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CYTODYN, INC. v. AMERIMMUNE PHARMACEUTICALS, INC.

No. B187661.

72 Cal.Rptr.3d 600 (2008)

160 Cal.App.4th 288

CYTODYN, INC., Plaintiff and Appellant, v. AMERIMMUNE PHARMACEUTICALS, INC., et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Eight.

February 20, 2008.

Attorney(s) appearing for the Case

Mundell, Odium & Haws, Thomas C. Mundell and Marshall L. Brubacher, San Bernardino, for Plaintiff and Appellant.

Law Offices of Bruce M. Lorman and Bruce M. Lorman, Santa Monica, for Defendants and Respondents Kimberly L. Cerrone, Michael Davis, Pamela Kapustay, O.B. Parrish, and Maya, LLC.

RUBIN, J.

SUMMARY

The trial court erred in awarding attorney fees under a provision of the Uniform Trade Secrets Act, which authorizes an award of fees if a claim of misappropriation of trade secrets is made in bad faith. The plaintiffs complaint asserted a claim for unjust enrichment based on the alleged misappropriation of its patents and trademarks, and erroneously requested damages

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