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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 decision of the New York Philharmonic to hire Alan Gilbert as its next music director has been the talk of the classical-music world ever since the sudden announcement of his appointment in 2009. For the most part, the response has been favorable, to say the least. “Hooray! At last!” wrote Anthony Tommasini, a sober-sided classical-music critic. One of the reasons why the appointment came as such a surprise, however, is that Gilbert is comparatively little known. Even Tommasini, who had advocated Gilbert's appointment in the Times, calls him “an unpretentious musician with no air of the formidable conductor about him.” As a description of the next music director of an orchestra that has hitherto been led by musicians like Gustav Mahler and Pierre Boulez, that seems likely to have struck at least some Times readers as faint praise. For my part, I have no idea whether Gilbert is a great conductor or even a good one. To be sure, he performs an impressive variety of interesting compositions, but it is not necessary for me to visit Avery Fisher Hall, or anywhere else, to hear interesting orchestral music. All I have to do is to go to my CD shelf, or boot up my computer and download still more recorded music from iTunes. Devoted concertgoers who reply that recordings are no substitute for live performance are missing the point. For the time, attention, and money of the art-loving public, classical instrumentalists must compete not only with opera houses, dance troupes, theater companies, and museums, but also with the recorded performances of the great classical musicians of the 20th century. There recordings are cheap, available everywhere, and very often much higher in artistic quality than today's live performances; moreover, they can be “consumed” at a time and place of the listener's choosing. The widespread availability of such recordings has thus brought about a crisis in the institution of the traditional classical concert. One possible response is for classical performers to program attractive new music that is not yet available on record. Gilbert's own interest in new music has been widely noted: Alex Ross, a classical-music critic, has described him as a man who is capable of turning the Philharmonic into “a markedly different, more vibrant organization.” But what will be the nature of that difference? Merely expanding the orchestra's repertoire will not be enough. If Gilbert and the Philharmonic are to succeed, they must first change the relationship between America's oldest orchestra and the new audience it hopes to attract. 1.We learn from Para.1 that Gilbert's appointment has( ).2.Tommasini regards Gilbert as an artist who is ( ). 3.The author believes that the devoted concertgoers ( ). 4.According to the text, which of the following is true of recordings? 5.Regarding Gilbert's role in revitalizing the Philharmonic, the author feels( ).
問題1
A、incurred criticism
B、raised suspicion
C、received acclaim
D、aroused curiosity
問題2
A、influential
B、modest
C、respectable
D、talented
問題3
A、ignore the expenses of live performances
B、reject most kinds of recorded performances
C、exaggerate the variety of live performances
D、overestimate the value of live performances
問題4
A、They are often inferior to live concerts in quality.
B、They are easily accessible to the general public.
C、They help improve the quality of music.
D、They have only covered masterpieces.
問題5
A、doubtful
B、enthusiastic
C、confident
D、puzzled
4、When Liam McGee departed as president of Bank of America in August, his explanation was surprisingly straight up. Rather than cloaking his exit in the usual vague excuses, he came right out and said he was leaving “to pursue my goal of running a company.” Broadcasting his ambition was “very much my decision,” McGee says. Within two weeks, he was talking for the first time with the board of Hartford Financial Services Group, which named him CEO and chairman on September 29. McGee says leaving without a position lined up gave him time to reflect on what kind of company he wanted to run. It also sent a clear message to the outside world about his aspirations. And McGee isn't alone. In recent weeks the No.2 executives at Avon and American Express quit with the explanation that they were looking for a CEO post. As boards scrutinize succession plans in response to shareholder pressure, executives who don't get the nod also may wish to move on. A turbulent business environment also has senior managers cautious of letting vague pronouncements cloud their reputations. As the first signs of recovery begin to take hold, deputy chiefs may be more willing to make the jump without a net. In the third quarter, CEO turnover was down 23% from a year ago as nervous boards stuck with the leaders they had, according to Liberum Research. As the economy picks up, opportunities will abound for aspiring leaders. The decision to quit a senior position to look for a better one is unconventional. For years executives and headhunters have adhered to the rule that the most attractive CEO candidates are the ones who must be poached. Says Korn/Ferry senior partner Dennis Carey: “I can't think of a single search I've done where a board has not instructed me to look at sitting CEOs first.” Those who jumped without a job haven't always landed in top positions quickly. Ellen Marram quit as chief of Tropicana a decade age, saying she wanted to be a CEO. It was a year before she became head of a tiny Internet-based commodities exchange. Robert Willumstad left Citigroup in 2005 with ambitions to be a CEO. He finally took that post at a major financial institution three years later. Many recruiters say the old disgrace is fading for top performers. The financial crisis has made it more acceptable to be between jobs or to leave a bad one. “The traditional rule was it's safer to stay where you are, but that's been fundamentally inverted,” says one headhunter. “The people who've been hurt the worst are those who’ve stayed too long.” 1.When McGee announced his departure, his manner can best be described as being( ).2.According to Paragraph 2, senior executives' quitting may be spurred by( ). 3.The word “poached” (Line 2, Paragraph 4) most probably means ( ). 4.It can be inferred from the last paragraph that ( ). 5.Which of the following is the best title for the text?
問題1
A、arrogant
B、frank
C、self-centered
D、impulsive
問題2
A、their expectation of better financial status
B、their need to reflect on their private life
C、their strained relations with the boards
D、their pursuit of new career goals
問題3
A、approved of
B、attended to
C、hunted for
D、guarded against
問題4
A、top performers used to cling to their posts
B、loyalty of top performers is getting out-dated
C、top performers care more about reputations
D、it's safer to stick to the traditional rules
問題5
A、CEOs: Where to Go?
B、CEOs: All the Way Up?
C、Top Managers Jump without a Net.
D、The Only Way Out for Top Performers.
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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