UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRAE COMMISSION
 

) In the Matter of )
 

) Docket No. 9327
 

Polypore International, Inc.
 ) PUic a corporation. ) 

) 

COMPLAINT COUNSEL'S MOTION FOR OFFICIAL NOTICE OF NEW CONTRACT 

AGREEMENT BETWEEN POL YPORE AND EXIDE TECHNOLOGIES INC. 

Pursuant to FTC Rule 3.43(d), Complaint Counsel requests this Cour to take official notice 

i between Exide Technologies Inc. and Respondent, of the recent signing ofa supply agreement 

Polypore InternationaL. The consumation of this agreement was anounced in an 8K fiing 

made by Respondent to the United States Secunties and Exchange Commission ("SEC"). 

On Januar 19, 2010, Respondent filed its 8K, and made a public announcement of 
 the
 

supply. agreement the same day. The accompanying press release to this 8K states, "Polypore's
 

Daramic business unit will supply the majonty of 
 Exide Technologies' (NASDAQ: XIDE) leadacid battery separators on a glóbal basis."i 

This Court may, pursuant to Rule 3.43(d) take official notice of 
 filings made with the SEC, 

as such filings constitute facts "capable of accurate and ready determination" from a source 

i Complaint Counsel has attempted to obtain a copy of this new supply agreement from 

Respondent, but its requests were denied.

i See Exhibit A (8K with accompanying press release). 

1 
"whose accuracy canot reasonably be questioned.,,3 See Oran v. Stafford, 226 F.3d 275,289 (3d 

Cir. 2000). 

Complaint Counsel and Respondent have conferred by telephone on January 26,2010 

regarding this motion. Respondent indicated that it will fie a response to this motion. 

CONCLUSION 

Complaint Counsel requests that this Cour take official notice of the recent supply 

agreement between Exide Technologies Inc. and Polypore International, as referenced in 

Respondent's 8K filing (Exhibit A to this motion). 

Dated: Januar M, 2010 Respectfully submitted, 

oßI ~~~k 

1. Robert Robertson 

. omplaint Counsel
 

Bureau of Competition / Federal Trade Commission 

600 Pennsylvania Ave, NW (H-374) 

Washington, DC 20580 

Telephone: (202) 326-2008 

Facsimile: (202) 326-2214 

3 F.R.E. 201 


(b)(2). This section ofthe Federal Rules of 
 Evidence has been recognized as the

direct analog to the Commission Rule of 
 Practice 3.43(d). See, e.g., In re Rambus, 2003 WL 

22064718 (FTC Aug. 27, 2003) (Order on Respondent's Request for Official Notice). 

2 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

In the Matter of 

Polypore International, Inc. 

a corporation. 

) 

) 

) 

) 

) 

Docket No. 9327 

PUBLIC DOCUMENT 

) 

STATEMENT PURSUANT TO SCHEDULING ORDER 

I, Steven A. Dah, Esq., on behalf of Complaint Counsel, hereby represent that 

Complaint Counsel has conferred with Respondent in an effort in good faith to resolve by 

agreement the issues raised by the instant Motion and have been unable to reach such an 

agreement. Complaint Counsel and Respondent discussed these issues Januar 25,2010 and on 

Januar 26, 2010. As a result of these communications, Complaint Counsel and Respondent are 

at an impasse with respect to the issue raised in Complaint Counsel's Motion. 

Dated: Januar 26,2010 Respectfully submitted,

~'-... ~ ­ Steven A. Dah 

Bureau of Competition 

Federal Trade Commission 

601 New Jersey Ave. N.W. 

Washington, DC 20580 

Telephone: (202) 326-2192 

Facsimile: (202) 326-2071 
Exhibit A 

to 

Complaint Counsel's Motion for
 

Official Notice of 
 New Contract Agreement between 

Polypore and Exide Technologies Inc. 

Polypore International, Inc. 

Docket No. 9327
 
POL YPORE INTERNATIONAL, INC.
 

FORM 8-K
 

(Current report filing) 

Filed 01/19/10 for the Period Ending 01/19/10 

CIK 0001292556 

Symbol PPO 

SiC Code 2890 - Miscellaneous Chemical Products 

Industry Chemical Manufacturing 

Sector Basic Materials 

Fiscal Year 12/31 

http://ww.edgar-online.com 

(Ç Copyright 2010, EDGAR Online, Inc. All Rights Reserved.
 

Distribution and use of this document restricted under EDGAR Online, Inc. Terms of Use.
 
UNITED STATES
 

SECURITIES AND EXCHANGE COMMISSION
 

WASHINGTON, DC 20549
 

FORM 8-K 

CURRNT REPORT PURSUANT
 

TO SECTION 13 OR 15(d) OF THE
 

SECURITIES EXCHANGE ACT OF 1934
 

Date of report (Date of earliest event reported): January 19.2010 

POLYPORE INTERNATIONAL, INC.
 

Registrant as Specified in Its Charer) (Exact Name of 


Delaware
 

(State or Other Jurisdiction ofIncorporation)
 

1-32266 43-2049334
 

(Commission File Number) (IRS Employer Identification No.)
 

11430 North Community House Road, Suite 350, Charlotte, North
 

Carolina 28277
 

(Address of Principal Executive Offices) (Zip Code)
 

(704) 587-8409
 

(Registrant's Telephone Number, Including Area Code)
 

Not Applicable
 

Changed Since Last Report) (Former Name or Former Address, if 


Check the appropriate box below ifthe Form 8-K filing is intended to simultaneously satisfy the filing obligation ofthe registrant under any of 

the following provisions: 

o Written communications pursuant to Rule 425 under the Securties Act (17 CFR 230.425)
 

o Soliciting material pursuant to Rule l4a-12 under the Exchange Act (17 CFR 240.14a-12)
 

o Pre-commencement communications pursuant to Rule l4d-2(b) under the Exchange Act (17 CFR 240.l4d-2(b)) 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) 
Item 8.01. Other Events. 

On January 19,2010, Polypore International, Inc. issued a press release announcing that its wholly-owned subsidiary, Daramic, LLC, entered 

into a new evergreen supply agreement with Exide Technologies. A copy of the press release is furnished as Exhibit 99.1 to this Curent Report 

on Form 8-K. 

Item 9.01. Financial Statements and Exhibits. 

(d) Exhibits.
 

Exhibit No. Description
 

99.1 Press Release of Polyp ore International, Inc. dated January 19,2010. 

-2­
SIGNATURES 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalfby 

the undersigned hereunto duly authorized. 

POLYPORE INTERNATIONAL, INC. 

(Registrant) 

Date: January 19,2010 By: Isl Lyn Amos 

Lynn Amos 

Chief Financial Offcer 
Exhibit 99.1
 

Polypore International, Inc. 

The Gibson Building P::..O... ..~. :yp. . $!i!!!šå . ... -_ '1lIl!oll . -"'"--,­ 11430 North Community House Road

INTERNATIONAL, INC. Suite 350 

Charlotte, NC 28277 

Tel: (704) 587-8408 

Fax: (704) 587-8752 

ww.polypore.net 

Polypore Signs New Evergreen Supply Agreement with Exide 

Charlotte, N.C., (January 19,20101 - Polypore International, Inc. (NYSE: PPO) today announced a new evergreen supply agreement in
 

which Polypore's Daramic business unit wil supply the majority of Exide Technologies' (NASDAQ: XIDE) lead-acid battery separators on a 

global basis. This multi-year agreement continues a long-standing relationship between the two companies that has lasted over 40 years. The 

agreement automatically renews on the contract anniversary date unless either part provides substantial advance notice oftermination under 

the terms of the contract. 

Bob Toth, President and Chief Executive Officer of Polyp ore, noted, "We are pleased to remain the major supplier to one ofthe world's largest 

and leading battery producers. We are very committed to the ongoing success and growth of Ex ide Technologies and look forward to 

supporting their needs throughout the world." 

About Polypore International, Inc. 

Polypore International, Inc. is a global high technology fitration company specializing in microporous membranes. Polypore's flat sheet and 

hollow fiber membranes are used in specialized applications that require the removal or separation of various materials from liquids, primarily 

in the ultrafiltration and microfitration markets. Based in Charlotte, NC, Polypore International, Inc. is a market leader with manufacturing 

facilities or sales offices in ten countres serving six continents. See ww.polypore.net . 

Forward-Looking Statement 

This release contains statements that are forward-looking in natue. Statements that are predictive in nature, that depend upon or refer to future 

events or conditions or that include words such as "expects," "anticipates,"" intends," "plans," "believes," "estimates," and similar expressions 

are forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors that may cause our actual 

results and performance to be materially different from any futue results or performance expressed or implied by these forward-looking 

statements. These factors include the following: the highly competitive nature ofthe markets in which we sell our products; the failure to 

continue to develop innovative products; the loss of our customers; the vertical integration by our customers of the production of our products 

into their own manufactung process; increases in prices for raw materials or the loss of key supplier contracts; our substantial indebtedness; 

interest rate risk related to our variable rate indebtedness; our inability to generate cash; restrctions related to the senior secured credit 

facilities; employee slowdowns, strikes or similar actions; product liability claims exposure; risks in connection with our operations outside the 

United States; the incurence of substantial costs to comply with, or as a result of violations of, or liabilities under, environmental laws; the 

failure to protect our intellectual propert; the failure to replace lost senior management; the incurrence of additional debt, contingent liabilities 

and expenses in connection with future acquisitions; the adverse impact on our financial condition from 
past restrctuing activities; the failure to effectively integrate newly acquired operations; the absence of expected retus from the amount of 

intangible assets we have recorded; and natual disasters, epidemics, terrorist acts and other events beyond our control. Additional information 

concerning these and other important factors can be found in Item lA. "Risk Factors" of our most recent Annual Report on Form 10-K and the date of this press subsequent reports filed with the Securities and Exchange Commission. Such forward-looking statements speak only as of 


release. Polypore expressly disclaims any obligation to release publicly any updates or revisions to any forward-looking statements contained 

herein to reflect any change in Polypore's expectations with regard thereto or change in events, conditions or circumstances on which any 

statement is based. 

CONTACT:
 

Polypore Investor Relations
 

(704) 587-8886 

investorrelations(ßpolypore.net 
CERTIFICATE OF SERVICE 

I hereby certify that on Januar 26, 2010, I filed via hand and electronic mail delivery an 

original and two copies of the foregoing Complaint Counsel's Motion for Offcial Notice of 
 New 

Contract Agreement between Polypore and Exide Technologies Inc. with: 

Donald S. Clark, Secretary 

Office of the Secretar 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, Rm. H-159 

Washington, DC 20580 

I hereby certify that on January 26, 2010, I filed via hand delivery two copies of the 

foregoing Complaint Counsel's Motion for Official Notice of 
 New Contract Agreement between 

Polypore and Exide Technologies Inc. with: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

I hereby certify that on Januar 26, 2010, I filed via electronic mail delivery a copy of the 

foregoing Complaint Counsel's Motion for Official Notice of 
 New Contract Agreement between 

Polypore and Exide Technologies Inc. with: 

Wiliam L. Rikard, Jr. 

Parker, Poe, Adams & Bernstein, LLP 

401 South Tryon Street, Suite 3000 

Charlotte, Nort Carolina 28202 

willamrikard~parkerpoe.com 

B 

Linda Cunnngh

Federal Trade C on 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Telephone: (202) 326-3488 

lcunningham~ftc.gov 
UNITED STATES OF AMERICA 

BEFORE THE FEDERA TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

) 

) 

) Docket No. 9327 

Polypore International, Inc. 

a corporation. 

) 

) 

) 

PROPOSED ORDER 

Upon consideration of 
 Complaint Counsel's Motion for official Notice pursuant to 16 C.F.R. 

§3.43(d) and Respondent's response thereto, and the Cour being fully informed, it is this_
 

day of ,2010, hereby ORDERED, that the Motion is GRANTED. 

ORDERED: 

D. Michael Chappell 

Administrative Law Judge 

Date: 

1