Not all intellectual property is legally protected against theft this way though (otherwise any disclosure of IP could be theft). The bar for intellectual property to be legally considered a trade secret is high. If the IP isn't sufficiently secret, it's legally less clear whether you can really steal it. Just stamping it "secret" isn't enough. To be a trade secret the company needs to prove that it's a secret, that the secrecy of the IP is highly valuable (for instance loss of the IP's secrecy hurts a competitive advantage), and that they've made significant attempts to keep it secret by limiting access to "need-to-know" people and protecting the IP though appropriate security and secrecy.
In this case, it sounds like the defendant may have gained physical access to a building he didn't legally have access to (ie company made an attempt to limit access with some security) and copied data off a server. MS is arguing that this hurt them financially.
A defense against this might be to claim that even if the data might have been valuable and releasing it harmed the company, they didn't treat it with enough secrecy/security for it to be considered a trade secret. If that's what the court decides, then there could still be a civil suit (breaking employment NDA contract, etc), but it wouldn't be a criminal matter.