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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、Bankers have been blaming themselves for their troubles in public. Behind the scenes, they have been taking aim at someone else: the accounting standard-setters. Their rules, moan the banks, have forced them to report enormous losses, and it's just not fair. These rules say they must value some assets at the price a third party would pay, not the price managers and regulators would like them to fetch.Unfortunately, banks' lobbying now seems to be working. The details may be unknowable, but the independence of standard-setters, essential to the proper functioning of capital markets, is being compromised. And, unless banks carry toxic assets at prices that attract buyers, reviving the banking system will be difficult.After a bruising encounter with Congress, America's Financial Accounting Standards Board (FASB) rushed through rule changes. These gave banks more freedom to use models to value illiquid assets and more flexibility in recognizing losses on long-term assets in their income statements. Bob Herz, the FASB's chairman, cried out against those who “question our motives.” Yet bank shares rose and the changes enhance what one lobbying group politely calls “the use of judgment by management.”European ministers instantly demanded that the International Accounting Standards Board (IASB) do likewise. The IASB says it does not want to act without overall planning, but the pressure to fold when it completes its reconstruction of rules later this year is strong. Charlie McCreevy, a European commissioner, warned the IASB that it did “not live in a political vacuum” but “in the real world” and that Europe could yet develop different rules.It was banks that were on the wrong planet, with accounts that vastly overvalued assets. Today they argue that market prices overstate losses, because they largely reflect the temporary illiquidity of markets, not the likely extent of bad debts. The truth will not be known for years. But banks' shares trade below their book value, suggesting that investors are skeptical. And dead markets partly reflect the paralysis of banks which will not sell assets for fear of booking losses, yet are reluctant to buy all those supposed bargains.To get the system working again, losses must be recognized and dealt with. America's new plan to buy up toxic assets will not work unless banks mark assets to levels which buyers find attractive. Successful markets require independent and even combative standard-setters. The FASB and IASB have been exactly that, cleaning up rules on stock options and pensions, for example, against hostility from special interests. But by giving in to critics now they are inviting pressure to make more concessions.1.Bankers complained that they were forced to( ).2.According to the author, the rule changes of the FASB may result in ( ). 3.According to Paragraph 4, McCreevy objects to the IASB's attempt to ( ). 4.The author thinks the banks were “on the wrong planet” in that they ( ). 5.The author's attitude towards standard-setters is one of( ).
問題1
A、follow unfavorable asset evaluation rules
B、collect payments from third parties
C、cooperate with the price managers
D、reevaluate some of their assets
問題2
A、the diminishing role of management
B、the revival of the banking system
C、the banks' long-term asset losses
D、the weakening of its independence
問題3
A、keep away from political influences
B、evade the pressure from their peers
C、act on their own in rule-setting
D、take gradual measures in reform
問題4
A、misinterpreted market price indicators
B、exaggerated the real value of their assets
C、neglected the likely existence of bad debts
D、denied booking losses in their sale of assets
問題5
A、satisfaction
B、skepticism
C、objectiveness
D、sympathy
3、A deal is a deal-except, apparently, when Entergy is involved. The company, a major energy supplier in New England, provoked justified outrage in Vermont last week when it announced it was reneging on a longstanding commitment to abide by the strict nuclear regulations. Instead, the company has done precisely what it had long promised it would not challenge the constitutionality of Vermont's rules in the federal court, as part of a desperate effort to keep its Vermont Yankee nuclear power plant running. It's a stunning move. The conflict has been surfacing since 2002, when the corporation bought Vermont's only nuclear power plant, an aging reactor in Vernon. As a condition of receiving state approval for the sale, the company agreed to seek permission from state regulators to operate past 2012. In 2006, the state went a step further, requiring that any extension of the plant's license be subject to Vermont legislature's approval. Then, too, the company went along. Either Entergy never really intended to live by those commitments, or it simply didn't foresee what would happen next. A string of accidents, including the partial collapse of a cooling tower in 2007 and the discovery of an underground pipe system leakage, raised serious questions about both Vermont Yankee's safety and Entergy's management—especially after the company made misleading statements about the pipe. Enraged by Entergy's behavior, the Vermont Senate voted 26 to 4 last year against allowing an extension. Now the company is suddenly claiming that the 2002 agreement is invalid because of the 2006 legislation, and that only the federal government has regulatory power over nuclear issues. The legal issues in the case are obscure: whereas the Supreme Court has ruled that states do have some regulatory authority over nuclear power, legal scholars say that Vermont case will offer a precedent-setting test of how far those powers extend. Certainly, there are valid concerns about the patchwork regulations that could result if every state sets its own rules. But had Entergy kept its word, that debate would be beside the point. The company seems to have concluded that its reputation in Vermont is already so damaged that it has noting left to lose by going to war with the state. But there should be consequences. Permission to run a nuclear plant is a public trust. Entergy runs 11 other reactors in the United States, including Pilgrim Nuclear station in Plymouth. Pledging to run Pilgrim safely, the company has applied for federal permission to keep it open for another 20 years. But as the Nuclear Regulatory Commission (NRC) reviews the company's application, it should keep it mind what promises from Entergy are worth. 1.The phrase “reneging on”(Line 2. para.1) is closest in meaning to( ).2.By entering into the 2002 agreement, Entergy intended to ( ). 3.According to Paragraph 4, Entergy seems to have problems with it ( ). 4.In the author's view, the Vermont case will test ( ). 5.It can be inferred from the last paragraph that( ).
問題1
A、condemning
B、reaffirming
C、dishonoring
D、securing
問題2
A、obtain protection from Vermont regulators
B、seek favor from the federal legislature
C、acquire an extension of its business license
D、get permission to purchase a power plant
問題3
A、managerial practices
B、technical innovativeness
C、financial goals
D、business vision
問題4
A、Entergy's capacity to fulfill all its promises
B、the mature of states' patchwork regulations
C、the federal authority over nuclear issues
D、the limits of states' power over nuclear issues
問題5
A、Entergy's business elsewhere might be affected
B、the authority of the NRC will be defied
C、Entergy will withdraw its Plymouth application
D、Vermont's reputation might be damaged
4、People are, on the whole, poor at considering background information when making individual decisions. At first glance this might seem like a strength that (1) the ability to make judgments which are unbiased by (2) factors. But Dr. Uri Simonsohn speculated that an inability to consider the big (3) was leading decision-makers to be biased by the daily samples of information they were working with. (4), he theorised that a judge (5) of appearing too soft (6) crime might be more likely to send someone to prison (7) he had already sentenced five or six other defendants only to forced community service on that day.To (8) this idea, he turned to the university-admissions process. In theory, the (9) of an applicant should not depend on the few others (10) randomly for interview during the same day, but Dr Simonsohn suspected the truth was (11).He studied the results of 9,323 MBA interviews (12) by 31 admissions officers. The interviewers had (13) applicants on a scale of one to five. This scale (14) numerous factors into consideration. The scores were (15) used in conjunction with an applicant’s score on the Graduate Management Admission Test, or GMAT, a standardised exam which is (16) out of 800 points, to make a decision on whether to accept him or her.Dr Simonsonh found if the score of the previous candidate in a daily series of interviewees was 0.75 points or more higher than that of the one (17) that, then the score for the next applicant would (18) by an average of 0.075 points. This might sound small, but to (19) the effects of such a decrease a candidate would need 30 more GMAT points than would otherwise have been (20).
問題1
A、grants
B、submits
C、transmits
D、delivers
問題2
A、minor
B、objective
C、crucial
D、external
問題3
A、issue
B、vision
C、picture
D、moment
問題4
A、For example
B、On average
C、In principle
D、Above all
問題5
A、fond
B、fearful
C、capable
D、thoughtless
問題6
A、in
B、on
C、to
D、for
問題7
A、if
B、until
C、though
D、unless
問題8
A、promote
B、emphasize
C、share
D、test
問題9
A、decision
B、quality
C、status
D、success
問題10
A、chosen
B、studied
C、found
D、identified
問題11
A、exceptional
B、defensible
C、replaceable
D、otherwise
問題12
A、inspired
B、expressed
C、conducted
D、secured
問題13
A、assigned
B、rated
C、matched
D、arranged
問題14
A、put
B、got
C、gave
D、took
問題15
A、instead
B、then
C、ever
D、rather
問題16
A、selected
B、passed
C、marked
D、introduced
問題17
A、before
B、after
C、above
D、below
問題18
A、jump
B、float
C、drop
D、fluctuate
問題19
A、achieve
B、undo
C、maintain
D、disregard
問題20
A、promising
B、possible
C、necessary
D、helpful
5、In order to “change lives for the better” and reduce “dependency,” George Osborne, Chancellor of the Exchequer, introduced the “upfront work search” scheme. Only if the jobless arrive at the jobcentre with a CV, register for online job search, and start looking for work will they be eligible for benefit—and then they should report weekly rather than fortnightly. What could be more reasonable?More apparent reasonableness followed. There will now be a seven-day wait for the jobseeker's allowance. “Those first few days should be spent looking for work, not looking to sign on,” he claimed. “We’re doing these things because we know they help people stay off benefits and help those on benefits get into work faster.” Help? Really? On first hearing, this was the socially concerned chancellor, trying to change lives for the better, complete with “reforms” to an obviously indulgent system that demands too little effort from the newly unemployed to find work, and subsidises laziness. What motivated him, we were to understand, was his zeal for “fundamental fairness”—protecting the taxpayer, controlling spending and ensuring that only the most deserving claimants received their benefits.Losing a job is hurting: you don't skip down to the jobcentre with a song in your heart, delighted at the prospect of doubling your income from the generous state. It is financially terrifying, psychologically embarrassing and you know that support is minimal and extraordinarily hard to get. You are now not wanted; you are now excluded from the work environment that offers purpose and structure in your life. Worse, the crucial income to feed yourself and your family and pay the bills has disappeared. Ask anyone newly unemployed what they want and the answer is always: a job.But in Osbomeland, your first instinct is to fall into dependency—permanent dependency if you can get it—supported by a state only too ready to indulge your falsehood. It is as though 20 years of ever tougher reforms of the job search and benefit administration system never happened. The principle of British welfare is no longer that you can insure yourself against the risk of unemployment and receive unconditional payments if the disaster happens. Even the very phrase “jobseeker's allowance” is about redefining the unemployed as a “jobseeker” who had no fundamental right to a benefit he or she has earned through making national insurance contributions. Instead, the claimant receives a time-limited “allowance,” conditional on actively seeking a job; no entitlement and no insurance, at $71.70 a week, one of the least generous in the EU. 1.George Osborne's scheme was intended to( ).2.The phrase “to sign on”(Paragraph 2) most probably means ( ). 3.What prompted the chancellor to develop his scheme?4.According to Paragraph 3, being unemployed makes one feel ( ). 5.To which of the following would the author most probably agree?
問題1
A、motivate the unemployed to report voluntarily
B、provide the unemployed with easier access to benefits
C、encourage jobseekers, active engagement in job seeking
D、guarantee jobseekers' legitimate right to benefits
問題2
A、to register for an allowance from the government
B、to accept the government's restrictions on the allowance
C、to check on the availability of jobs at the jobcentre
D、to attend a governmental job-training program
問題3
A、A desire to secure a better life for all.
B、An eagerness to protect the unemployed.
C、An urge to be generous to the claimants.
D、A passion to ensure fairness for taxpayers.
問題4
A、insulted
B、uneasy
C、enraged
D、guilty
問題5
A、Unemployment benefits should not be made conditional.
B、The British welfare system indulges jobseekers' laziness.
C、The jobseekers' allowance has met their actual needs.
D、Osborne's reforms will reduce the risk of unemployment.
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