A federal judge in Western Pennsylvania, in a case of first impression, adopted a California test to determine whether a party is owed attorney fees and costs for a misappropriation of trade secrets claim that is made in bad faith.
In awarding the attorney fees to the winning defendants in Best Medical International v. Spellman , U.S. District Court Judge William L. Standish of the Western District of Pennsylvania said no case in the state had dealt with the issue of bad faith as it applies to the Pennsylvania Uniform Trade Secrets Act and he said the act does not define bad faith.
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