In the language of the background discussion for the invention, a certain embodiment, XYZ, is clearly favored and preferred, as its features are touted repeatedly.
However, the application does explicitly state that "no embodiment should be viewed as preferred".
Will the XYZ embodiment be treated as preferred by the judge or not?
I assume your concern is that limitations from a possibly "preferred" embodiment might be read into the claim.
First of all, claim construction works differently during examination than during litigation. During examination, patent examiners are supposed to use the BRI, or "broadest reasonable interpretation". This rarely requires reading limitations from any particular embodiment into the claim. Most times the BRI works in the examiner's favor as it makes it easier to find applicable prior art and there is usually little reason for an examiner to insist on a narrower interpretation.
In litigation, claim construction may be considered somewhat more haphazard. I don't think it's really possible to prevent reading in limitations from the embodiments into the claim through careful wording of how the features are touted and of the boilerplate that is commonly inserted at the end.
What might help more to prevent reading in a particular limitation from an embodiment is showing other embodiments that also work in accordance with the tenets of the invention and don't have that limitation.
