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You may be called upon to determine the strength of patent claims in many circumstances. Perhaps you have been accused of infringing a patent. You may be considering purchasing one. You might want to file a lawsuit asserting the claims of a patent against another and need to know if those claims are at risk of invalidity. When analyzing of the strength of patent claims, you will need to ask a number of questions, including what technology existed at the time the patent application was filed and whether one of skill in the art would understand how to make and use the invention. One key question will be the scope of the claims. If the claims are broad and cover a wide swath of technology, that may make the patent very valuable. However, broader claims also may open up a patent to a challenge that, among other things, its written description does not support the broader claims.

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