Re: IPR Preliminary Response filed prior art Krueger
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Message: IPR Preliminary Response filed
I am glad we see carefully argued Patent Owner preliminary response .(Patents with several claims of varying claim scope are more likely to have one or more claims survive IPR ).
Patent owners should draft the specification with multiple embodiments to mirror and support a range of claim scopes, from broad to narrow. Patents with several claims of varying claim scope are more likely to have one or more claims survive IPR — thus preserving patent term. Ideally, the patent should include broad claims for infringement and “picture” claims covering, at a minimum, literal infringement. The narrower claims, assuming that they will be infringed, likely provide strong patentability positions both during prosecution and IPR trial, as it may be more difficult to find prior art that discloses, teaches or suggests their narrow limitations. And the broader claims can offer context for claim interpretation of the narrower claims, and protect the invention from design-around variants.
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