引出过去的现象
①引出专利现象,what are called表达作者怀疑态度
②③④例证①
①Over the past decade, thousands of patents have been granted for what are called business methods. ②Amazon.com received one for its “one-click” online payment system.③ Merrill Lynch got legal protection for an asset allocation strategy. ④One inventor patented a technique for lifting a box.
今昔对比,阐述当前形势
①直述现象,scale back缩减专利数量
②具体做法,以特殊案例作为依据
③④评价做法的影响力,例子本身特别性和它能产生的影响
①Now the nation’s top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. ②In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. ③In re Bilski, as the case is known, is “a very big deal,” says Dennis D. Crouch of the University of Missouri School of Law. ④It “has the potential to eliminate an entire class of patents.”
评价现象
①评价法庭,大逆转呼应上文受到各方争议
②③评价专利增加影响
④⑤例证③
①Curbs on business-method claims would be a
dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. ②That ruling produced an explosion in business-method patent filings, initially by emerging Internet companies trying to stake out exclusive rights to specific types of online transactions. ③Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. ④In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. ⑤Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.重回现实,呼应第二段
①介绍特殊案例内容
②针对案例法院具体做法
①The Bilski case involves a claimed patent on a method for hedging risk in the energy market. ②The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court’s judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should “reconsider” its State Street Bank ruling.
分析现象背景(原因),the Federal Circuit做出这个行为的背景和原因
①点明原因,跟随the Supreme Court
②③解释说明①
①The Federal Circuit’s action comes in the wake of a series of recent decisions by the Supreme Court that has narrowed the scope of protections for patent holders. ②Last April, for example, the justices signaled that too many patents were being upheld for “inventions” that are obvious. ③The judges on the Federal Circuit are “reacting to the anti-patent trend at the Supreme Court,” says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
细节题26. Business-method patents have recently aroused concern because of __________.
[A] their limited value to businesses.
[B] their connection with asset allocation.
[C] the possible restriction on their granting.
[D] the controversy over their authorization.
细节题27. Which of the following is true of the Bilski case?
[A] Its ruling complies with the court decisions.
[B] It involves a very big business transaction.
[C] It has been dismissed by the Federal Circuit.
[D] It may change the legal practices in the U.S.
词义题28. The word “about-face” (Line 1, Para. 3) most probably means __________.
[A] loss of goodwill.
[B] increase of hostility.
[C] change of attitude.
[D] enhancement of dignity.
推理题29. We learn from the last two paragraphs that business-method patents __________.
[A] are immune to legal challenges.
[B] are often unnecessarily issued.
[C] lower the esteem for patent holders.
[D] increase the incidence of risks.
主旨题30. Which of the following would be the subject of the text?
[A] A looming threat to business-method patents.
[B] Protection for business-method patent holders.
[C] A legal case regarding business-method patents.
[D] A prevailing trend against ‘business-method patents.
生词
ever since 自从
intellectual-property 知识产权
abuzz adj.议论纷纷的
took positions 摆明立场
hedging v. 避免损失;n. 防止损失的手段
in the wake of 紧紧跟随
obvious adj. 明显的;显著的;平淡无奇的
难句
- because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets.
分析:it was..that强调句、v.introduced
拆分:
(主句)主谓宾the Federal Circuit itself introduced such patents联邦巡回法院自己引入此类专利
(修饰)介词作方式状语with its 1998 decision in the so-called State Street Bank case在1998年号称“道副银行”的裁决中
- 现在分词作伴随状语修饰decision approving a patent on a way of pooling mutual-fund assets批准了一项共同资产筹集方法的专利
- if only as a defensive move against rivals that might beat them to the punch.
只要作为一个防范性措施防范对手,(对手)有可能先发制人
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