Plaintiff's Claim For Compensation For Reasonable Expenses In A Declaratory Judgment Action For Patent Non-infringement Is Not Supported

The SPC made a final judgment on a declaratory judgment action for patent non-infringement between the appellant, a Nanjing company, and the appellee, a Wuxi company, and determined that in the declaratory judgment action for patent non-infringement, it was inappropriate to support the plaintiff's (Wuxi company) request for compensation for reasonable expenses from the defendant Nanjing company.

The plaintiff (Wuxi company) manufactures and sells a fully automatic anti-permeation equipment. The defendant (Nanjing company) is the patentee of the utility model patent "Concrete Impermeability Test Device". The Nanjing company sent a warning letter to a distributor for the Wuxi company, informing that the fully automatic anti-permeation meter equipment it sold was suspected of patent infringement, the Nanjing A company had preserved evidence of the infringement, and intellectual property disputes would be involved if the selling continued. After learning about the