The patent-in-suit concerned slot machines.

The Federal Circuit held today that, in patent lingo, "comprised of" generally means the same thing as "comprising" — "including but not limited to".  The term doesn’t signify "consisting of", which implies the whole of a thing’s composition.  Thus, the United States comprises the South and the Midwest but consists of all 50 states.  CIAS, Inc. v. Alliance Gaming Corp., No. 06-1342 (Fed. Cir. Sept. 27, 2007).

The distinction didn’t matter.  The court affirmed summary judgment of noninfringement anyway.

Barry Barnett

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