HOLDINGS: [1]-Where plaintiffs sued former members of the same limited liability company alleging that the defendants stole proprietary software and a database in violation of the Defend Trade Secrets Act, 18 U.S.C.S. § 1836, and where after denial of a preliminary injunction, the district court granted plaintiffs' Fed. R. Civ. P. 41(a)(2) motion to dismiss the case without prejudice, the defendants were properly denied attorneys' fees because a dismissal without prejudice did not make the defendants prevailing parties under the Act since the plaintiffs could refile and prevail at a later date; [2]-A determination of bad faith did not support a fee award because it would improperly interpret the "prevailing party" language out of the Act, and courts were required to interpret "prevailing party" to mean the same thing in the Act that they did in other federal fee-shifting statutes.