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 ruling came following an Inter Partes Review initiated by DynaEnergetics of the 563 patent.
The PTAB held that the Tribe did not establish that the doctrine of tribal sovereign immunity applied to inter partes review (IPR) proceedings.
The US Patent and Trademark Office (PTO) has issued a final written decision in New York, New York-based generic drug company Argentum Pharmaceuticals LLC's inter partes review against the sole unexpired patent listed as covering Janssen Oncology, Inc.
After reviewing all of Dali's evidence, testimony and argument, the PTAB agreed with CommScope and denied Dali's petition to institute an Inter Partes Review (IPR), concluding that Dali failed to establish a reasonable likelihood that Dali would prevail against any challenged claim of the patent.
High Court judge Roselyn Aburila instead granted leave to petitioners to file application for stay orders to be heard inter partes today morning.
Harmonic has responded to these suits by seeking to have the United States Patent and Trademark Office (the "USPTO") review and nullify Avid's patents through procedures known as reexamination and inter partes review.
Supreme Court is putting inter partes review on trial.
May 10, 2017 -- Avita Medical Limited (OTCQX:AVMXY), a regenerative medicine company focused on the treatment of wounds and skin defects, has filed an inter partes review (IPR) petition against U.
Ribar's practice before the USPTO regularly includes patent prosecution and representing clients during Inter Partes Review, reexamination, reissue, and interference proceedings.
The America Invents Act introduced two new post-grant patent validity proceedings: inter partes review and post-grant review.
Further, even if Part II is correct in contending that courts are unlikely to recognize a general entitlement to Chevron deference for PTAB interpretations of substantive provisions of the Patent Act, significant deference toward these PTAB interpretations could result from the application of Skidmore deference in light of the relatively formal nature of inter partes PTAB proceedings, (19) which are "inter partes" in the sense that they enable the continuous involvement of an opposing private party who actively contests a patentee's contentions of patentability.
inter partes review (IPR), which replaces inter partes reexamination, the long-standing administrative option to challenge patents,

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