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1、Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its “one-click” online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.Now 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. In 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. In re Bilski, as the case is known , is “a very big deal”, says Dennis D. Crouch of the University of Missouri School of Law. It “has the potential to eliminate an entire class of patents.”Curbs 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. That 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. Later, 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. In 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. Similarly, some Wall Street investment firms armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.The Bilski case involves a claimed patent on a method for hedging risk in the energy market. The 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.The 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. Last April, for example, the justices signaled that too many patents were being upheld for “inventions” that are obvious. The 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.1.Business-method patents have recently aroused concern because of( ). 2.Which of the following is true of the Bilski case?3.The word “about-face” (Line 1, Para 3) most probably means ( ). 4.We learn from the last two paragraphs that business-method patents ( ). 5.Which of the following would be the subject of the text?
問題1
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
問題2
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.
問題3
A、loss of good will
B、increase of hostility
C、change of attitude
D、enhancement of dignity
問題4
A、are immune to legal challenges
B、are often unnecessarily issued
C、lower the esteem for patent holders
D、increase the incidence of risks
問題5
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.
2、Ancient Greek philosopher Aristotle viewed laughter as “a bodily exercise precious to health.” But(1)some claims to the contrary, laughing probably has little influence on physical fitness. Laughter does (2)short-term changes in the function of the heart and its blood vessels, (3) heart rate and oxygen consumption. But because hard laughter is difficult to (4), a good laugh is unlikely to have (5) benefits the way, say, walking or jogging does. (6), instead of straining muscles to build them, as exercise does, laughter apparently accomplishes the (7), studies dating back to the 1930's indicate that laughter (8) muscles, decreasing muscle tone for up to 45 minutes after the laugh dies down. Such bodily reaction might conceivably help (9) the effects of psychological stress. Anyway, the act of laughing probably does produce other types of (10) feedback, that improve an individual's emotional state. (11) one classical theory of emotion, our feelings are partially rooted (12) physical reactions. It was argued at the end of the 19th century that humans do not cry (13) they are sad but they become sad when the tears begin to flow. Although sadness also (14) tears, evidence suggests that emotions can flow (15) muscular responses. In an experiment published in 1988, social psychologist Fritz Strack of the University of Würzburg in Germany asked volunteers to (16) a pen either with their teeth—thereby creating an artificial smile—or with their lips, which would produce a(n)(17) expression. Those forced to exercise their smiling muscles(18) more enthusiastically to funny cartoons than did those whose months were contracted in a frown,(19) that expressions may influence emotions rather than just the other way around. (20), the physical act of laughter could improve mood.
問題1
A、among
B、except
C、despite
D、like
問題2
A、reflect
B、demand
C、indicate
D、produce
問題3
A、stabilizing
B、boosting
C、impairing
D、determining
問題4
A、transmit
B、sustain
C、evaluate
D、observe
問題5
A、measurable
B、manageable
C、affordable
D、renewable
問題6
A、In turn
B、In fact
C、In addition
D、In brief
問題7
A、opposite
B、impossible
C、average
D、expected
問題8
A、hardens
B、weakens
C、tightens
D、relaxes
問題9
A、aggravate
B、generate
C、moderate
D、enhance
問題10
A、physical
B、mental
C、subconscious
D、internal
問題11
A、Except for
B、According to
C、Due to
D、As for
問題12
A、with
B、on
C、in
D、at
問題13
A、unless
B、until
C、if
D、because
問題14
A、exhausts
B、follows
C、precedes
D、suppresses
問題15
A、into
B、from
C、towards
D、beyond
問題16
A、fetch
B、bite
C、pick
D、hold
問題17
A、disappointed
B、excited
C、joyful
D、indifferent
問題18
A、adapted
B、catered
C、turned
D、reacted
問題19
A、suggesting
B、requiring
C、mentioning
D、supposing
問題20
A、Eventually
B、Consequently
C、Similarly
D、Conversely
3、The rough guide to marketing success used to be that you got what you paid for. No longer. While traditional “paid” media—such as television commercials and print advertisements—still play a major role, companies today can exploit many alternative forms of media. Consumers passionate about a product may create “owned” media by sending e-mail alerts about products and sales to customers registered with its Web site. The way consumers now approach the broad range of factors beyond conventional paid media. Paid and owned media are controlled by marketers promoting their own products. For earned media, such marketers act as the initiator for users' responses. But in some cases, one marketer's owned media become another marketer's paid media—for instance, when an e-commerce retailer sells ad space on its Web site. We define such sold media as owned media whose traffic is so strong that other organizations place their content or e-commerce engines within that environment. This trend, which we believe is still in its infancy, effectively began with retailers and travel providers such as airlines and hotels and will no doubt go further. Johnson & Johnson, for example, has created BabyCenter, a stand-alone media property that promotes complementary and even competitive products. Besides generating income, the presence of other marketers makes the site seem objective, gives companies opportunities to learn valuable information about the appeal of other companies' marketing, and may help expand user traffic for all companies concerned. The same dramatic technological changes that have provided marketers with more (and more diverse) communications choices have also increased the risk that passionate consumers will voice their opinions in quicker, more visible, and much more damaging ways. Such hijacked media are the opposite of earned media: an asset or campaign becomes hostage to consumers, other stakeholders, or activists who make negative allegations about a brand or product. Members of social networks, for instance, are learning that they can hijack media to apply pressure on the businesses that originally created them. If that happens, passionate consumers would try to persuade others to boycott products, putting the reputation of the target company at risk. In such a case, the company's response may not be sufficiently quick or thoughtful, and the learning curve has been steep. Toyota Motor, for example, alleviated some of the damage from its recall crisis earlier this year with a relatively quick and well-orchestrated social-media response campaign, which included efforts to engage with consumers directly on sites such as Twitter and the social-news site Digg. 1.Consumers may create “earned” media when they are( ).2.According to Paragraph 2, sold media feature ( ). 3.The author indicates in Paragraph 3 that earned media ( ). 4.Toyota Motor's experience is cited as an example of ( ). 5.Which of the following is the text mainly about ?
問題1
A、obscssed with online shopping at certain Web sites
B、inspired by product-promoting e-mails sent to them
C、eager to help their friends promote quality products
D、enthusiastic about recommending their favorite products
問題2
A、a safe business environment
B、random competition
C、strong user traffic
D、flexibility in organization
問題3
A、invite constant conflicts with passionate consumers
B、can be used to produce negative effects in marketing
C、may be responsible for fiercer competition
D、deserve all the negative comments about them
問題4
A、responding effectively to hijacked media
B、persuading customers into boycotting products
C、cooperating with supportive consumers
D、taking advantage of hijacked media
問題5
A、Alternatives to conventional paid media.
B、Conflict between hijacked and earned media.
C、Dominance of hijacked media.
D、Popularity of owned media.
4、The ethical judgments of the Supreme Court justices have become an important issue recently. The court cannot(1)its legitimacy as guardian of the rule of law(2)justices behave like politicians. Yet, in several instances, justices acted in ways that(3) the court's reputation for being independent and impartial. Justice Antonin Scalia, for example, appeared at political events. That kind of activity makes it less likely that the court's decisions will be(4)as impartial judgments. Part of the problem is that the justices are not(5) by an ethics code. At the very least, the court should make itself (6) to the code of conduct that (7) to the rest of the federal judiciary. This and other similar cases (8) the question of whether there is still a (9) between the court and politics. The framers of the Constitution envisioned law (10) having authority apart from politics. They gave justices permanent positions (11) they would be free to (12 )those in power and have no need to (13)political support. Our legal system was designed to set law apart from politics precisely because they are so closely (14) . Constitutional law is political because it results from choices rooted in fundamental social (15) like liberty and property. When the court deals with social policy decisions, the law it (16)is inescapably political—which is why decisions split along ideological lines are so easily (17) as unjust. The justices must (18) doubts about the court's legitimacy by making themselves (19) to the code of conduct. That would make rulings more likely to be seen as separate from politics and, (20), convincing as law.
問題1
A、emphasize
B、maintain
C、modify
D、recognize
問題2
A、when
B、lest
C、before
D、unless
問題3
A、restored
B、weakened
C、established
D、eliminated
問題4
A、challenged
B、compromised
C、suspected
D、accepted
問題5
A、advanced
B、caught
C、bound
D、founded
問題6
A、resistant
B、subject
C、immune
D、prone
問題7
A、resorts
B、sticks
C、loads
D、applies
問題8
A、evade
B、raise
C、deny
D、settle
問題9
A、line
B、barrier
C、similarity
D、conflict
問題10
A、by
B、as
C、though
D、towards
問題11
A、so
B、since
C、provided
D、though
問題12
A、serve
B、satisfy
C、upset
D、replace
問題13
A、confirm
B、express
C、cultivate
D、offer
問題14
A、guarded
B、followed
C、studied
D、tied
問題15
A、concepts
B、theories
C、divisions
D、conventions
問題16
A、excludes
B、questions
C、shapes
D、controls
問題17
A、dismissed
B、released
C、ranked
D、distorted
問題18
A、suppress
B、exploit
C、address
D、ignore
問題19
A、accessible
B、amiable
C、agreeable
D、accountable
問題20
A、by all means
B、at all costs
C、in a word
D、as a result
5、If the trade unionist Jimmy Hoffa were alive today, he would probably represent civil servant. When Hoffa's Teamsters were in their prime in 1960, only one in ten American government workers belonged to a union; now 36% do. In 2009 the number of unionists in America's public sector passed that of their fellow members in the private sector. In Britain, more than half of public-sector workers but only about 15% of private-sector ones are unionized. There are three reasons for the public-sector unions' thriving. First, they can shut things down without suffering much in the way of consequences. Second, they are mostly bright and well-educated. A quarter of America's public-sector workers have a university degree. Third, they now dominate left-of-centre politics. Some of their ties go back a long way. Britain's Labor Party, as its name implies, has long been associated with trade unionism. Its current leader, Ed Miliband, owes his position to votes from public-sector unions. At the state level their influence can be even more fearsome. Mark Baldassare of the Public Policy Institute of California points out that much of the state's budget is patrolled by unions. The teachers' unions keep an eye on schools, the CCPOA on prisons and a variety of labor groups on health care. In many rich countries average wages in the state sector are higher than in the private one. But the real gains come in benefits and work practices. Politicians have repeatedly “backloaded” public-sector pay deals, keeping the pay increases modest but adding to holidays and especially pensions that are already generous. Reform has been vigorously opposed, perhaps most egregiously in education, where charter schools, academies and merit pay all faced drawn-out battles. Even though there is plenty of evidence that the quality of the teachers is the most important variable, teachers' unions have fought against getting rid of bad ones and promoting good ones. As the cost to everyone else has become clearer, politicians have begun to clamp down. In Wisconsin the unions have rallied thousands of supporters against Scott Walker, the hardline Republican governor. But many within the public sector suffer under the current system, too. John Donahue at Harvard's Kennedy School points out that the norms of culture in Western civil services suit those who want to stay put but is bad for high achievers. The only American public-sector workers who earn well above $250,000 a year are university sports coaches and the president of the United States. Bankers' fat pay packets have attracted much criticism, but a public-sector system that does not reward high achievers may be a much bigger problem for America. 1.It can be learned from the first paragraph that( ).2.Which of the following is true of Paragraph 2? 3.It can be learned from Paragraph 4 that the income in the state sector is( ). 4.The example of the unions in Wisconsin shows that unions ( ). 5.John Donahue's attitude towards the public-sector system is one of ( ).
問題1
A、Teamsters still have a large body of members
B、Jimmy Hoffa used to work as a civil servant
C、unions have enlarged their public-sector membership
D、the government has improved its relationship with unionists
問題2
A、Public-sector unions are prudent in taking actions.
B、Education is required for public-sector union membership.
C、Labor Party has long been fighting against public-sector unions.
D、Public-sector unions seldom get in trouble for their actions.
問題3
A、illegally secured
B、indirectly augmented
C、excessively increased
D、fairly adjusted
問題4
A、often run against the current political system
B、can change people's political attitudes
C、may be a barrier to public-sector reforms
D、are dominant in the government
問題5
A、disapproval
B、appreciation
C、tolerance
D、indifference
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