Regrettably, a number of companies have sprung up for the sole purpose

Question

Regrettably, a number of companies have sprung up for the sole purpose of amassing software patent portfolios. These companies generate revenue by pursuing patent infringement cases. Software code is analogous to literature in that its exact language is legally the intellectual property of its author. However, innumerable software patents that also protect the concept behind the software have been approved by the U.S. Patent and Trademark Office since the late 1990s. And when multiple patents exist for a single idea, there has sometimes been sufficient evidence to award one patent holder damages from companies that have designed software using an idea expressed in another, similar patent.

Although protections on intellectual property may seem invaluable, many innovative companies have been destroyed by the enforcement of vaguely worded software patents. As the importance of maintaining a consumer-friendly web presence has grown, it is not unusual to see identical interactive features on dozens of websites across a single industry. The abundance of web-based consumer transactions makes it unreasonable to stipulate that unrestricted use of a convenient feature, such as an online shopping cart, be limited to the website of the company whose developer first conceptualized it.
 
The patenting of concepts can actually stifle the innovation that patents should encourage. Imagine a smart phone that uses a popular operating system to run all of its downloadable applications. If a startup developed an application that was compatible with that operating system, but the theory behind the compatibility of that well-known system with an application had been patented—especially if that patent were owned by a third party whose sole intent was to use it to generate revenue—the startup could be sued and bankrupted even though the application itself was a novel idea.
 
A particularly egregious case of patent abuse took place when one particular company with a long history of engaging others in lawsuits based on undue claims of patent infringement sued dozens of well-known companies for their use of streaming video. In an unfortunate twist, even though the “patent troll” ultimately lost its case in front of a federal jury, it had already earned millions from this claim. Although a handful of companies were willing to take the case to trial, for most companies the financial burden of waging a legal defense made an out-of-court settlement the more pragmatic option.    1 
 1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?

A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases.
B. Companies that are sued for patent infringement seldom recover from the financial setback of such a lawsuit if they choose to take their cases to trial.
C. Companies that design software to be compatible with existing electronics will incur significant costs in the process of obtaining the rights to do so.
D. Companies that hold patents for certain software theories and concepts may not have done enough to protect their intellectual property.
E. Companies that utilize common software features on their websites will inevitably expose themselves to the financial liability of lawsuits.

2 
 2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?

A. Their patents are void when there is more than one patent that covers the same general concept, regardless of whether the code used differs greatly.
B. Their patents are so vague that one company will not be motivated to offer a settlement to another company that sues the first for patent infringement.
C. They are likely to be the subject of infringement lawsuits brought by "patent trolls" more often than are other patent protected software concepts.
D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder.
E. Their patents are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial.

3 
 3. The final paragraph of the passage accomplishes which of the following tasks?

A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs.
B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action.
C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others.
D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse.
E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage.

4 
 4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?

A. A company has started utilizing the same interactive web features on its consumer-facing website as has a competitor that has been in the industry a longer period of time.
B. A company has a substantial patent portfolio that covers several operating systems used in consumer electronics.
C. A company contracts with a startup to develop software for its new line of laptop computers, but the startup also has a contract with a competitor for a similar product.
D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago.
E. A company submits an application to the U.S. Patent and Trademark Office to patent a software concept for which several other patents already exist.

Elite097 · Answer

1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?

A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases.
B. Companies that are sued for patent infringement seldom recover from the financial setback of such a lawsuit if they choose to take their cases to trial.
C. Companies that design software to be compatible with existing electronics will incur significant costs in the process of obtaining the rights to do so.
D. Companies that hold patents for certain software theories and concepts may not have done enough to protect their intellectual property.
E. Companies that utilize common software features on their websites will inevitably expose themselves to the financial liability of lawsuits.
Ans E

Question 2

2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?

A. Their patents are void when there is more than one patent that covers the same general concept, regardless of whether the code used differs greatly.
B. Their patents are so vague that one company will not be motivated to offer a settlement to another company that sues the first for patent infringement.
C. They are likely to be the subject of infringement lawsuits brought by "patent trolls" more often than are other patent protected software concepts.
D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder.
E. Their patents are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial.

Ans E

Question 3

3. The final paragraph of the passage accomplishes which of the following tasks?

A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs.
B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action.
C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others.
D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse.
E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage.
ANs C

Question 4

4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?

A. A company has started utilizing the same interactive web features on its consumer-facing website as has a competitor that has been in the industry a longer period of time.
B. A company has a substantial patent portfolio that covers several operating systems used in consumer electronics.
C. A company contracts with a startup to develop software for its new line of laptop computers, but the startup also has a contract with a competitor for a similar product.
D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago.
E. A company submits an application to the U.S. Patent and Trademark Office to patent a software concept for which several other patents already exist.
Ans B

zyt · Answer

1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?

A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases.
Incorrect, the passage suggests that the developers can protect not only their code but also the concept of the software, the law is more developer friendly

B. Companies that are sued for patent infringement seldom recover from the financial setback of such a lawsuit if they choose to take their cases to trial.
Incorrect: the last para states that companies take the more practical approach of out of court settlement, but the passage does not categorically say that the companies go bankrupt.

C. Companies that design software to be compatible with existing electronics will incur significant costs in the process of obtaining the rights to do so.
Incorrect: this is not mentioned in the passage

D. Companies that hold patents for certain software theories and concepts may not have done enough to protect their intellectual property.
Incorrect: the companies have patented the software code and the concept also, clearly they have done more than enough.

E. Companies that utilize common software features on their websites will inevitably expose themselves to the financial liability of lawsuits.
CORRECT: this is suggested in the passage particularly in the second paragraph

2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?

A. Their patents are void when there is more than one patent that covers the same general concept, regardless of whether the code used differs greatly.
Incorrect, this is not suggested, it is not generalized to this extent that even if codes are greatly different they are in trouble.

B. Their patents are so vague that one company will not be motivated to offer a settlement to another company that sues the first for patent infringement.
Incorrect, ths is not implied

C. They are likely to be the subject of infringement lawsuits brought by "patent trolls" more often than are other patent protected software concepts.
Incorrect: the patent troll was one particular example, not necessary that it will be the most common type of lawsuit.

D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder.
CORRECT: The passage says that "The abundance of web-based consumer transactions makes it unreasonable to stipulate that unrestricted use of a convenient feature, such as an online shopping cart, be limited to the website of the company whose developer first conceptualized it" in the second paragraph 
 
E. Their patents are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial.
Incorrect: this is not the case that no single company can defend

3. The final paragraph of the passage accomplishes which of the following tasks?

A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs.
Incorrect: it does not review info, it just gives a outstanding example

B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action.
Incorrect: No suggestions only a specific example is given

C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others.
Incorrect: it negatively affected most companies, many went for out of court settlement as the practical approach

D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse.
Incorrect: it cites an example, no quality is described

E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage.
CORRECT: yes, the risks of patient infringement are mentioned in previous paragraphs and a specific example is given in the last paragraph

4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?

A. A company has started utilizing the same interactive web features on its consumer-facing website as has a competitor that has been in the industry a longer period of time.
Incorrect: unless the competitor has patented the features , the company need not worry.

B. A company has a substantial patent portfolio that covers several operating systems used in consumer electronics.
Incorrect: Another company has to use the patents in the companies portfolio without permission for a lawsuit.

C. A company contracts with a startup to develop software for its new line of laptop computers, but the startup also has a contract with a competitor for a similar product.
Incorrect: this is not the scope of the discussion

D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago.
CORRECT: this is suggested in the second paragraph

E. A company submits an application to the U.S. Patent and Trademark Office to patent a software concept for which several other patents already exist.
Incorrect: At most the application will be rejected, Not grounds for a lawsuit

Snehaaaaa · Answer

Question 1
1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?
A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases.- This is not a point of caution for the companies that are engaged in the development or public use of software in some capacity
B. Companies that are sued for patent infringement seldom recover from the financial setback of such a lawsuit if they choose to take their cases to trial.- This is not a caution to the companies involved in development of software for public use
C. Companies that design software to be compatible with existing electronics will incur significant costs in the process of obtaining the rights to do so.- This does not present a reason for caution
D. Companies that hold patents for certain software theories and concepts may not have done enough to protect their intellectual property.- This does not present a reason for caution
 E. Companies that utilize common software features on their websites will inevitably expose themselves to the financial liability of lawsuits.- This is a caution presented. This is the correct answer

Question 2
2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?
A. Their patents are void when there is more than one patent that covers the same general concept, regardless of whether the code used differs greatly.- This is not true concerning website features
B. Their patents are so vague that one company will not be motivated to offer a settlement to another company that sues the first for patent infringement.- This is not true concerning website features
C. They are likely to be the subject of infringement lawsuits brought by "patent trolls" more often than are other patent protected software concepts.- This is not true concerning website features
 D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder.- This is true with respect to website features. This is the correct answer 
E. Their patents are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial.-This is not true concerning website features

Question 3
3. The final paragraph of the passage accomplishes which of the following tasks?
A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs.- The last para does not reviews information already provided.
B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action.- This is not the purpose of the final paragraph of the passage
 C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others.-This is the intent of last paragraph. This is the correct answer 
D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse.- Presenting an additional quality is not the the intent of last paragraph
E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage.- Usage of 'Impractical circumstances' is wrong here

Question 4
4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?
A. A company has started utilizing the same interactive web features on its consumer-facing website as has a competitor that has been in the industry a longer period of time.- no patent infringement case can be filed in this case
B. A company has a substantial patent portfolio that covers several operating systems used in consumer electronics.- Holding a patent portfolio is not enough condition for filing patent infringement
C. A company contracts with a startup to develop software for its new line of laptop computers, but the startup also has a contract with a competitor for a similar product.- This scenario does not qualify for a patent infringement case
 D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago.- Here the company who purchased the patent from developer can file a patent infringement case against the company that is using the patented theory to develop a web feature. This is the correct answer 
E. A company submits an application to the U.S. Patent and Trademark Office to patent a software concept for which several other patents already exist.- This does not qualify for a patent infringement case.

sanjitscorps18 · Answer

1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?

A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases.
--> True in case the patent of the software concept has already been granted and hence can be contested.

2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?
D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder.
--> Established in the 2nd paragraph

3. The final paragraph of the passage accomplishes which of the following tasks?
C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others.
--> The situation has been summed up in this statement

4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?
D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago.
--> Sufficient grounds

ADCD

Ritax · Answer

Because of different time zone, I only have 1.5 hours before the activity end.

deleted Q1 Q2 Q4 as incorrect answer Q3 The final paragraph of the passage accomplishes which of the following tasks? Prethink : P4 talks about the real situation that some company willing to pay quite amount of money to end the problem outside of court. A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs. X this information not yet been stated in previous paragraph B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action. X P4 not talking about risks C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others. X the author did not seems to be surprised and knows about this all along D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse. X no quality of companies provided E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage. ✓ P4 provide more information about how these bad companies make their money

happypuppy · Answer

1. E
2. D
3. C
4. D

1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?

A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases.
- wrong - "not be able to use those patents as a legal defense in infringement cases." this is not said in passage. 
B. Companies that are sued for patent infringement seldom recover from the financial setback of such a lawsuit if they choose to take their cases to trial.
- wrong - "seldom recover from the financial setback " This is not inferred from "A particularly egregious case of patent abuse took place when one particular company with a long history of engaging others in lawsuits based on undue claims of patent infringement"
C. Companies that design software to be compatible with existing electronics will incur significant costs in the process of obtaining the rights to do so.
- wrong - Irrelevant option. Cost of patent is not caution.
D. Companies that hold patents for certain software theories and concepts may not have done enough to protect their intellectual property.
- wrong - This is not caution for companies but for for their patent not being able to protect their intellectual property.
 E. Companies that utilize common software features on their websites will inevitably expose themselves to the financial liability of lawsuits.
- Correct - This is very similar to given website example - As the importance of maintaining ...... company whose developer first conceptualized it.
 
2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?

A. Their patents are void when there is more than one patent that covers the same general concept, regardless of whether the code used differs greatly.
- wrong - Can't be inferred that "Their patents are void ", it is not "void" but might not be used widely due to focus on consumer-friendly web presence. 
B. Their patents are so vague that one company will not be motivated to offer a settlement to another company that sues the first for patent infringement.
- wrong - Not relavant to 'website' example, but it is a distraction made by merging website type of patents and the streaming example in the end. 
C. They are likely to be the subject of infringement lawsuits brought by "patent trolls" more often than are other patent protected software concepts.
- wrong - Not mentioned, infact opposite is written that most of companies use same 'cart' feature
 D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder.
- Correct - This is mentioned that concepts like 'Cart' is not widely used, and hardly it is cared who has the patent for it. 
E. Their patents are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial.
- wrong - "so unreasonable" can't be inferred also, "independently defend its patent ownership " is not deduced.

3. The final paragraph of the passage accomplishes which of the following tasks?

A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs.
- wrong - "reviews information already given in the passage " doesn't actually. Also, "innovative companies of the type discussed in previous paragraphs." is misleading
B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action.
- wrong - because passage offers no suggestions as such, but just provides and example
 C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others.
- Correct - because there are two set of affected companies, one who settled offline and other via courts.  
D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse.
- wrong - "quality unique to software patents " is misleading
E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage.
- wrong - "from impractical circumstances " is not mentioned in the passage.

4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?

A. A company has started utilizing the same interactive web features on its consumer-facing website as has a competitor that has been in the industry a longer period of time.
- wrong - Can raise a conflict but not sure who has the patent or who can file for infringment.
B. A company has a substantial patent portfolio that covers several operating systems used in consumer electronics.
- wrong - This can give an option but who else are using that OS cunsumer electronics is not mentioned and conflict is not known. 
C. A company contracts with a startup to develop software for its new line of laptop computers, but the startup also has a contract with a competitor for a similar product.
- wrong - Nothing related to patent here, not sure if the software has some patent or not. 
 D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago.
- Correct - If the patent is sold someone, the owner can come back with sufficient grounds for to file a lawsuit against another for patent infringement 
E. A company submits an application to the U.S. Patent and Trademark Office to patent a software concept for which several other patents already exist.
- wrong - This can be true but can't say it is sufficient grounds for one company to file a lawsuit against another for patent infringement

vrsthe1 · Answer

1 -  A ; 2 -  C ; 3 -  C ; 4 -  A ;

P1  --> No. of companies that amass patents with the sole purpose of generation revenue from filing IP infringement cases. how and why they do it - reasoning.

P2  --> an example of how this may happen. and how this practice is destroying innovative companies.
example about web-pages which are most common these days. especially a shopping cart on a web page.

P3  --> another example of patents stifling innovation instead of encouraging. example of interface between OS & Apps.

P4  --> another ridiculous example of streaming video where companies fought, but in a twist the loss is done.
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 Main Point  --> companies that only hold patents with the sole purpose of generating revenue by filing infringement law suits are increasing. 3 examples, last one in a twist though the few others fought back, the case filing company earned millions.
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 Q1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?  
 A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases. 
 Correct  --> This can be inferred from the passage as clearly shown from diff. examples.

B. Companies that are sued for patent infringement seldom recover from the financial setback of such a lawsuit if they choose to take their cases to trial. 
 Not Correct  --> only partly true as this describes the last example alone.

C. Companies that design software to be compatible with existing electronics will incur significant costs in the process of obtaining the rights to do so. 
 Not Correct  --> This is Out of scope, example of interface between OS & apps is given but nothing about electronics or costs is mentioned or could be inferred .

D. Companies that hold patents for certain software theories and concepts may not have done enough to protect their intellectual property. 
 Not Correct  --> This is not the caution, as the companies already hold the patents.

E. Companies that utilize common software features on their websites will inevitably expose themselves to the financial liability of lawsuits. 
 Not Correct  --> inevitably & financial liability --> too strong words and the entire sentence is mix of 2 examples from P2 & P4.
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 Q2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?  
 A. Their patents are void when there is more than one patent that covers the same general concept, regardless of whether the code used differs greatly. 
 Not Correct  --> nothing is mentioned nor can be inferred about how a patent is void.

B. Their patents are so vague that one company will not be motivated to offer a settlement to another company that sues the first for patent infringement. 
 Not Correct  --> This statement is again a mix of statements from 2 examples and does not convey anything about the website features (question).

C. They are likely to be the subject of infringement lawsuits brought by "patent trolls" more often than are other patent protected software concepts. 
 Correct  --> yes this can be implied from the 1st statement of P2, as the patents are vaguely worded, patent trolls can use them to file law suits.

D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder. 
 Not Correct  --> we are not concerned with certain industries, but specifically with website features.

E. Their patents are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial. 
 Not Correct  --> This is again a jumble of words trying to imply something form P4 but irrelevant.
----------------------------------------------------------------------------------------------------------
 Q3. The final paragraph of the passage accomplishes which of the following tasks?  
 A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs. 
 Not Correct  --> P4 is another example. demonstration is done in every paragraph particular the example in that paragraph.

B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action. 
 Not Correct  --> no suggestions are given, but how a twist happened in favor of the patent trolls.

C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others. 
 Correct  --> yes mentioned in P4 --> egregious - gross, unfortunate twist - surprising. Also the example was different from the other 2 examples given in preceding paragraphs.

D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse. 
 Not Correct  --> no additional quality was mentioned. a different way of abuse example is given.

E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage. 
 Not Correct  --> recounts - doesn't recount anything but a surprising account.
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 Q4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?  
 A. A company has started utilizing the same interactive web features on its consumer-facing website as has a competitor that has been in the industry a longer period of time. 
 Correct  --> this can be inferred from P2, as these web-features are very common and similar and the patents might be vaguely worded, enabling a potential law-suit.

B. A company has a substantial patent portfolio that covers several operating systems used in consumer electronics. 
 Not Correct  --> Ok, so what. it may or may not file a lawsuit.

C. A company contracts with a startup to develop software for its new line of laptop computers, but the startup also has a contract with a competitor for a similar product. 
 Not Correct  --> This is something like "Conflict of Interest", doesn't have anything to do with patent infringement.

D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago. 
 Not Correct  --> the patent was sold, to whom?? if the company which developed the feature bought it then no issue.. so irrelevant.

E. A company submits an application to the U.S. Patent and Trademark Office to patent a software concept for which several other patents already exist. 
 Not Correct  --> It is only submitted, if approved then no point of law-suit. if not approved no issues.

pintukr · Answer

1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?

A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases.
 No mention of legal defense using patents in the passage

B. Companies that are sued for patent infringement seldom recover from the financial setback of such a lawsuit if they choose to take their cases to trial.
 Mentioned in the 2nd paragraph that burden of waging a legal defense is prohibitively high...CORRECT answer

C. Companies that design software to be compatible with existing electronics will incur significant costs in the process of obtaining the rights to do so.
 No mention of costs for obtaining the rights in the passage

D. Companies that hold patents for certain software theories and concepts may not have done enough to protect their intellectual property.
 Protection of intellectual property also doesn't find a mention in the passage

E. Companies that utilize common software features on their websites will inevitably expose themselves to the financial liability of lawsuits.
 Lawsuits are liable to companies offering common software features with 'underlying similar concepts' , which has not beem metioned in the prompt

2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?

A. Their patents are void when there is more than one patent that covers the same general concept, regardless of whether the code used differs greatly.
 Too extreme..in fact there is false attempt to do so

B. Their patents are so vague that one company will not be motivated to offer a settlement to another company that sues the first for patent infringement.
 no mention of vagueness of patents in the passage

C. They are likely to be the subject of infringement lawsuits brought by "patent trolls" more often than are other patent protected software concepts.
 Copying of concepts -- is the subject of infringement lawsuits

D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder.
 Irrelevant prompt..no mention as 'essential components'

E. Their patents are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial.
 unreasonableness of the patents finds a mention in the 2nd paragraph..CORRECT answer

3. The final paragraph of the passage accomplishes which of the following tasks?

A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs.
 True, the last paragraph summarizes the previous paragraphs' essence, as well as offers a case study..CORRECT answer

B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action.
 No risks outlined in the last paragrapgh, except that the burden of legal defense is too high

C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others.
 No mention of different effects vis-a-vis others

D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse.
 Qualities not discussed in last paragraph

E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage.
 no mention of 'impractical circumstances' earlier in the passage

4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?

A. A company has started utilizing the same interactive web features on its consumer-facing website as has a competitor that has been in the industry a longer period of time.
 Not true.. as no emphasis on 'similar concept' in the patents

B. A company has a substantial patent portfolio that covers several operating systems used in consumer electronics.
 substantial patent portfolio doesn't highlight similarity in concepts

C. A company contracts with a startup to develop software for its new line of laptop computers, but the startup also has a contract with a competitor for a similar product.
 Competitor may be working on a different concept for developing software for laptops

D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago.
 Developer has already sold the patent..Irrelevant

E. A company submits an application to the U.S. Patent and Trademark Office to patent a software concept for which several other patents already exist.
 similarity in concepts highlighted in the prompt..sufficient ground to file a lawsuit as per the passage,...CORRECT answer

av1901 · Answer

1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?

A. Companies that file patents to protect the intellectual property of their software developers might not be able to use those patents as a legal defense in infringement cases.

No, the companies that file patents to protect the IP of their software developers CAN use the aforementioned patents as legal defense in infringement cases. As mentioned in the last paragraph as well, companies have the option of either going through the legal route or opt for an out of court settlement so technically, it is the choice of the company, not that it is out of their hands

B. Companies that are sued for patent infringement seldom recover from the financial setback of such a lawsuit if they choose to take their cases to trial.

The author states (in the last paragraph) that while some (only a handful of) companies were willing to take the case to trial, most companies went for an out-of-court settlement in order to avoid the financial burden of waging a legal defense. This does not imply that those who do take the legal route, fail to recover from the same. Also nowhere in the passage has it been mentioned or implied that companies who opt to go in the direction of a lawsuit recover from the financial setback or not

C. Companies that design software to be compatible with existing electronics will incur significant costs in the process of obtaining the rights to do so.

No, the passage does not state or imply that companies need to obtain rights to design software compatible with electronics and even though a company should obtain rights to patented ideas, its not mentioned in this option whether these existing electronics are patented or not. Even the costs for such rights is not discussed anywhere in the passage, only costs related to lawsuits has been discussed

D. Companies that hold patents for certain software theories and concepts may not have done enough to protect their intellectual property.

CORRECT. The end of the first paragraph states that there has sometimes been sufficient evidence to award one patent holder damages from companies that have designed software using an idea expressed in another, similar patent. This clearly implies/indicates that companies that hold patents might not be sufficiently protected by their own patents, thus the answer that they may not have done enough to protect their intellectual property

E. Companies that utilize common software features on their websites will inevitably expose themselves to the financial liability of lawsuits.

Ok, yes it might be possible that websites with common software features might expose themselves to patent infringement lawsuits but the word 'inevitably' in this answer choice indicates that it is bound to happen in every scenario with every company and that is a little harsh and extreme because certain situations can lead to lawsuits but lawsuits is not the only outcome in every situation with every company

=====================================================================================

2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?

A. Their patents are void when there is more than one patent that covers the same general concept, regardless of whether the code used differs greatly.

No, the passage states that sometimes one patent holder has received damages from a company that designed a product using an idea expressed in another, similar patent. This implies that there are multiple patents with the same general concept

B. Their patents are so vague that one company will not be motivated to offer a settlement to another company that sues the first for patent infringement.

No, the passage does not state or imply that either the patents are vague or the company will not be motivated to offer a settlement to another company

C. They are likely to be the subject of infringement lawsuits brought by "patent trolls" more often than are other patent protected software concepts.

No, the passage mentions that it is possible that these are likely to the subject of lawsuits but nowhere does it state or imply that it would be more likely or less likely that other software concepts

D. They are likely to be considered essential components of doing business effectively within certain industries, regardless of the patent holder.

CORRECT. The author in the second paragraph states that it is not unusual to see identical features on dozens of websites across a single industry, implying that it is a common business practice that needs to be done in order to do business properly

E. Their patents are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial.

No, there is no mention or implication of this anywhere in the passage.

====================================================================================

3. The final paragraph of the passage accomplishes which of the following tasks?

A. It reviews information already given in the passage and offers a case study that demonstrates the dangers faced by innovative companies of the type discussed in previous paragraphs.

No, the last paragraph provides us new information in the form of an example and does not review information already mentioned above in the passage

B. It offers suggestions on what risks companies that are faced with infringement lawsuits should take into consideration when debating their courses of action.

No, the author in the last paragraph does not talk about any risks. It simply mentions how certain companies choose to take an out-of-court settlement instead of a legal lawsuit to avoid financial burden

C. It describes an especially gross instance of patent abuse that was surprising to the author because it affected some companies differently than it did others.

Although it does describe such instance in the form of an example, but the paragraph does not tell us anything about that affecting different companies in a different manner

D. It presents an additional quality unique to software patents that makes them particularly vulnerable to abuse.

No, the last paragraph provides no such information about an additional quality

E. It recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage.

CORRECT. Yes, The author starts the paragraph by detailing a specific example from a particular situation, and that situation about companies earning revenue from lawsuits is discussed throughout in the passage above

====================================================================================

4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?

A. A company has started utilizing the same interactive web features on its consumer-facing website as has a competitor that has been in the industry a longer period of time.

No, this does not mention that the earlier competitor has a patent to his name or not so cannot say for certain the grounds for a lawsuit

B. A company has a substantial patent portfolio that covers several operating systems used in consumer electronics.

No, there is no mention of another company exploiting this company's patent technology

C. A company contracts with a startup to develop software for its new line of laptop computers, but the startup also has a contract with a competitor for a similar product.

No, a company can have contracts with multiple other companies but as long as it is not misusing patent technology, there are no grounds for lawsuits

D. A company develops a unique, interactive web feature that is based on a theory originally patented by a developer who sold the patent years ago.

CORRECT. Yes, a patent already exists and another one is using that for their own purpose. Lawsuit grounds are there definitely

E. A company submits an application to the U.S. Patent and Trademark Office to patent a software concept for which several other patents already exist.

No, this just tells us company wants to get a new patent for already existing work

Sajjad1994 · Answer

Hello Everyone!

This is a hard passage, OAs are: DDED

av1901  is on top.  zyt  is at second.

Anyone with a 50% result need not worry about their RC prep.

The result will be announced tomorrow at 8 am Pacific.

Ujjwalkohli · Answer

plz explain Q3. why option E is correct and not A

Sajjad1994 · Answer

Official Explanation

1. Which of the following cautions does the passage offer to companies that are engaged in the development or public use of software in some capacity?

Difficulty Level:   700+

Explanation

This is a Retrieval question, as indicated by the phrase does the passage offer. The task is to determine  hich cautions…the passage offer . The subject of the question is cautions…to companies that are engaged in the development of public use of software in some capacity. In order to answer the question, determine what the passage states about the subject and evaluate the answer choices, eliminating any choice that cannot be supported by the text. The main caution to software developers comes at the end of the first paragraph. According to the passage, when multiple patents exist for a single idea, there has sometimes been sufficient evidence to award one patent holder damages from companies that have designed software using an idea expressed in another, similar patent. The last paragraph amplifies this warning with an actual example of a “patent troll” that profited from lawsuits based on undue claims of patent infringement.

Choice A: No.  The concept that companies that file patents may have difficulty with legal defense in infringement cases may make this choice seem appealing. However, this choice is only a memory trap. The example at the end of the passage indicates that some companies may opt for out-of-court settlement to avoid the financial burden of legal defense. It does not follow that companies might not be able to use their patents as a legal defense.

Choice B: No.  The phrase financial setback of…a lawsuit if they choose to take their cases to trial is reminiscent of the text at the end of the fourth paragraph in describing the outcome of patent infringement lawsuits for the use of streaming video. However, this choice is too extreme to be supported by the text. In the example given in the fourth paragraph, for most companies the financial burden of waging a legal defense made an out-of-court settlement the more pragmatic option. The choice by most companies to settle these particular cases out of court does not support the general idea that companies that choose to take their cases to trial would seldom recover financially.

Choice C: No.  The reference to companies that design software to be compatible with existing devices may be tempting, recalling ideas from the third paragraph, but this choice is only a memory trap. While the passage associates the idea of significant cost with intellectual property lawsuits, it makes no recommendation that companies ought to obtain the rights to patented ideas, and the costs of such transactions are never discussed in the passage.

Choice D:  Correct.   This choice is supported by the passage. The statement at the end of the first paragraph that there has sometimes been sufficient evidence to award one patent holder damages from companies that have designed software using an idea expressed in another, similar patent, indicates that companies that hold patents may not be sufficiently protected by those patents.

Choice E: No.  The language of companies that utilize common software features on their websites may make this choice appealing, as it recalls ideas from the second paragraph. However, the word inevitably is extreme, and the prediction made in this answer choice is not supported by the passage. The passage refers to situations that resulted in lawsuits but does not indicate that lawsuits are always the outcome of   common software features.

The correct answer is choice D.

2. The passage most clearly implies that which of the following is true concerning website features, the concepts of which are eligible for patent protection?

Difficulty Level:   700

Explanation

The word implies in the question stem indicates that this is an inference question. The task of the question is indicated by the phrase which of the following is true. The subject of the question is website features, the concepts of which are eligible for patent protection. In order to answer the question, determine what the passage states about website features whose concepts are eligible for patent protection. Then, evaluate the answer choices, eliminating any choice that is not supported by the text. Web-based features are discussed in the second paragraph, which states that it is not unusual to see identical interactive features on dozens of websites across a single industry. The abundance of web-based consumer transactions makes it unreasonable to stipulate that unrestricted use of a convenient feature, such as an online shopping cart, be limited to the website of the company whose developer first conceptualized it.

Choice A: No.  Extreme language, such as their patents are void, should raise suspicion about choice A. According to paragraph one, when multiple patents exist for a single idea, there has sometimes been sufficient evidence to award one patent holder damages from companies that have designed software using an idea expressed in another, similar patent. Thus, it is not the case that patents covering website features are necessarily void when there is more than one patent that covers the same general concept.

Choice B: No.  The phrase their patents are so vague is an example of extreme language. The passage does not suggest that patents for website features are always vague, so choice B makes too strong a claim. Moreover, according to paragraph four, companies sometimes opt to settle out of court because of the financial burden of waging a legal defense. Thus, a company holding a patent for website features might be able to motivate another company to offer a settlement, even if the patent is vague.

Choice C: No.  This is a no such comparison answer. Choice C states that website features are more likely than other patent-protected software concepts to be the subject of infringement lawsuits brought by “patent trolls.” Nowhere does the passage make such a comparison.

Choice D:  Correct.   According to paragraph two, as the importance of maintaining a consumer-friendly web presence has grown, it is not unusual to see identical interactive features on dozens of websites across a single industry. The abundance of web-based consumer transactions makes it unreasonable to stipulate that unrestricted use of a convenient feature . . . be limited. This supports the idea that website features are likely to be considered essential components of doing business effectively within certain industries.

Choice E: No.  The phrases so unreasonable and no company are examples of extreme language. Paragraph two considers restrictions on the use of convenient website features unreasonable. However, patents covering less-convenient website features may be reasonable. Thus, the idea that they are so unreasonable that no company is able to independently defend its patent ownership rights in a jury trial is too strong a claim.

The correct answer is choice D.

3. The final paragraph of the passage accomplishes which of the following tasks?

Difficulty Level:   700+

Explanation

The phrase the passage accomplishes indicates that this is a structure question. The task of the question is indicated by the phrase which of the following tasks. The subject of the question is the final paragraph of the passage. In order to answer the question, determine the flow of ideas in the final paragraph. Then, evaluate the answer choices, eliminating any choice that does not match the structure of the final paragraph. The final paragraph introduces a particularly egregious case of patent abuse, in which one company sued dozens of well-known companies for the use of streaming video. Although the “patent troll” ultimately lost its case . . . it had already earned millions from its claim. The example of this particular company is used to make the point that for most companies the financial burden of waging a legal defense made an out-of-court settlement the more pragmatic option.

Choice A: No.  Choice A is a memory trap. While the final paragraph does include a case study, the study demonstrates the dangers posed by a “patent troll” engaging in lawsuits based on undue claims of patent infringement. It is not at all clear that the well-known companies sued were innovative companies of the type discussed in previous paragraphs. Moreover, the final paragraph does not review information already given in the passage.

Choice B: No.  Choice B is a memory trap. While the paragraph might be thought to describe a risk faced by companies met with infringement lawsuits (namely, the financial burden of waging a legal defense), it does not offer suggestions about the risks that companies should take into consideration when debating a course of action.

Choice C: No.  Choice C is a memory trap. The phrase gross instance of patent abuse is reminiscent of the phrase a particularly egregious case of patent abuse in the final paragraph. The phrase affected some companies differently than it did others recalls the claim in the final paragraph, that while a handful of companies were willing to take the case to trial, for most companies . . . an out-of-court settlement was more pragmatic. However, there is nothing in the paragraph to indicate that the case was surprising to the author for that reason.

Choice D: No.  Choice D is a memory trap. The first paragraph presents an additional quality unique to software patents that makes them particularly vulnerable to abuse. Namely, innumerable software patents . . . also protect the concept behind the software. The third paragraph expands upon this idea by considering a hypothetical startup that develops a smart phone application. The startup could be sued and bankrupted even though the application itself was a novel idea. However, these are not tasks accomplished by the final paragraph.

Choice E:  Correct.   Choice E matches the structure of the final paragraph, which recounts a specific example of a problem that arose from impractical circumstances that are explained more generally elsewhere in the passage. The specific example of a problem refers to the egregious case of patent abuse. The impractical circumstances from which this problem arose include the fact that some companies generate revenue by pursuing patent infringement cases, and that the patenting of concepts can actually stifle the innovation that patents should encourage.

The correct answer is choice E.

4. It can be inferred from the passage that which of the following provides sufficient grounds for one company to file a lawsuit against another for patent infringement?

Difficulty Level:   700

Explanation

The phrase it can be inferred indicates that this is an inference question. The task of the question is indicated by the phrase from the passage. The subject of the question is indicated by the phrase sufficient grounds for one company to file a lawsuit against another for patent infringement. In order to answer the question, determine what the passage states about the grounds that would be sufficient for one company to file a lawsuit against another for patent infringement. Then, evaluate the answer choices, eliminating any answer that is not supported by the text. According to the passage, sufficient grounds include unauthorized use of the exact language of a software code or of the concept behind the software. Additional grounds include cases in which multiple patents exist for a single idea, and in which the theory behind the compatibility of . . . an application had been patented . . . even though the application itself was a novel idea.

Choice A: No.  Choice A constitutes a reversal of the information in the passage. According to paragraph two, the abundance of web-based consumer transactions makes it unreasonable to stipulate that unrestricted use of a convenient feature . . . be limited to the website of the company whose developer first conceptualized it. Therefore, utilizing the same interactive web features on its consumer-facing website does not provide sufficient grounds for a company to file a lawsuit.

Choice B: No.  Recycled language, such as patent portfolio and operating system, should raise suspicion about choice B. The passage laments the fact that a number of companies have sprung up for the sole purpose of amassing software patent portfolios. However, the fact that a company has a substantial patent portfolio does not by itself provide sufficient grounds for one company to file a lawsuit against another for patent infringement.

Choice C: No.  Choice C is a memory trap. Its reference to a startup recalls the discussion of a hypothetical startup in paragraph three, and the fact that the startup also has a contract with a competitor for a similar product recalls the discussion, in paragraph one, of software designed using an idea expressed in another, similar patent. However, choice C makes no mention of patents that could be used to file a lawsuit, and the fact that the startup has contracts with two companies does not by itself provide sufficient grounds for one company to file a lawsuit against another for patent infringement.

Choice D:  Correct.   Paragraph three discusses a hypothetical startup. If a startup developed an application that was compatible with that operating system, but the theory behind the compatibility . . . had been patented . . . the startup could be sued and bankrupted even though the application itself was a novel idea. Thus, a company that develops a unique, interactive web feature that is based on a theory that is already patented provides sufficient grounds for one company to file a lawsuit against another for patent infringement. The owner of the patent is irrelevant.

Choice E: No.  Recycled language, such as the U.S. Patent and Trademark Office, should raise suspicion about choice E. In paragraph one, the author mentions the U.S. Patent and Trademark Office, and also refers to what can happen when multiple patents exist for a single idea. However, this answer states only that a company submits an application to . . . patent a software concept, and not that the patent was approved. Merely submitting an application for a patent is not referred to by the author as sufficient grounds for one company to file a lawsuit against another for patent infringement.

The correct answer is choice D.

VerbalBot · Answer

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