Also known as:knowhow · know how · trade secret · proprietary knowledge
Written by attorneys · grounded in primary & secondary sources — see below
Confidential technical information or expertise encompassing unpatented processes, formulae, skills, and commercial data that derives independent economic value from not being generally known. A court may shield such information from disclosure during discovery when the holder shows particularized harm from revelation and offers reasonable alternatives that preserve the opposing party's ability to litigate.
Sources & Authorities
How it applies
Common Examples
2
Protective Order for Claims Models
West Surety served broad discovery requests on Sigma Indemnity seeking its proprietary claims-scoring algorithms and reserve-setting formulas. Sigma moved for a protective order, supported by affidavits showing the models were developed at high cost and would let competitors undercut its premiums if revealed. The court granted the order and permitted only a statistically valid sample of redacted files plus a high-level methodology summary accessible solely to outside counsel.
Subpoena Quashed for Proprietary Data
Plains Software served a subpoena on Bright Tech demanding production of its internal incident-response timelines containing detailed know-how about security protocols. Bright Tech moved to quash, demonstrating that full disclosure would expose confidential commercial processes developed over years. The court modified the subpoena to require production only under seal with access limited to designated counsel.
Put it into practice
Test Yourself
9
Practice Questions5
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Cases
Federal Rules
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Common questions
Frequently Asked
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Does know-how qualify as property for tax-deferred transfers under section 351?+
Know-how can constitute property under section 351 when it consists of secret information comparable to a patentable invention. The Service treats secret processes and formulae as property but evaluates other technical information and skills on a case-by-case basis.
When may a court issue a protective order covering know-how during discovery?+
A court may issue a protective order under Rule 26(c)(1)(G) when the moving party shows good cause that the information is confidential commercial material and that disclosure would cause competitive harm. The order may limit revelation to specified persons or require production under seal.
Can a subpoena be quashed solely because it seeks know-how?+
A subpoena may be quashed or modified under Rule 45(d)(3)(B)(i) if it requires disclosure of trade secrets or other confidential commercial information. The court weighs the need for the information against the risk of harm and may instead order production under protective conditions.
Does government-mandated disclosure of know-how ever constitute a taking?+
Government compulsion to disclose know-how can amount to a compensable taking when the disclosure diminishes the information's economic value and interferes with the holder's reasonable investment-backed expectations.
Criminal Law & ProcedureConstitutional protection of accused persons · Arrest, search and seizureUBEIntermediate