First: If the development company entrusted first does not apply for a patent and does not obtain a patent, it is not infringement at all.
Second: Even if the company entrusted first has applied for or obtained a patent, if the patented invention or utility model is of great economic significance according to Article 51 of the Patent Law and its implementation depends on the implementation of the previous invention or utility model, the patent administration department of the State Council (the administrative department for industry and commerce) may, upon the application of the latter patentee, grant a compulsory license to exploit the previous invention or utility model.
Requirements: The implementation of major technological progress with great economic significance depends on the implementation of the previous invention or utility model.
So it's not infringement. But one thing, if the later commissioned development company did not apply for a patent after it was developed, and the first commissioned development company has already obtained a patent, after the successful research, the later developed company must use article 5 1 to apply for a patent. Otherwise, it is infringement.