'No harm, no foul'

Using the law to forward business strategies is a common occurrence if not a matter of principle, so few will be surprised to note that Transkaryotic Therapies Inc. (TKTX) and partner Hoechst Marion Roussel Inc. have counter-punched against Amgen Inc.'s suit accusing them of infringing AMGN's patents for erythropoietin.

Not only did TKTX and HMR go to court to argue that "no controversy exists" under the law, but the partners also filed an IND with the FDA to begin clinical trials of