考研英语阅读中英全文对照版

UNIT ONE

TEXT ONE Tesco is preparing a legal battle to clear its name of involvement in the dairy price-fixing scandal that has cost consumers ￡270 million. Failure to prove that it had no part in collusion with other supermarkets and dairy processors may land it with a fine of at least ￡80 million. The Office of Fair Trading (OFT) said yesterday that Asda, Sainsbury’s and the former Safeway, plus the dairy companies Wiseman, Dairy Crest and Cheese Company, had admitted being in a cartel to fix prices for milk, butter and cheese. They were fined a total of just over ￡116 million as part of a leniency deal offered by the watchdog to companies that owned up quickly to anti-competitive behaviour.

Officials at the OFT admitted privately that they did not think they would ever discover which company or individual had initiated the pricing formula. But the watchdog recognises that at the time supermarkets were under pressure from politicians and farmers to raise the cost of milk to save dairy farming, though it is not certain that money found its way to farmers. The OFT claimed in September that it had found evidence that the retail chains had passed future milk prices to dairy companies, which then reached a fixed price among themselves.

The average cost to each household is thought to be ￡11.25 over 2002 and 2003. Prices went up an extra 3p on a pint of milk, 15p on a quarter of a pound of butter and 15p on a half pound of cheese. There is no direct recompense for consumers, however, and the money will go to the Treasury. The National Consumer Council gave warning that the admissions would dent consumer confidence in leading high street names and that people would become sceptical of their claims. Farmers For Action, the group of farmers that has led protests over low milk prices since 2000, is seeking legal advice on whether it can now bring a claim for compensation.

The OFT investigation is continuing, however, in relation to Tesco, Morrisons and the dairy group Lactalis McLelland, and any legal action is expected to be delayed until that is completed.

Tesco was defiant and said that it was preparing a robust defence of its actions. Lucy Neville-Rolfe, its executive director, said: “As we have always said, we acted independently and we did not collude with anyone. Our position is different from our competitors and we are defending our own case vigorously. Our philosophy is to give a good deal to customers.”

Morrisons has supported the OFT in inquiries into the former Safeway

business that it took over, but in a statement said that it was still making “strong representations” in its defence. A spokeswoman for Lactalis McLelland said that the company was “co-operating” with the OFT. Industry insiders suggested that the three companies were deliberately stalling the OFT investigation.

Sainsbury’s admitted yesterday that it had agreed to pay ￡26 million in fines, but denied that it had sought to profiteer. Justin King, the chief executive, said he was disappointed that the company had been penalised for actions meant to help farmers but recognised the benefit of a speedy settlement. Asda declined to say how much it would pay in fines and also said that its intention had been to help farmers under severe financial pressure.

参考译文：

Tesco为了摆脱限定奶制品价格风波，正在准备一场大官司。奶制品事件已经给消费者带来了两亿七千万的损失。如果不能证明自己并未和其他超市、奶制品加工商串通一气的话，它就得接受至少八千万的罚单。昨天，OFT声称Asda, Sainsbury’s 和前Safeway，还有奶制品公司Wiseman, Dairy Crest and Cheese Company都已承认它们联合设定了牛奶、黄油及奶酪的价格。他们总共的罚金只有差不多一亿一千六百万，这是监察部门对积极坦白反竞争行为公司的一种宽大处理。

OFT官员私下声称他们不一定想要找出到底是具体哪家公司或哪个人发起这次价格行动的，但是监察部门承认这次超市受到政客和农民的双重压力，要求提高牛奶成本以拯救奶制品畜牧业，但是最终钱还不一定能流到农民手中。OFT九月份称他们已经发现证据证明零售链已经将未来的牛奶价格告知奶制品公司，然后奶制品公司自己内部设定了固定价格。

2002和2003年间平均每户损失为11.25英镑。每品脱牛奶价格上涨3便士，每0.25磅黄油上涨15便士，每半磅奶酪涨15便士。但是消费者却没有任何的补偿，利润全部到了国库。全国消费者委员会警告说长此以往会损害消费者的信心，人们也会逐渐怀疑委员会的声明。Farmers For Action2002年以来一直领导农民抗议牛奶价格过低，目前在就是否可以申请补偿寻求法律意见。

不过OFT还在继续对Tesco, Morrisons 和奶制品集团Lactalis McLelland进行调查，任何法律行为都将推迟到调查结束。

Tesco对此不屑一顾，声称在为自己的行为准备最坚决的辩护。执行理事Lucy Neville-Rolfe说：“正如我们一贯宣称的，我们行动完全独立，和谁都没有联合。我们的立场和我们的对手不一样，我们在尽力保

护我们的事业。我们的理念就是为消费者更好地服务。”

Morrisons协助OFT调查它所管理的前Safeway的交易，但是在一次声明中还称自己依然会在辩护中进行强烈的抗议。Lactalis McLelland的一个代言人说公司在和OFT“合作”，而企业内部人士暗示这三家公司在蓄意拖延OFT调查。

昨天Sainsbury’s承认已经同意支付两千六百万的罚金，但是却否认它在牟取暴利。执行董事Justin King说本来是要帮助农民却因此受到惩罚，感觉很失望，但他也承认尽快解决更为有利。Asda不愿意透露要赔付多少，并声称其初衷是要帮助那些有沉重经济压力的农民。

TEXT TWO

He emerged, all of a sudden, in 1957: the most explosive new poetic talent of the English post-war era. Poetry specialised, at that moment, in the wry chronicling of the everyday. The poetry of Yorkshire-born Ted Hughes, first published in a book called “The Hawk in the Rain” when he was 27, was unlike anything written by his immediate predecessor s. Driven by an almost Jacobean rhetoric, it had a visionary fervour. Its most eye-catching characteristic was Hughes's ability to get beneath the skins of animals: foxes, otters, pigs. These animals were the real thing all right, but they were also armorial devices—symbols of the countryside and lifeblood of the earth in which they were rooted. It gave his work a raw, primal stink.

It was not only England that thought so either. Hughes's book was also published in America, where it won the Galbraith prize, a major literary award. But then, in 1963, Sylvia Plath, a young American poet whom he had first met at Cambridge University in 1956, and who became his wife in the summer of that year, committed suicide. Hughes was vilified for long after that, especially by feminists in America. In 1998, the year he died, Hughes broke his own self-imposed public silence about their relationship in a book of loose-weave poems called “Birthday Letters”. In this new and exhilarating collection of real letters, Hughes returns to the issue of his first wife's death, which he calls his “big and unmanageable event”. He felt his talent muffled by the perpetual eavesdropping upon his every move. Not until he decided to publish his own account of their relationship did the burden begin to lighten.

The analysis is raw, pained and ruthlessly self-aware. For all the moral torment, the writing itself has the same rush and vigour that possessed Hughes's early poetry. Some books of letters serve as a personalised historical chronicle. Poets' letters are seldom like that, and Hughes's are no exception. His are about a life of literary engagement: almost all of them

include some musing on the state or the nature of writing, both Hughes's own or other people's. The trajectory of Hughes's literary career had him moving from obscurity to fame, and then, in the eyes of many, to life-long notoriety. These letters are filled with his wrestling with the consequences of being the part-private, part-public creature that he became, desperate to devote himself to his writing, and yet subject to endless invasions of his privacy.

Hughes is an absorbing and intricate commentator upon his own poetry, even when he is standing back from it and good-humouredly condemning himself for “its fantasticalia, its pretticisms and its infinite verballifications”. He also believed, from first to last, that poetry had a special place in the education of children. “What kids need”, he wrote in a 1988 letter to the secretary of state for education in the Conservative government, “is a headfull [sic] of songs that are not songs but blocks of refined and achieved and exemplary language.” When that happens, children have “the guardian angel installed behind the tongue”. Lucky readers, big or small.

参考译文：

1957年，他横空出世，成为英国战后最具爆炸性的诗坛天才。当时，诗歌主要题材是日常生活的扭曲纪录。但出生在约克郡的特德·休斯的作品却与其前辈大相径庭，他27岁时在名为《雨中的鹰》一书中发表了第一首诗。受詹姆士一世风格的影响，其诗歌呈现出幻觉式的激情，其最显著的特点是休斯可以描述动物外表下面的东西，无论是狐狸、水獭还是猪。这些动物的确是真实的，但同时又是标志性的，代表着乡村，代表着它们植根的地球的生命之源。正是这一点赋予了其作品一种野性、原始的气息。

这一点不仅仅在英国得以认同。休斯的书也在美国出版，并且赢得了一项重要的文学奖——加尔布雷思奖。但是在1963年，西尔维亚·普拉斯自杀了，这个美国年轻诗人与他第一次见面是在1956年的剑桥大学，而当年夏天又成为了他妻子。这之后很长时间里休斯都受到人们的谴责，尤其是美国的女权主义者。1998年，也就是休斯去世的那一年，他在自己一本名为《生日信札》的结构松散的诗集中公开了他俩的关系，打破了他自己一直以来的缄默。在这本令人兴奋的新书信集中，休斯回忆了他第一个妻子的死，“难以处理的大事情”——他这样形容。他感觉自己的一举一动都受到监视，他的天赋因而受到了制约。直到他出版了自己的这本有关他们关系的书时，他身上的负担才得以减轻。

他的剖析自然、饱含痛苦，具有强烈的自我意识。尽管书中极尽表

达了其精神的苦痛，但文字本身却具有休斯早期诗歌的激情和活力。一些书信集只是个人的经历记录而已，但是诗人的书信集却不同，休斯的也不例外。他的书信集描写了其文学生涯：几乎所有的书信都有关于写作状态或写作性质的思考，有他自己，也有别人的。休斯的文学生命轨迹是从无名到闻名，而后，在众人看来又经历了漫长的名誉扫地的阶段。这些信中处处都显现出休斯和自己成为半私人、半公开人物这样一个结果反复挣扎的心理，他渴望将自己奉献给文字，但又时时受到私人空间被侵袭的威胁。

有意思而且令人费解的是，休斯还对自己的诗歌进行评论，他甚至还以局外人的身份来看待自己的作品，很幽默地批评自己的诗歌“有空想色彩、唯美化且一直咬文嚼字”。他还从始至终坚信诗歌在教育孩子方面有特殊的作用。1988年他在给保守党政府国家教育部长的一封信中这样写道：“孩子们需要的是满脑子的歌曲，其实不是歌曲，而是精致、优秀、具有代表性的语言。”如果真能这样，那么孩子们“舌头后面就会有守卫天使了”。幸运的读者，不管是大人还是孩子

TEXT THREE

Controled bleeding or cauterisation? That was the unappealing choice facing UBS, a Swiss bank which has been badly hurt by the carnage in America’s mortgage market. The bank opted for the latter. First it opened the wound, by announcing a hefty $10 billion write-down on its exposure to subprime-infected debt. UBS now expects a loss for the fourth quarter, which ends this month. Then came the hot iron: news of a series of measures to shore up the bank’s capital base, among them investments from sovereign-wealth funds in Singapore and the Middle East.

Bad news had been expected. UBS’s third-quarter write-down of over SFr4 billionin October looked overly optimistic compared with more aggressive markdowns at other banks such as Citigroup and Merrill Lynch. Steep falls in the market value of subprime debt since the end of the third quarter made it certain that UBS would take more pain, given its sizeable exposure to toxic collateralised-debt obligations (CDOs). Analysts at Citigroup were predicting in November that write-downs of up to SFr14 billion were possible.

Why then did this new batch of red ink still come as a shock? The answer lies not in the scale of the overall loss, more in UBS’s decision to take the hit in one go. The bank’s mark-to-model approach to valuing its subprime-related holdings had been based on payments data from the underlying mortgage loans. Although these data show a worsening in credit

quality, the deterioration is slower than mark-to-market valuations, which have the effect of instantly crystallising all expected future losses.

Thanks to this gradualist approach, UBS had been expected to take write-downs in managed increments of SFr2 billion-3 billion over a period of several quarters. It now appears that the bank has incorporated market values into its model, sending its fourth-quarter write-downs into orbit. The change of approach may be on the advice of auditors and regulators but it is more likely to reflect a desire by UBS’s bosses to avoid months of speculation about the bank’s exposure, something that Marcel Rohner, the chief executive, described as “distracting”.

In a particular indignity for a bank long associated with conservatism, concerns about the level of UBS’s capital ratio had even started to surface. Hence the moves to strengthen its tier-one capital, an important measure of bank solidity, by SFr19.4 billion, a great deal more than the write-down. The majority of that money will come from sovereign-wealth funds, the white knights of choice for today’s bank in distress. Singapore’s GIC, which manages the city-state’s foreign reserves, has pledged to buy SFr11 billion-worth of convertible bonds in UBS; an unnamed Middle Eastern investor will put in a further SFr2 billion. UBS will also raise money by selling treasury shares, and save cash by issuing its 2007 dividend in the form of shares. Its capital ratio is expected to end up above 12% in the fourth quarter, a strong position.

Hopeful talk of lines being drawn under the subprime crisis has been a feature of banks’ quarterly reporting since September. Marrying bigger-than-expected write-downs with bigger-than-expected boosts to capital looks like the right treatment in this environment. But UBS still cannot be sure that its problems are over. Further deterioration in its subprime asset values is possible; the broader economic impact of the credit crunch is unclear; and the damage to the bank’s reputation cannot yet be quantified. The patient still needs watching.

参考译文：

有控制地流血还是灼伤？这是UBS，一家因美国抵押信贷市场受到重挫的瑞士银行所要面对的尴尬选择。而这家银行选择了后者——先是在公开次级感染债务之际宣布高达100亿资产价值缩水，从而裸露出伤口。UBS目前预计第四季度也将亏损，本月就能见分晓。紧接着就传来了热点议题：报道有一系列的措施来支持银行的资本基础，其中就有新

加坡和中东的君主财富基金。

也应该会有些坏消息。十月，UBS四分之三的资产价值缩水超过40亿瑞士法郎，这与其他银行（如Citigroup 和 Merrill Lynch）更为严重的状况相比而言还是较为乐观的。第三季度末次级债市场价值的急剧下落使得UBS将会面临更多的苦痛，尤其是它相当大的一部分资产都受到抵押的影响。Citigroup分析师在11月预言可能会有140亿瑞士法郎的损失。

那么为什么这次新的一组赤字还是让人们大吃一惊呢？答案并不是因为总亏损的规模，而是UBS决定一次性地承担损失。银行估量其与次级债相关的股票所用的按模型定价方法是基于第一担保抵押贷款的支付数据上的。尽管这些数据显示信用有所降低，但比起用按市值计价的估量方式其恶化速度要慢一些，具有迅速明确所有未来损失的作用。

正是由于采取了这个缓和的方式，UBS可望在几个季度内将资产账面价值增长控制在20到30亿瑞士法郎。目前显示出该银行已经将市场价值纳入其模式中，从而将第四季度的资产账面价值控制在一定范围内。方法改变可能是审计员或调节员建议的，但更反映了UBS高层要避免数月来对银行曝光的猜测——这被首席执行官Marcel Rohner形容为“转移注意力（的方案）”。

一个长期以保守见称的银行如今却受到这种侮辱，对于UBS的资金率的担心也就逐渐出现了。因此就采取措施加强了第一层资金约194亿瑞士法郎，该数额比资产账面损失要多许多，这是增加银行信用的重要方法。资金大部分来源于君主资产基金，这是当今处于困境的银行的白衣骑士。新加坡GIC掌握着这个城市国家的外汇储备，它承诺要购买UBS110亿瑞士法郎的可转债。一个匿名的中东投资者又投入了20亿瑞士法郎。UBS也会售卖债券、以股票的形式发行2007的红利来募集现金。其资本率有望在第四季度达到12%多，这样处境就很不错了。

从九月份以来，银行季度报告会的一大特色就是讨论将额度控制在次级风险之下。把比预期大的资产账面降低程度和比预期大的资本增加相结合好像是这种氛围下的一个正确处理方案。但是UBS还是不能确保问题都已解决。有可能出现次级资产价值的继续恶化，而且信用创伤引起的更广阔范围内的经济冲击也不很明确，还有对公司名誉的损害程度也还没有确定。病情还有待观察。

TEXT FOUR

Just as Norman Mailer, John Updike and Philip Roth were at various times regarded as the greatest American novelist since the second world war, John Ashbery and Robert Lowell vied for the title of greatest American poet. Yet the two men could not be more different. Lowell was a public figure who

engaged with politics—in 1967 he marched shoulder-to-shoulder with Mailer in protest against the Vietnam war, as described in Mailer's novel “The Armies of the Night”. Lowell took on substantial themes and envisioned himself as a tragic, heroic figure, fighting against his own demons. Mr Ashbery's verse, by contrast, is more beguilingly casual. In his hands, the making of a poem can feel like the tumbling of dice on a table top. Visible on the page is a delicately playful strewing of words, looking to engage with each other in a shyly puzzled fashion. And there is an element of Dada-like play in his unpredictability of address with its perpetual shifting of tones.

Lowell, who died in 1977 at the age of 60, addressed the world head on. By contrast, Mr. Ashbery, who celebrated his 80th birthday earlier this year, glances wryly at the world and its absurdities. In this edition of his later poems, a substantial gathering of verses selected from six volumes published over the past 20 years, his poetry does not so much consist of themes to be explored as comic routines to be improvised. He mocks the very idea of the gravity of poetry itself. His tone can be alarmingly inconsequential, as if the reader is there to be perpetually wrong-footed. He shifts easily from the elevated to the work-a-day. His poems are endlessly digressive and there are often echoes of other poets in his writings, though these always come lightly at the reader, as though they were scents on the breeze.

Lowell wrote in strict formal measures; some of his last books consisted of entire sequences of sonnets. Mr. Ashbery can also be partial to particular forms of verse, though these tend to be of a fairly eccentric kind—the cento (a patchwork of other poets' works), for example, and the pantoum(a Malaysian form, said to have been introduced to 19th-century Europe by Victor Hugo). Often he writes in a free-flowing, conversational manner that depends for its success upon the fact that the ending of lines is untrammeled by any concern about whether or not they scan. Within many of his poems, there often seems to be a gently humorous antagonism between one stanza and the next. Mr. Ashbery likes using similes in his poetry. This is often the poet's stock-in-trade, but he seems to single them out in order to send up the very idea of the simile in poetry, as in “Violets blossomed loudly/ like a swear word in an empty tank”.

Life, for Lowell, was a serious matter, just as he was a serious man. Mr Ashbery's approach, as evinced by his poetry, is more that of a gentle shrug of amused bewilderment. Unlike Lowell's, his poems are neither autobiographical nor confessional. He doesn't take himself that seriously. “Is

all of life a tepid housewarming?” For a poet this is a tougher question to answer than you might think.

参考译文：

二战后，Norman Mailer、John Updike、Philip Roth成为美国公认的最伟大的小说家，同样地，John Ashbery和Robert Lowell也争取美国最伟大的诗人这个名号。但是，这两个家伙可是截然不同。Lowell是个公众人物，参与政治活动。1967年，他和Mailer肩并肩抗议越战，Mailer 在其小说《夜行军》曾描述了这些情景。Lowell选择的主题宏大，把自己想象成富有悲剧色彩的英雄形象，和自己的恶魔战斗。而Ashbery的诗却颇有闲逸气。于他而言，做诗就好像是在桌上滚动的，纸上呈现的词精妙地散落着，与其他词形成一种晦涩含蓄的搭配。其不断的语气变化又使得本来变化莫测的措辞平添了一丝“达达派”的意味。

Lowell于1977年去世，终年60岁，他还号召世界继续前进。而今年年初才庆贺了自己80岁生日的Ashbery，却冷眼瞧着这个世界，以及这个世界的荒诞。他这本晚些出版的诗集选编了过去20年间出版的六本诗集中的诗歌，其主题不再是像那种临时准备的老套滑稽节目，他戏谑诗歌本身具有严肃性这个话题。他的语气极其不合逻辑，好像读者永远都站不对阵脚。他的语气一会儿是严肃的，一会儿马上就成了work-a-day。他的诗歌是那么的不着边际，中间或夹杂有其他诗人的一词半调但轻轻地来到读者面前，就好像风中的一丝气息而已。

Lowell遵循严格的格式，他最后的一些作品有完整的十四行诗体例。Ashbery先生的诗歌也有一定的格式，只是有点怪异罢了——比如集锦（其他诗人作品的杂合），比如潘顿诗体（一种马来西亚诗体，据说是由维克托·雨果引入19世纪的欧洲的）。他常以一种随意、会话式的方式创作，关键就在于每行结尾不必非得符合格律。在他的许多诗里面，两节之间常是有点滑稽的对立。Ashbery先生喜欢用明喻。虽然这是诗人的惯用手法，但他却把这些比喻单独挑出来，好像要戏谑诗里面明喻这个概念。比如“紫罗兰纵情开放/ 宛如空桶里的一句毒誓”。

对于Lowell，生活是件严肃的事情，正如他本人一样。而Ashbery 的生活方式却不止是因困惑而轻轻地耸一下肩，这从他的诗中就可以看出来。和Lowell不同，他的诗既不是自传性质的，也不是忏悔的。他并不那么较真。“生活的全部是不是只是并不热烈乔迁庆宴？”这个问题让一个诗人来回答，可是比我们想象的难得多。

2015考研英语阅读理解精读P18—医学

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2015考研英语阅读理解精读P18—工学 类 Passage 18 Tennis hopeful Jamie Hunt, 16, felt he could not become a world-class junior player while attending a regular school. The international circuit has players on the road 50% of the time--and it's hard to focus on your backhand when you're worrying about being on time for homeroom. So last year Hunt, who hones his ground strokes at Elite TNT Tennis Academy in April Sound, Texas, enrolled for academics in the $9,750-a-year University of Miami Online High School (UMOHS), a virtual school that caters to athletes. "The online school gives me the flexibility I need," says Hunt. "The workload is the same, but I can do it anywhere. It's nicer to ask a question face-to-face with a teacher, but in some ways it prepares me better for college because I have to be more independent." A year ago, Hunt's world junior ranking was 886; now it's 108. Virtual high schools, which allow students to take classes via PC, have emerged as an increasingly popular education alternative, particularly for on-the-go athletes. UMOHS has more than 400 students enrolled, 65% of whom are athletes. Accredited by the 100-year-old Southern Association of Colleges and Schools, UMOHS offers honors and advanced-placement classes. All course material is online, along with assignments and due dates. For help, says principal Howard Liebman, "a student may e-mail, instant message or call the teacher." Dallas mom Lori Bannon turned to another online school, Laurel Springs in Ojai, Calif. Bannon, who has a medical degree from Harvard, didn't want to compromise the education of her daughter Lindsay, 13, an élite gymnast who spends eight hours a day in the gym. "Regular school was not an option," says Bannon, "but I wanted to make sure she could go back at grade level if she quit gymnastics." Laurel Springs' enrollment has increased 35% a year for the past four years, to 1,800 students. At least 25% are either athletes or child entertainers. Educators are split on the merits of such schools. Paul Orehovec, an enrollment officer for the University of Miami, admits, "I was somewhat of a skeptic. But when I looked into their programs and accreditation, I was excited. UMOHS is the first online school to be granted membership in the National Honor Society." Kevin Roy, Elite's director of education, sees pitfalls and potential in virtual schools. "You will never have that wonderful teacher who inspires you for life," says Roy. "But the virtual school offers endless possibilities. I don't know where education's imagination will take this." 注(1)：本文选自Time;11/29/2004, p149-149, 1/2p, 1c; 注(2)：本文习题命题模仿对象2004年真题text 4第1、2题(1、2)，text 1 第2 题(3)，text 3第5 题(5)和2000年真题text 4第4题(4); 1. What does Jamie Hunt get from the virtual school? [A] the ability to perfect his tennis skills [B] the time to do his school work

考研英语阅读翻译1

ase 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.” 现在，该国最高专利法院似乎完全准备好要缩减商业方法专利，因为商业方法专利自从十年前第一次批准授予以来一直有争议。在一项使得知识产权律师们议论纷纷的提议中，美国联邦巡回上诉法院声称它将利用某个具体案件来对商业方法专利进行广泛的复审。密苏里大学法学院Dennis D. Crouch说，“正如人们所知道的那样，Bilski案例是一件非常大的事情”它可能将消除整个专利类别”。 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. 对于商业方法诉求的限制是个戏剧性的彻底变化，因为正是联邦巡回法院自己引进了这种专利。那是在1998年，对于所谓的美国道富银行的案件中，联邦巡回法院做出了判决，批准了筹集共同基金资产的方法具有专利权。这一裁决使得商业方法专利文件以几何数级增加，起初只是一些 注：to the punch的英文解释为to the first blow or to decisive action ― usually used with beat 所以这里翻译为“先下手为强”或“抢占先机”。 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 th ree, and that one issue it wants to evaluate is whether it should “reconsider” its State Street Bank ruling. 前面提到的Bilski案例涉及到一份已申请的方法专利，即关于能源市场的风险规避方 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. 联邦巡回法院的这一裁决效仿了最高法院。最高法院最近做出了一系列的判决，缩小了专利持有者的受保范围。例如，去年四月，法官们认定太多的专利授予了一些显而易见的