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案例:张某是一个专利权人,因其不具有生产该专利的条件,张某就与甲公司签定了加工承揽合同,约定由甲公司为其生产专利产品,但甲公司不得自行销售。后来张某违约,未向甲公司支付加工费及取回专利产品,甲公司在与张某交涉未果的情况下将产品销售以充抵加工费。事后张某以侵犯专利权为由将甲公司诉之法院,法院判决甲公司败诉。
Case: Zhang is a patentee, because it does not have the conditions for the production of the patent, Zhang and A company signed a contract processing contract, agreed to a company for the production of patented products, but a company shall not be self-sales. Zhang later breach of contract, did not pay a processing fee to the company and get back patented products, a company in the case of unsuccessful negotiations with Zhang, the product sales to offset the processing fee. After Zhang Zhang to patent infringement on the grounds of a company sued the court, the court ruled a company lost.