【单选题】{{B}}Text 2{{/B}}
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 ofAppeals for the FederalCircuit said it would use particular case to conduct a broad review of business-method patents. In reBilski, as the case is known, is "a very big deal", saysDernnisD、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 FederalCircuit itself that introduced such patents with its 1998 decision in the so-called State StreetBank 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 pints 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.
TheBilski case involves a claimed patent on a method for hedging risk in the energy market. The FederalCircuit 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 StreetBank ruling.
The FederalCircuit’s action comes in the wake of a series of recent decisions by the SupremeCount that has narrowed the scope of protections for patent holders. LastApril, for example, the justices signaled that too many patents were being upheld for "inventions" that are obvious. The judges on the FederalCircuit are "reaction to the anti-patent trend at the supreme court", says HaroldC、Wegner, a patent attorney and professor at George Washington University Law School.
B．It involves a very big business transaction.
C．It has been dismissed by the FederalCircuit.
D．It may change the legal practices in the U.S.
网考网参考答案：D
网考网解析：
[定位] 根据题干中的Bilski，定位于第2段。 [解析] 文章第2段最后指出，Bilski这一案件的潜在目的，是要消除所有的专利，即不再对专利提供特殊保护，但是在这之前，法律是对这些专利有保护的，可见该案件使得司法实践发生了改变。故选D。 [避错] 选项A：它的裁定符合法院的决定。文章并没有提到对该案件的判决。选项B：它涉及到了一笔很大的交易。该选项是对原文中a very big deal含义的歪曲，结合上下文可知，文章中a very big deal 的含义，是指该案件的影响重大，并非指“大交易”。 [避错] 选项C：联邦巡回法院不受理该案件。文章中没有提到。 [点睛] 本题选项C中的dismiss是法律术语，意为“不予受理”。 document.getElementById("warp").style.display="none"; document.getElementById("content").style.display="block"; 查看试题解析出处>>
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