California Court of Appeal

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CytoDyn, Inc. v. Amerimmune Pharm., Inc., B187661

In suit claiming unjust enrichment based on the alleged misappropriation of plaintiff's patents and trademarks, award of attorney's fees is reversed where the trial court erred in awarding attorney's fees under a provision of the Uniform Trade Secrets Act, as the complaint cannot be read as alleging a claim for misappropriation of trade secrets. The court also erred in concluding that attorney's fees were recoverable under the indemnification clause of a licensing agreement.

Appellate Information

  • Decided 02/20/2008
  • Published 02/20/2008

Judges

  • RUBIN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Mundell, Odlum & Haws, Thomas C. Mundell and Marshall L. Brubacher, San Bernardino, for Plaintiff and Appellant.

  • For Appellees:
  • 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., No appearances for Defendant and Respondent Amerimmune Pharmaceuticlas, Inc.
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