What was known; what could have been known

Attorneys for Transkaryotic Therapies Inc. last week used their confrontation with Amgen Inc.'s first expert witness to begin laying a case that TKTX's gene activated erythropoietin could not have been foreseen through AMGN's patents covering Epogen EPO.

The first full week of testimony in AMGN's patent infringement suit before Judge William Young in the U.S. District Court for the District of Massachusetts focused on whether AMGN's patents correctly described its EPO and on whether TKTX's Gene Activation technology is novel.

Harvey Lodish, a molecular

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