Determination Of Implied Patent License

If the patentee proactively provides and intends for the accused infringer to implement their patented technical solution without disclosing their patent, and only requests infringement remedies after the accused infringer has completed implementation, the accused infringer's claim of having obtained an implied license from the patentee may be supported by the court.

In the appeal case between Appellant a Jiangsu Company and Appellees Xiamen A Company and Xiamen B Company, with a Hebei Company being Defendant in the original trial, and a C Company being Third Party in the original trial, the involved patent is an invention patent for a fence system (hereinafter referred to as the patent in question) owned by the Jiangsu Company.