I looked up the transcripts from the Dover trial as I had a feeling this issue was addressed there.
I found a reference to this paper which gives an overview of the origination of new genetic information:
http://www3.uta.edu/faculty/betran/pdfs/naturereviews.pdf
Here's the abstract.
Nanogecko - read this and see what you think.
Rich
THE ORIGIN OF NEW GENES: GLIMPSES FROM THE YOUNG AND OLD
Manyuan Long, Esther Betrn, Kevin Thornton and Wen Wang
Genome data have revealed great variation in the numbers of genes in different organisms, which indicates that there is a fundamental process of genome evolution: the origin of new genes. However, there has been little opportunity to explore how genes with new functions originate and evolve. The study of ancient genes has highlighted the antiquity and general importance of some mechanisms of gene origination, and recent observations of young genes at early stages in their evolution have unveiled unexpected molecular and evolutionary processes.