Inter partes


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INTER PARTES. This, in a technical sense, signifies an agreement professing in the outset, and before any stipulations are introduced, to be made between such and such persons as, for example, " This Indenture, made the _____ day of _____ 1848, between A B of the one part, and C D of the other." It is true that every contract is in one sense inter partes, because to be valid there must be two parties at least; but the technical sense of this expression is as above mentioned. Addis. on Contr. 9.
     2. This being a solemn declaration, the effect of such introduction. is to make all the covenants, comprised in a deed to be covenants between the parties and none others; so that should a stipulation be found in the body of a deed by which "the said A B covenants with E F to pay him one hundred dollars," the words "with E F" are inoperative, unless they have been used to denote for whose benefit the stipulation may have been made, being in direct contradiction with what was previously declared, and C D alone can sue for the non-payment; it being a maxim that where two opposite intentions are expressed in a contract, the first in order shall prevail. 8 Mod. 116; 1 Show. 58; 3 Lev. 138; Carth. 76; Roll. R. 196; 7 M. & IV. 63; But this rule does not 'apply to simple contracts inter partes. 2 D . & R. 277; 3 D. & R. 273 Addis. on Contr. 244, 256.
     3. When there are more than two sides to a contract inter partes, for example, a deed; as when it is made between A B, of the first part; C D, of the second; and E F, of the third, there is no objection to one covenanting with another in exclusion of the third. See 5 Co. 182; 8 Taunt. 245; 4 Ad. & Ell. N. S. 207; Addis. on Contr. 267.

References in periodicals archive ?
The extensive litigation process included the application of inter partes review and victory during the claim construction phase.
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On September 25, 2014, WilmerHale client, Becton, Dickinson and Company (BD), earned a significant victory in an Inter Partes Review (IPR) before the US Patent Office's Patent Trial and Appeal Board (the Board) in the form of a Final Written Decision declaring unpatentable all challenged claims of US Pat.
Furthermore, Apex requested for an inter partes review of the aforementioned patent and four other ResMed patents, and the United States Patent and Trademark Office (USPTO) has begun reexamining the validity of these five patents.
The AIA added an inter partes post-grant review process in August of 2012.
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The American Invents Act introduced the Inter Partes Review (IPR) as a method of challenging weak patents.
SOC'Y 498, 503 (2010) (comparing the adoption of ex parte reexamination, applicable since July 1, 1981; with the adoption of inter partes reexamination, having made its "debut" in 1999).

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