The SPC ruled in a patent infringement case that where a party manufactures the infringing products and supplies them to others for use, and further profits from purchasing and reselling products that those others produced using the said infringing products, such manufacturer shall be deemed, in addition to the manufacturing act, to have engaged in mutual utilization and cooperation with others, which constitutes "joint use" as stipulated by the Patent Law.
This article relates to a dispute over the infringement of a utility model patent. The case is introduced as follows:
Natural person X is the patentee of a utility model patent named "dumping machine" (hereinafter referred to as the patent at issue), and has granted an exclusive license to Factory A for implementation. Since January 2019, Company B has started to manufacture the accused infringing product, "the turnover machine", and supplied to a third party, Company C, for their use. Company B also profited from reselling the
