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Complete Question Explanation
(See the complete passage discussion here: lsat/viewtopic.php?t=13783)

The correct answer choice is (D)

This question asks us to determine what phrase in passage A is most analogous to the phrase “this same stance,” as it is used in passage B (line 60). The abstract nature of such questions presents a considerable challenge to some test-takers, so it is important to adopt a step-by-step approach.

First, examine how the phrase “this same stance” is used in passage B (line 60). Looking back at the last paragraph of that passage, it becomes clear that the “stance” in question is referring to the author’s reluctant decision to develop a portfolio of software patents. In the third paragraph of Passage A, the author describes this same defensive strategy by using a variety of metaphors that date back to the Cold War: “nuclear stockpiling,” “credible deterrent,” “arms race.” Any of these phrases would be appropriate reference points in answering the question.

Answer choice (A): The phrase “nonobvious” in passage A does not refer to the strategy of amassing a portfolio of patents. This answer choice is incorrect.

Answer choice (B): The phrase “invent around” in passage A refers to the practice of circumventing properly issued patents, not to the strategy of dealing with patent abuse. This answer choice is incorrect.

Answer choice (C): The phrase “lower the bar” refers to the legal standard for “obviousness.” This answer choice is incorrect.

Answer choice (D): This is the correct answer choice, as prephrased in the discussion above.

Answer choice (E): The phrase “modular components” in passage A describes some of the reasons why software patents are ripe for abuse, not how software makers respond to that abuse. This answer choice is incorrect.

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