

"Anything Under the Sun Except for Man," Patenting in the Biotechnology Industry: 30 Years After Diamond v. Chakrabarty, University of Illinois at Urbana-Champaign College of Law, Urbana-Champaign, IL (Invited).

August
"The Patent Game: Experiments in the Cathedral of Law," Google Tech Talk, Google Inc., Mountain View, CA. (Invited).

"Property Rules, Liability Rules, Patents, and Innovation: One Experimental View of the Cathedral," Intellectual Property Scholars Conference, Berkeley Law School, Berkeley, Calif. (Competitively selected)

"Property Rules, Liability Rules, Patents, and Innovation: One Experimental View of the Cathedral," User and Open Innovation Conference, MIT Sloan School of Management, Cambridge, Mass. (Competitively selected)

July
"Double Description," SEALS Annual Conference, Palm Beach, Fla. (Invited)

June
"Myriad Reproductive Options," at "When Worlds Collide: Tensions in Family Law," The Midwest Family Law Consortium & North American Regional Meeting of the International Society of Family Law, UMKC School of Law, Kansas City, Mo. (Invited)

Participant, Research Symposium on the Law and Economics of Internet Search, Searle Center on Law, Regulation, and Economic Growth, Northwestern Law School, Chicago (Invited)

May
Participant, MIT Innovation Lab, MIT Sloan School of Management, Massachusetts Institute of Technology, Google Inc., Mountain View, Calif. (Invited).

"The Evolution of Biolaw," Gruter Institute Annual Conference on Law, Mind, and Brain, Gruter Institute, Squaw Valley, Calif. (Invited)

"Opening Innovation in Intellectual Property Law," User and Open Innovation and Intellectual Property Workshop, co-sponsored by Berkeley Law School and the New York University Law School, Saint Helena, Calif. (co-organizer and speaker)

April
"Neurobiology and Patenting Thought," 11th Annual SEAL Conference, William and Mary Law School, Williamsburg, Va. (Competitively selected)

"Patent Law, HIPPO, and the Biodiversity Crisis," Review of Intellectual Property Law "Green Issue" Symposium, John Marshall School of Law, Chicago. (Invited keynote address)

"Having Your Cake and Eating It, Too - Conflicts between Inherency and Infringement Analyses for Drug Metabolites" (panel discussion focusing on Torrance, Andrew W., 2009, "Physiological Steps Doctrine," Berkeley Technology Law Journal, Fall 2008, Vol. 23, Issue 4, pp. 1471-1505), Biotechnology Industry Organization Intellectual Property Corporate Counsels Committee Conference, New Orleans. (Invited panelist)

"Patent Pools: Navigating a Course for Access to Biotechnology Innovations," Biotechnology Industry Organization Intellectual Property Corporate Counsels Committee Conference, New Orleans. (Invited panelist)

March
"Property Rules, Liability Rules, and Patent Rights," Searle-Kauffman Fellows Meeting, Searle-Kauffman Institute on Law, Innovation, and Growth, Chapman University School of Law, Orange, Calif. (Competitively selected)

Participant, MIT Innovation Lab, MIT Sloan School of Management, Massachusetts Institute of Technology, Cambridge, Mass. (Invited)

"Property Rules, Liability Rules, and Patent Rights," Intellectual Property Scholars Roundtable, Drake Law School, Des Moines, Iowa (Invited).

February
Chairman, First Annual Patent Olympics, University of Kansas School of Law, Lawrence, KS.

January
Moderator and speaker, "Biology Invading and Transforming Law," American Association of Law Schools (AALS) annual meeting, New Orleans.

"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)

November
"The Legal Possibilities of Synthetic Biology," MIT Innovation Lab, MIT Sloan School of Management, Massachusetts Institute of Technology, Cambridge, Mass. (Invited)

Participant, Research Roundtable on Empirical Studies of Patent Litigation, Searle Center on Law, Regulation, and Economic Growth, Northwestern Law School, Chicago (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)

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

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 presentation), 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.

November 2012
The Chronicle of Higher Education, "Undergraduate Competition Illuminates Promises and Perils of Synthetic Biology"

September 2012
Forbes, "Will Overregulation In Europe Stymie Synthetic Biology?"

May 2012
NPR, "Pfizer Settles Suit Involving Celebrex"

January 2012
6 News, "KU professor hopes to impact patent laws"

October 2011
Seattle Times, "Patents emerge as significant tech strategy"

May 2010
"Legal Roadblocks To Copyrighting Natural Remedies," interview on "KC Currents," KCUR 89.3 FM.

Chicago Lawyer, "Bringing Predictability to the Patent World"

March 2010
San Francisco Chronicle, "Patents' growing role in battle of mobile"

February 2010
Kansas City Star, "Patent lawyers give your big idea an edge"

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")

May 2007
ABC Television News, Topeka, KS ("Phelps under fire for making music")

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).

Peer Review
University of Chicago Press; Stanford Law Review; University of Illinois Journal of Law, Technology & Policy.

Research Interests
Intellectual property, patent law, innovation law, biotechnology, biolaw, food and drug law, biodiversity law, climate change law, international environmental 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, 2004-05; Associate, Fish & Richardson LLC, 2000-04; Hrdy Visiting Professor of Conservation Biology, Department of Organismic and Evolutionary Biology, 2003, Harvard University; Lecturer, “Biodiversity: Science, Policy, and Law”, Harvard University, 1999-05.

Member
American Bar Association, Massachusetts Bar Association, American Intellectual Property Law Association, American Association for the Advancement of Science.

 

Why KU
  • One-third of full-time faculty have written casebooks used at U.S. law schools
  • 2 KU law faculty were U.S. Supreme Court clerks
  • KU’s Project for Innocence: 33 conviction reversals since 2009
  • 7,300+ alumni live in all 50 states and 18 foreign countries
  • #18 “best value” law school in the nation — National Jurist Magazine
  • 12 interdisciplinary joint degrees
  • 27th nationwide for lowest debt at graduation. — U.S. News & World Report
  • 70 percent of upper-level law classes have 25 or fewer students
  • Nearly 800 employment interviews at law school, 2012-13
  • Top 25% for number of 2013 grads hired by the nation’s largest law firms