CYTODYN V. AMERIMMUNE PHARMACEUTICALS
Uniform Trade Secrets Act does not authorize an award of attorney fees when a claim of misappropriation of a patent or a trademark is made in bad faith; the act applies only to trade secrets. Defendants were not entitled to attorney fees based on licensing contract's indemnification clause, where clause required plaintiff to indemnify defendants from any claims or lawsuits, including attorney fees, resulting from a breach of the contract or a claim that defendants' "exploitation of any rights in the Technology and the Marks herein licensed infringes or violates any patent, copyright, trademark or other right of any third party" and suit involved no finding of any breach of contract by plaintiffs, and involved claims of infringement by parties to the litigation, not by third parties.
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