Plaintiff sued Defendants, alleging they misappropriated trade secrets relating to a cable assembly and panel mount that Plaintiff produced and sold to 3rd-party defendant. Jury verdict for Defendants. Plaintiff admitted in opening and closing that it could not prove how Defendant misappropriated its allegedly secret information, and Plaintiff dislaimed responsibility thereto. Thus, Plaintiff filed case in subjective bad faith. Concessions by Plaintiff's witnesses, in conjunction with Plaintiff's knowledge that it was about to lose business of a certain customer, and timing of suit, supports inference that Plaintiff filed suit in subjective bad faith to thwart defendant's competition and illegitimately retain the business of that customer. Defendants' motion for attorney fees to be considered upon remand.(ROCHFORD, concurring in part and specially concurring in part; HOFFMAN, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Trade Secrets