ORIGINAL 

UNITED STATES OF AMERICA 

BEFORE THE FEDERA TRAE COMMISSION 

COMMISSIONERS:	 Wiliam E. Kovacic, Chairman
 

Pamela Jones Harbour
 

Jon Leibowitz
 

J. Thomas Rosch 

) In the Matter of ) 

) Docket No. 9327 

Polypore International, Inc., ) Public

)

A corporation. ) 

) 

THE MOORE COMPANY'S 

MOTION FOR IN CAMERA TREATMENT OF DEPOSITION EXCERPTS 

Non-Pary The Moore Company moves for an order allowing in camera treatment of 

certain excerpts from a deposition transcript that Complaint Counsel and Respondent Polypore 

International, Inc. ("Polypore") have designated for introduction into evidence in this 

proceeding. 

Complaint Counsel and Respondent Polypore International, Inc. ("Polypore") have made 

numerous discovery requests of The Moore Company relating to The Moore Company's 

subsidiary Amer-Sil, S.A.'s ("Amer-Sil") battery separator business. On April 23, 2009, 

Complaint Counsel and Polypore jointly deposed Guy Dauwe, Amer-Sil's Managing Director. 

Complaint Counsel and Polypore subsequently notified The Moore Company that they each 

intended to offer into evidence certain designated portions of 
 Mr. Dauwe's deposition transcript. 

Public disclosure of 
 the designated excerpts ofMr. Dauwe's deposition is likely to cause direct, 

serious harm to The Moore Company and Amer-SiL Therefore, pursuant to Federal Trade 

Commission ("FTC") Rule 3.45(b) of 	 the FTC's Rules of 
 Practice, 16 C.F.R. § 3.45(b), The 

972944 
Moore Company respectfully moves for in camera treatment of 
 the designated deposition 

excerpts identified in the Declaration of Guy Dauwe ("Dauwe DecL.") in support of 
 this motion, 

and attached thereto as Exhbit A. The actual deposition transcript is attached as Exhbit B to 

Mr. Dauwe's Declaration. 

I. Le2al Standard
 

16 C.F.R. § 3.45(b) provides that a document shall be placed in camera "after finding 

that its public disclosure will likely result in a clearly defined, serious injur to the person, 

parnership, or corporation requesting in camera treatment." An applicant for in camera 

treatment bears the burden of demonstrating that public disclosure will result in a clearly defined, 

serious injur. See H.P. Hood & Sons. Inc., 58 F.T.C. 1184, 1188, 1961 FTC LEXIS 368, *10­

11 (1961).
 

Demonstrating serious injur requires the applicant to show "that the documents are 

secret, that they are material to the applicant's business and that public disclosure will plausibly 

discourage the futue production of such information." In the Matter of 
 Bristol-Myers Company, 

90 F.T.C. 455, 456, 1977 FTC LEXIS 25, *4-5 (1977). "The likely loss ofbusIness advantages 

is a good example of a 'clearly defined, serious injur.'" In re Hoechst Marion RousseL. Inc.,
 

2000 FTC LEXIS 138, *6 (Sept. 19,2000) (quoting In the Matter of 
 General Foods Corp., 95 

F.T.C. 352,355 (1980)). In order to sustain this burden of 
 proof, an application for in camera 

treatment must be supported by proper evidence, such as affidavits, to support all factual issues 

or assertions. See id. *4. 

The following factors are weighed in considering both secrecy and materiality: (1) the 

extent to which the information is known outside of 
 the applicant's business; (2) the extent to 

which the information is known by employees and others involved in the applicant's business; 

2
 
(3) the extent of 
 measures taken by the applicant to guard the secrecy of 
 the information; (4) the

value of 
 the information to the applicant and to the applicant's competitors; (5) the amount of 

effort or money expended by the applicant in developing the information; (6) the ease or 

difficulty with which the information could be properly acquired or duplicated by others. See In 

the Matter of 
 Bristol-Myers Company, 90 F.T.C. at 456, 1977 FTC LEXIS 25, *5 (citing 

Restatement of 
 Torts § 757, Comment b at 6 (1939)). 

An application for in camera treatment that is submitted by a third-pary should be given 

"special solicitude," because such treatment encourages third-pary cooperation in futue 

proceedings. See In the Matter of 
 Kaiser Aluminum & Chemical Corporation, 103 F.T.C. 500, 

1984 FTC LEXIS 60, at *2-3 (1984) ("Moreover, as third parties, the requests of these 

companies deserve special solicitude. As a policy matter, extensions of confidential or in camera 

treatment in appropriate cases involving third part bystanders encourages cooperation with 

futue adjudicative discovery requests."); see also The Crown Cork & Seal Company. Inc., 71 

F.T.C. 1714; 1967 FTC LEXIS 128, at *2 (1967) ("Here, on the other hand, petitioner's plea 

warrants special solicitude coming as it does from a third party bystander in no way involved in 

the proceedings whose records, if in camera treatment is denied, wil be open to the scrutiny of 

its competitors including respondent herein."). 

II. Ar2ument
 

Neither The Moore Company nor its subsidiary Amer-Sil are parties to this proceeding. 

Moreover, the information identified in Exhibit A is both secret and material to Amer-Sil's 

operations. The Moore Company has guarded the confidentiality of this deposition testimony 

carefully. Public disclosure ofthe testimony is likely to result in a clearly defined, serious injur 

to The Moore Company, while adding little, if any, value to the public's understanding of the 

3 
issues in this proceeding. Therefore, the deposition testimony identified in Exhibit A merits in 

camera treatment. See,~, In re Hoechst Marion RousseL. Inc., 2000 FTC LEXIS 138, *6
 

(Sept. 19,2000) (quoting In the Matter of 
 General Foods Corp., 95 F.T.c. 352, 355 (1980)).

A. The Moore Company Has Preserved The Confidentiality Of The Information 

That Was The Subject Of Mr. Dauwe's Deposition 

The Moore Company has taken signficant steps to protect the confidentiality of the 

information that Mr. Dauwe testified to in his deposition. Mr. Dauwe's testimony concerns 

information that is ordinarily not disclosed outside of Amer-Sil, except insofar as it may be 

shared confidentially with Amer-Sil' s business partners, a process that is typically undertaken 

only after the execution of a non-disclosure agreement. Dauwe Decl. ir 6. It is distributed within 

the company only to those who have a specific need for the information. Id. Amer-Sil maintains 

all of its records in a locked facility. Id. It does not permit tours of 
 the facility or permit access 

to any par of the facilty where confdential business records are stored, or confdential 

manufacturing processes take place. Id. Those employees who receive the information typically 

do so only upon entering into confidentiality agreements that prohibit them from disclosing the 

information to others. Id. Amer-Sil guards the confidentiality of this information because of 
 its

value to the Company's ongoing business, as well as to its competitors. Id. Mr. Dauwe's 

testimony is therefore secret and material to Amer-Sil's business. See In the Matter of 
 BristolMyers Company, 1977 FTC LEXIS at *5. 

Moreover, Mr. Dauwe testified only under compulsory process in this proceeding. And, 

under paragraph 4 of 
 the Protective Order entered on October 23,2008, "(a)ll deposition 

transcripts shall be treated as Confdential MateriaL." The Protective Order was intended to 

expedite discovery while insurng that non-parties would be protected against improper use and 

disclosure of confidential information produced in connection with this docket. Given this 

4
 
presumption of confidentiality, and the motivating intent behind the Protective Order, in camera 

treatment of the testimony identified in Exhibit A is appropriate. 

B. Disclosure Of The Information In Exhibit A Could Result In Serious
 

Competitive Injury To The Moore Company And Its Subsidiary Amer-Sil 

The information for which The Moore Company seeks in camera treatment has a direct 

and tangible impact on its daily operations and overall competitive position. As explained in Mr. 

Dauwe's Declaration, the information in Exhibit A is the product of a significant investment of 

time and resources, and could not be acquired or duplicated by others in the absence of a similar 

expenditue of time and resources, if 
 it could be duplicated at all. Dauwe Decl. ir 6. As 

described in the Declaration, disclosure of Amer-Sil' s product development and manufacturing 

methods could damage Amer-Sil's competitive position. Id. Additionally, Amer-Sil, and by 

extension The Moore Company, has sought legal advice and incurred substantial cost to protect 

the confidentiality of the information contained in the deposition excerpts. Id. 

As Mr. Dauwe declares in fuher detail, the deposition testimony for which The Moore 

Company seeks in camera treatment concerns Amer-Sil' s product development and pricing 

strategies, and marketing and sales strategies. See Dauwe Decl. irir 8, 10, 12, 14, 16, 17, 22, 24, 

25,29,30,31,33,38,39,46,52,54,62. This information is material to Amer-Sil's business. 

Public disclosure could cause real and serious damage to Amer-Sil's competitive position 

because it would enable competitors to. 
 anticipate Amer-Sil's strategic decisions. See,~, 

Dauwe Decl. irir 33,38,52; see also see In the Matter of 
 Evanston Northwestern Healthcare 

Corp., 2005 FTC LEXIS at * 19-21 (granting in camera treatment for ten years for non-pary's 

business development and strategy documents). It would also allow competitors to gain insight 

into Amer-Sil's present capabilities and methods. See,~, Dauwe Decl. irir 8, 10, 12. 

Competitors could exploit this information to Amer-Sil's detriment. See In re Hoechst Marion 

5 
RousseL. Inc., 2000 FTC LEXIS at *6 ("The likely loss of 
 business advantages is a good example 

ofa 'clearly defined, serious injur."'). Moreover, public disclosure of this information could 

put Amer-Sil at an unair disadvantage in negotiations with curent or futue customers. 

C. The Public Interest In Disclosure Of Exhibit A Is Outweighed By The
 

Likelihood Of Serious Competitive Harm To The Moore Company And Its 

Subsidiary Amer-Sil 

The Moore Company is entitled to "special solicitude" as a nonparty requesting in 

camera treatment for its confidential business information. See In the Matter of 
 Kaiser 

Aluminum & Chemical Corporation, 103 F.T.C. 500, 1984 FTC LEXIS 60, at *2-3 (1984). 

Reasonable extensions of in camera treatment encourage nonparties to cooperate with futue 

discovery requests in adjudicative proceedings. Id. Here, The Moore Company has cooperated 

with the discovery requests made by Complaint Counsel and Respondent Polypore. However, 

public disclosure ofMr. Dauwe's testimony concerning Amer-Sil's product development and 

pricing strategies, and marketing and sales strategies, particularly for unelated products, will not 

promote the resolution of 
 this matter. Nor will the testimony enhance the public's understanding 

of this proceeding. The balance of interests strongly favors in camera protection of Mr. Dauwe's 

testimony. See In the Matter of 
 Bristol-Myers Company, 1977 FTC LEXIS at *5 (elaborating 

test for determining secrecy and materiality). 

D. In Camera Protection For Exhibit A And For The Dauwe Declaration Should
 

Extend For Five Years
 

Because of its immense value to Amer-Sil, as elaborated above, the information 

identified in Exhibit A is deserving of 
 lasting protection. As detailed in his Declaration, Mr. 

Dauwe personally reviewed all of 
 the designated excerpts and determined that they should be 

afforded in camera treatment for five years. Dauwe Decl. ir 70. Similarly, because it discusses 

the deposition excerpts identified in Exhibit A in great detail and specifically as to why they are 

6
 
deserving of in camera treatment, the Declaration of Guy Dauwe should also be afforded in 

camera treatment for a period of five years. 

WHEREFORE, The Moore Company respectfully requests that (1) in camera status be 

granted for five years to the deposition excerpts listed in Exhibit A. and (2) in camera status be 

granted for a period of five years to the Declaration of Guy Dauwe and its accompanying 

exhibits. 

Respectfully submitted,
 

THE MOORE COMPANY 

By its attorneys, 

~t~ c¡ÁAÌL if C~/~'

Michael J. Connolly 

Laura B. Angelini 

HINCKLEY, ALLEN & SNYDER LLP 

28 State Street 

Boston, Massachusetts 02109-1775 

Dated: MayJ(2009 (617) 345-9000 

CERTIFICATE OF SERVICE 

I hereby certify that on M~009, I caused a copy of 
 this document to be served upon 

the following persons via first class mail, postage pre-paid: 

Eric D. Welsh, Esq. (first-class mail and email) 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center, Suite 3000 

401 South Tryon Street 

Charlotte, NC 28202-1935 

(704) 372-9000 

1. Robert Robertson, Esq. (first-class mail and em 
 ail) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

7
 
Steven Dah, Esq. (first class mail and email) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

Administrative Law Judge D. Michael Chappell (two by first class mail and by em 
 ail) 

Federal Trade Commission 

600 Pennsylvana Avenue, NW, Room H-I06 

Washington, DC 20580 

Donald S. Clark (original and two copies) 

Secretary of the Federal Trade Commission 

600 Pennsylvania Avenue, NW, Room H-135 

Washington, DC 20580 

~ 

l1~q ;iU~l)(~
 

8 
UNITED STATES OF AMERICA 

BEFORE THE FEDERA TRAE COMMISSION 

COMMISSIONERS:	 Wiliam E. Kovacic, Chairman 

Pamela Jones Harbour 

Jon Leibowitz
 

J. Thomas Rosch 

In the Matter of ) 

) 

Polypore International, Inc., 

) 

) 

Docket No. 9327 

Public 

A corporation. 

) 

) 

) 

DECLARTION OF GUY DAUWE IN SUPPORT OF MOTION FOR IN 

CAMERA TREATMENT OF DEPOSITION EXCERPTS 

I, Guy Dauwe, declare as follows: 

1. I am the Managing Director of Amer-Sil, S.A. ("Amer-Sil"). Amer-Sil is a
 

wholly-owned subsidiary of 
 The Moore Company. Amer-Sil exists under the laws of 

Luxembourg. Amer-Sil's production facilities and offices are located in Zone 

Industrelle, Kehlen, L-8287, Luxembourg. 

2. I have reviewed the pleadings and motions fied by the FTC and by
 

Polypore International, Inc. ("Polypore") in this matter. I submit this declaration in 

support of The Moore Company's Motion for In Camera Treatment of 
 Deposition 

Excerpts. 

3. Complaint Counsel and Polypore have each informed Amer-Sil that, in 

this proceeding, they intend to introduce into evidence excerpts from my deposition taken 

on April 23, 2009. 

4. I have reviewed the deposition excerpts designated by Complaint Counsel 

and counterdesignated by Polypore, and concluded that certain information in those 

excerpts is highly confidential and that the public disclosure of that information would 

cause significant harm to Amer-Sil's commercial and competitive interests. 

5. The deposition excerpts for which in camera treatment is appropriate are 

listed in Exhibit A to this declaration. The complete deposition transcript is attched as 

Exhibit B to this declaration. 

1 980406 
6. The testimony contained in the deposition excerpts listed in Exhibit A
 

contains information that is highly confidential and generally not disclosed outside of 

Amer-Sil, except insofar as it may be shared confdentially with Amer-Sil's business 

partners. To the extent the information is retained in document form, it is distributed 

within the company only to those who have a specific need for the information. 

Moreover, Amer-Sil maintains all of 
 its records in a locked facility. It does not permit 

tours of the facilty or permit access to any part of 
 the facility where confidential business 

records are stored, or confidential manufacturing processes take place. Those employees 

who receive the information typically do so only upon entering into confidentiality 

agreements that prohibit them from disclosing the information to others. Amer-Sil 

guards the confidentiality of 
 this information because of 
 its value to the Company's

ongoing business, as well as the competitive harm it would suffer if the information was 

disclosed. The information is the product of a significant investment of time and 

resources, and could not be acquired or duplicated by others in the absence of a similar 

expenditure of time and resources, if 
 it could be duplicated at all. Additionally, AmerSil, and by extension The Moore Company, has sought legal advice and incurred 

substantial cost'to protect the confidentiality of the information contained in the 

deposition excerpts listed in Exhibit A. 

7. F or the convenience of the Court, the deposition excerpts for which in
 

camera treatment is appropriate are discussed in groupings below: 

Excerpts Desienated Bv Complaint Counsel 

8. p. 53. line 2- 17: This testimony refers to an request for proposal ("RFP")
 

that is stil outstanding. Public disclosure could harm Amer-Sil's chances of obtaining 

that business. Accordingly, the information is confidential because it concerns AmerSil's sales and marketing strategy as it relates to that customer and other customers. 

9. p. 72. line 4-15: See p. 53, line 2-17.
 

10. p. 73. line 22-25: This testimony refers to an RFP that is stil outstanding.
 

Public disclosure could harm Amer-Sil's chances of obtaining that business. 

Accordingly, the information is confidential because it concerns Amer-Sil's sales and 

marketing strategy as it relates to that customer and other customers. 

11. p. 74, line 1-18: See p. 73, line 22-25. 

12. p. 87. line 5-25: This testimony contains confidential information about 

recent tests of Amer-Sil's separators. Public disclosure could seriously harm Amer-Sil's 

competitiveness. If released out of context, it could also cause confusion about specific 

Amer-Sil products, i.e. customers may not know which products are referenced by the 

testimony. This could damage Amer-Sil's relationships with its customers. 

2 980406 
13. p. 88. line 1-10: See p. 87, line 5-25. 

14. p. 94. line 18-25: This testimony contains information about Amer-Sil's
 

business strategy. Public disclosure could seriously harm Amer-Sil's competitiveness. 

15. p. 95. line 1-6: See p. 94, line 18-25. 

16. p. 98. line 4-25: This testimony contains specific information about one of
 

Amer-Sil's customers. Public disclosure could cause harm to that customer, and could 

damage Amer-Sil's relationship with that customer. 

17. p. 106. line 12-20: This testimony contains specific information about one
 

of Amer-Sil's customers. Public disclosure could cause harm to that customer, and could 

damage Amer-Sil's relationship with that customer. Additionally, the testimony contains 

very sensitive information about a new and confidential Amer-Sil product that is 

unrelated to this proceeding. Discussions ofthis product with this customer are protected 

by a confidentiality agreement. Public disclosure of 
 this testimony could therefore cause 

serious harm to Amer-SiL. 

18. p. 108. line 15-25: See p. 106, line 12-20.
 

19. p. 109. line 1-3: See p. 106, line 12-20.
 

20. p. 110. line 16-25: See p. 106, line 12-20.
 

21. p. 111, line 1-13: See p. 106, line 12-20.
 

22. p. 114, line 24-25: This testimony contains specific information about one
 

of Amer-Sil's customers. Public disclosure could cause harm to that customer, and could 

damage Amer-Sil's relationship with that customer. Additionally, the testimony contains 

very sensitive information about a new and confidential Amer-Sil product that is 

unrelated to this proceeding. Discussions of this product with this customer are protected 

by a confidentiality agreement. Public disclosure ofthis testimony could therefore cause 

serious harm to Amer-SiL. 

23. p. 115, line 1-14: See p 114, line 24-25.
 

24. p. 122. line 3-14: This testimony contains confidential information about 

recent tests of Amer-Sil's separators. Public disclosure could seriously harm Amer-Sil's 

competitiveness. If released out of context, it could also cause confusion about specific 

Amer-Sil products, i.e. customers may not know which products or usage conditions are 

referenced by the testimony. This could damage Amer-Sil's relationships with its 

customers. 

3 980406 
25. p. 126. line 24-25: This testimony contains information about potential
 

quality problems related to Amer-Sil products. If released out of context, it could also 

cause confusion about specific Amer-Sil products, i.e. customers may not know which 

products or usage conditions are referenced by the testimony. This could damage AmerSil's relationships with its customers. 

26. p. 127. line 1-5: See p. 126, line 24-25.
 

27. p. 158, line 1-25: See p. 126, line 24-25.
 

28. p. 159. line 1-4: See p. 126, line 24-25.
 

29. p. 184. line 18-24: This testimony contains information about
 

commercially sensitive and confidential discussions between Amer-Sil and one of its 

customers, relating to that customer's product requirements. Public disclosure could 

cause harm to that customer, and could damage Amer-Sil's relationship with that 

customer. 

Excerpts Counterdesienated Bv Polvpore 

30. p. 52. line 8 - 25: This testimony refers to an RFP that is stil outstanding. 

Public disclosure could harm Amer-Sil's chances of obtaining that business. 

Accordingly, the information is confidential because it concerns Amer-Sil's sales and 

marketing strategy as it relates to that customer and other customers. 

31. p. 64. line 25: This testimony concerns the specific cost of a new
 

production line. No other company has a similar production line; therefore, this 

information is completely confidentiaL. Public disclosure could seriously harm AmerSil's competitiveness. 

32. p. 65. line 1 - 12: See p. 64, line 25. 

33. p. 69. line 1 - 6: This testimony concerns the specific capacity of a new
 

production line. This is confidential business information that could cause Amer-Sil 

serious competitive injury if 
 released publicly. Such information is virtually never shared 

with customers. 

34. p. 72. line 1 - 2: See p. 52, line 8 - 25. 

35. p. 72, line 19 - 25: See p. 52, line 8 - 25. 

36. p. 75. line 18 - 25: See p. 52, line 8 - 25. 

4 980406 
37. p. 76. line 1 - 9: See p. 52, line 8 - 25. 

38. p. 86. line 1 - 21: This testimony concerns the specific capacity of a new
 

production line. This is confidential business information that could cause Amer-Sil 

serious competitive injury if released publicly. Such information is virtally never shared
 

with customers.
 

39. p. 89. line 1 - 14: This testimony contains information about confidential
 

business discussions with an Amer-Sil customer. The information concerns the 

customer's inquiries about Amer-Sil's separator production capabilities. All discussions 

related to this topic are protected by a non-disclosure agreement. 

40. p. 91, line 1 - 23: See p. 89, line 1 - 14. 

41. p. 92. line 15 - 19: See p. 89, line 1 - 14. 

42. p. 93. line 3 -13: See p. 89, line 1-14. 

43. p. 93, line 15 - 17: See p. 89, line 1 - 14. 

44. p. 93. line 21 - 25: See p. 89, line 1 - 14. 

45. p. 94. line 1 - 6: See p. 89, line 1 - 14. 

;:¡l 

46. p. 104. line 24 - 25: This testimony relates to a meeting between Amer-


Sil and one of 
 its customers about one of Amer-Sil's new products. This is very sensitive 

information about a product unrelated to this proceeding. The information is protected by 

a non-disclosure agreement. 

47. p. 105. line 1-11: See p. 104, line 24 - 25.
 

48. p.l05. line 14-25: Seep. 104, line 
 24-25. 

49. p. 106. line 1 - 11: See p. 104, line 24 - 25. 

50. p. 109. line 10 - 25: See p. 104, line 24 - 25. 

51. p. 11 O. line 1 - 2: See p. 104, line 24 - 25. 

52. p. 130. line 19 - 25: This testimony concerns the subject of 
 product price 

increases in general, as well as product price increases for a specific customer. Because 

5 980406 
some prices are stil being negotiated, this information is highly sensitive. Public 

disclosure could harm Amer-Sil's ability to negotiate its prices. 

53. p.131.linel: Seep. 130, line 19-25. 

54. p. 134. line 3 - 15: This testimony refers to an RFP that is stil
 

outstanding. Public disclosure could harm Amer-Sil's chances of obtaining that business. 

Accordingly, the information is confidential because it concerns Amer-Sil's sales and 

marketing strategy as it relates to that customer and other customers. 

55. p. 134. line 21 - 25: See p. 134, line 3 - 15.
 

56. p. 135. line 1 - 13: See p. 134, line 3 - 15. 

57. P 135. line 19 - 25: See p. 134, line 3 - 15. 

58. P 136. line 1: See p. 134, line 3 -15. 

59. p. 155. line 23 - 25: See p. 130, line 19 - 25.
 

60. p. 156. line 1 - 14: See p. 130, line 19 - 25. 

61. p. 157. line 6 - 10: See p. 130, line 19 - 25. 

62. p. 181. line 6 - 22: This testimony contains information about
 

confidential business discussions with an Amer-Sil customer. Public disclosure would 

likely cause competitive injury to both Amer-Sil and Amer-Sil's customer. 

63. p. 182. line 3 -14: See p. 181, line 6 - 22. 

64. p.182.line20-25: Seep. 181,line6-22. 

65. p. 183. line 2 - 11: See p. 181, line 6 - 22. 

66. p. 184. line 8 -17: See p. 181, line 6 - 22. 

67. p. 185. line 1 -7: See p. 181, line 6 - 22. 

68. p. 185. line 14 - 25: See p. 181, line 6 - 22. 

6 980406 
28. MAl 2009 21: 17 AME R-S I L 352 308375 N~ 758 p, 1 

69. I personally revewed all of 
 the deposition excerpts designated by

Complait Counsel and counterdesignted by Polypore, and determined the lengt of the har tie for which in cumera tratment is approprite based on my assessment of 


that would be caused by public disclosure.

lengt of tie for which, in iny
 70. I have determined that the minimal 


judgment, the excerpts listed in Exhibit A should be aforded in camera treatment, is five 

time than five years would ri substtial commercial and 

competitive har to Amer-SiL. 

year. Any shorter period of 


I declare under the penalty of perjur under the laws of the United States that the 

foregoing is tre and correct to the best afmy knowledge and belief. 

Executed this Â day of ~ 

980406 7 
Exhibit A
 
Exhibit A 

Designated Excerpts of
 

Guy Dauwe's Declaration for which In Camera Treatment is Requested 

Complaint Counsel Designations
 

Deponent Complaint Counsel's Designations	 Designations for which In Camera 

Treatment is Requested 

Guy Dauwe p. 7, line 1-6	 p. 53, line 2-17 

p. 8, line 18-25	 p. 72, line 4-15 

p. 9, line 1-25	 p. 73. line 22-25 

p. 10, line 1-2	 p. 74, line 1-18 

p. 13, line 11-18	 p. 87, line 5-25 

p. 13, line 24-25	 p. 88, line 1- 10 

p. 14, line 1-20	 p. 94, line 18-25 

p. 14, line 24-25	 p. 95, line 1-6 

p. 15, line 1-4	 p. 98, line 4-25 

p. 15, line 8-17	 p. 106, line 12-20 

p. 15, line 21-25	 p. 108, line 15-25 

p. 16, line 1-7	 p. 109, line 1-3
 

p. 16, line 18-20	 p. 110, line 16-25 

p. 16, line 24-25	 p. 11 1, line 1-13 

p. 17, line 1-9	 p. 114, line 24-25 

p. 17, line 13-23	 p. 115, line 1-14 

p. 18, line 3-8	 p. 122, line 3-14 

p. 18, line 22-25	 p. 126, line 24-25 

p. 19, line 1-9	 p.127,line 1-5
 

p. 19, line 17-23	 p. 158, line 1-25 

p. 20, line 12-25	 p. 159, line 1-4 

p. 21, line 1-9	 p. 184, line 
 18-24 

p. 21, line 20-25 

p. 22, line 1-25
 

p. 23, line 1-18 

p. 24, line 9-23 

p. 25, line 24-25 

p. 26, line 1-7
 

p. 26, line 16-19 

p. 27, line 15-25 

p. 30, line 8-17 

p. 33, line 6- 10
 

p. 34, line 1-2
 

p. 35, line 6-12 

p. 37, line 5-12 

p. 37, line 17-19 

p. 38, line 18-25 
p. 39, line 1 -25
 

p. 40, line 1-24
 

p. 41, line 12-25
 

p. 42, line 1-2
 

p. 42, line 8-25
 

p. 43, line 1-25
 

p. 44, line 1-8
 

p. 46, line 11-12
 

p. 46, line 15-25
 

p. 47, line 1-22
 

p. 49, line 1-6
 

p. 50, line 2-14
 

p. 51, line 6-7
 

p. 52, line 8-25
 

p. 53, line 1-25
 

p. 54, line 1-22
 

p. 55, line 10-14
 

p. 57, line 3-13
 

p. 57, line 20-25
 

p. 58, line 1-25
 

p. 59, line 1-25
 

p. 60, line 13-17
 

p. 61, line 13-21
 

p. 61, line 24-25
 

p. 62, line 1-5
 

p. 64, line 25
 

p. 65, line 1-12
 

p. 65, line 16-25
 

p. 66, line 1-10
 

p. 66, line 15-25
 

p. 67, line 1-25
 

p. 68, line 1-19
 

p. 69, line 1-6
 

p. 69, line 23-25
 

p. 70, line 1-25
 

p. 71, line 1-25
 

p. 72, linel-2 

p. 72, line 4-25
 

p. 73, line 1-25
 

p. 74, line 1-25
 

p. 75, line 1-25
 

p. 76, line 1-9
 

p. 76, line 11-25
 

p. 77, line 1-25
 

p. 78, line 1-25
 

P. 79, line 1-25
 
p. 80, line 1-25
 

p. 81, line 1-19
 

p. 83, line 8-25
 

p. 84, line 1-3
 

p. 84, line 18-25
 

p. 85, line 1-4
 

p. 85, line 6-11
 

p. 85, line 23-25
 

p. 86, line 22-25
 

p. 87, line 1-25
 

p. 88, line 1-25
 

p. 90, line 2-25
 

p. 91, line 24-25
 

p. 92, line 1-14
 

p. 92, line 20-25
 

p. 93, line 1-2
 

p. 93, line 14
 

p. 94, line 7-25
 

p. 95, line 1-25
 

p. 96, line 1-25
 

p. 97, line 1-25
 

p. 98, line 1-25
 

p. 99, line 1-25
 

p. 100, line 1-25
 

p. 101, line 1-23
 

p. 102, line 13-25
 

p. 103, line 1-20
 

p. 104, line 8-18
 

p. 106, line 12-20
 

p. 108, line 15-25
 

p. 109, line 1-3
 

p. 110, line 3-25
 

p. 111, line 1-13
 

p. 112, line 9-15
 

p. 114, line 24-25
 

p. 115, line 1-14
 

p. 115, line 15-18
 

p. 117, line 1-19
 

p. 119, line 11-14
 

p. 119, line 21-23
 

p. 120, line 6-13
 

p. 120, line 24-25
 

p. 121, line 1-3
 

p. 121, line 19-25
 

p. 122, line 1-14
 

p. 123, line 12-25
 
p. 124, line 1-22
 

p. 125, line 20-25
 

p. 126, line 1-12
 

p. 126, line 24-25
 

p. 127, line 1-25
 

p. 128, line 1-11
 

p. 130, line 7-18
 

p. 131, line 2-25
 

p. 132, line 1-25
 

p. 133, line 1-20
 

p. 136, line 23-25
 

p. 137, line 1-13
 

p. 138, line 3-21
 

p. 139, line 5-25
 

p. 140, line 1-18
 

p. 140, line 22-24
 

p. 145, line 18-23
 

p. 146, line 3-13
 

p. 148, line 12-25
 

p. 149, line 1
 

p. 149, line 14-25
 

p. 150, line 1-8
 

p. 152, line 3-25
 

p. 153, line 1-17
 

p. 154, line 24-25
 

p. 155, line 1-22
 

p. 157, line 11-25
 

p. 158, line 1-25
 

p. 159, line 1-4
 

p. 161, line 8-25
 

p. 162, line 1-25
 

p. 163, line 1-25
 

p. 164, line 1-25
 

p. 165, line 1-5
 

p. 165, line 9-25
 

p. 166, line 1-4
 

p. 166, line 18-25
 

p. 167, line 1-25
 

p. 168, line 1-2
 

p. 171, line 1-25
 

p. 172, line 1-4
 

p. 176, line 25
 

p. 177, line 1-16
 

p. 178, line 8-25
 

p. 179, line 13-25
 

p. 180, line 1-5
 
p. 180, line 7-25
 

p. 181, line 1-5
 

p. 182, line 15-19
 

p. 183, line 12-25
 

p. 184, line 1
 

p. 184, line 18-25
 

p. 185, line 8-11
 

p. 186, line 21-25
 

p. 187, line 1-3
 

Respondent Polypore Counterdesignations 

Deponent Polypore's Counterdesignations 

Guy Dauwe p. 10, line 3 - 22
 

p. 11, line 6 - 10
 

p. 11, line 17 - 25
 

p. 12, line 1 - 2
 

p. 12, line 11 - 22
 

p. 13, line 19 - 23
 

p.15,line5-7
 

p. 15, line 18 - 20
 

p. 16, line 8 - 10
 

p. 16, line 15 - 17
 

p. 16, line 21 - 23
 

p. 17, line 9 - 12
 

p.17,line24-25
 

p. 18, line 1 - 2
 

p. 18, line 9 - 17
 

p. 19, line 12 - 16
 

p. 19, line 24 - 25
 

p. 20, line 1 - 5
 

p. 21, line 10 - 19
 

p. 23, line 19 - 23
 

p. 24, line 6 - 8
 

p. 25, line 6 - 23
 

p. 26, line 8 - 10
 

p. 27, line 10 -14 

p. 28, line 1 - 2
 

p. 28, line 22 - 25
 

p. 29, line 1 - 10
 

p. 29, line 19 - 25
 

p. 30, line 1 - 2
 

P. 30, line 4 - 7
 

Counterdesignations for which In
 

Camera Treatment is Requested
 

p. 52, line 8 - 25
 

p. 64, line 25
 

p. 65, line 1 - 12
 

p. 69, line 1 ~ 6
 

p. 72, line 1 - 2
 

p. 72, line 19 - 25
 

p. 75, line 18 - 25
 

p. 76, line 1 - 9
 

p. 86, line 1 - 21
 

p. 89, line 1 - 14
 

p. 91, line 1 - 23
 

p. 92, line 15 - 19
 

p. 93, line 3 - 13
 

p. 93, line 15 -17 

p. 93, line 21 - 25
 

p. 94, line 1 - 6
 

p. 104, line 24 - 25
 

p. 105, line 1 -11 

p. 105, line 14 - 25
 

p. 106, line 1 - 11
 

p. 109, line 10 - 25
 

p. 110, line 1 - 2
 

p. 130, line 19 - 25
 

p. 131, line 1
 

p. 134, line 3 - 15
 

p. 134, line 21 - 25
 

p. 135, line 1 - 13
 

p 135, line 19 - 25
 

P 136, line 1
 

p. 155, line 23 - 25
 
p. 30, line 18 - 25 

p. 31, line 1 -13 

p. 31, line 15 -25 

p. 32, line 1 - 25 

p. 33, line 1 - 5 

p. 33, line 11-18 

p. 33, line 23 - 25 

p. 34, line 3 - 11
 

p. 35, line 13 - 25 

p. 36, line 1 - 11
 

p. 36, line 19 - 24 

p. 37, line 13 - 16 

p. 38, line 11 - 13 

p. 38, line 16 - 17 

p. 41, line 2 - 11
 

p. 44, line 9 - 25 

p. 45, line 4 - 18 

p. 45, line 22 - 25 

p. 46, line 1 - 10 

p. 47, line 25 

p. 48, line 1
 

p. 49, line 7 -18 

p. 50, line 25 

p. 51, line 1-5 

p. 52, line 8 - 25 

p. 53, line 1
 

p. 53, line 18 - 25 

p. 54, line 1 - 4 

p. 55, line 10 - 14 

p. 57, line 3 - 13
 

p. 58, line 22 - 25 

p. 59, line 1-4 

p. 59, line 19 - 25 

p. 61, line 13 - 21 

p. 61, line 24 - 25 

p. 62, line 1 - 5
 

p. 64, line 25 

p. 65, line 1 - 12 

p. 67, line 1-7 

p. 69, line 1 - 6 

p. 70, line 19 - 25 

p. 71, line 1 -10 

p. 71, line 17 - 25 

p. 72, line 1 - 2 

p. 72, line 19 - 25 

p. 73, line 12 - 17 

p. 156, line 1 - 14 

p. 157, line 6 - 10 

p. 181, line 6 - 22 

p. 182, line 3 - 14 

p. 182, line 20 - 25 

p. 183, line 2-11 

p. 184, line 8 - 17 

p. 185, line 1-7 

p. 185, line 14 - 25 
p. 74, line 19 - 23 

p. 75, line 18 - 25 

p. 76, line 1 - 9 

p. 76, line 11 - 24 

p. 77, line 24 - 25 

p. 78, line 1 - 2 

p. 78, line 12 - 23 

p. 80, line 19 - 25 

p. 81, line 1 - 19 

p. 83, line 8 - 25 

p. 84, line 1 - 3
 

p. 85, line 6 - 11
 

p. 85, line 23 - 25 

p. 86, line 1 - 21 

p. 88, line 19 - 25 

p. 89, line 1 - 14 

p. 90, line 2 - 7 

p. 90, line 23 - 25 

p. 91, line 1 - 23 

p. 92, line 15 - 19 

p. 93, line 3 - 13 

p. 93, line 15 -17 

p. 93, line 21 - 25 

p. 94, line 1 - 6 

p. 95, line 13 - 25 

p. 96, line 1 - 25 

p. 97, line 1-2 

p. 97, line 10 - 14 

p. 97, line 19 - 22 

p. 99, line 17 -20 

p. 100, line 21 - 25 

p. 101, line 1
 

p. 102, line 13 - 20 

p. 104, line 24 - 25 

p.l05, line 1-11 

p. 105, line 14 - 25 

p. 106, line 1 - 11
 

p. 109, line 10 - 25 

p. 110, line 1 - 2
 

p. 119, line 21 - 23 

p. 120, line 6 - 13
 

p. 121, line 19 - 25 

p. 122, line 1 - 2
 

p. 124, line 16 - 22 

p. 126, line 9 - 12 

P. 127, line 6 - 18 
p. 130, line 19 - 25 

p. 131, line 1
 

p. 131, line 4-13 

p. 131, line 21 - 25 

p. 132, line 1 - 2
 

p. 133, line 14 - 20 

p. 134, line 3 - 15 

p. 134, line 21 - 25 

p. 135, line 1 - 13
 

P 135, line 19 - 25 

P 136, line 1
 

p. 138, line 12 - 21
 

p. 139, line 5 - 25 

p. 140, line 1- 18 

p. 145, line 18 - 23 

p. 155, line 23 - 25 

p. 156, line 1 -14 

p. 157, line 6 - 10 

p. 161, line 23 - 25 

p. 162, line 1 - 20 

p. 166, line 21 - 25 

p. 167, line 1 - 3
 

p. 179, line 13 -17 

p. 180, line 7-13 

p. 180, line 15 - 25 

p. 181, line 1 - 4
 

p. 181, line 6 - 22 

p. 182, line 3 - 14 

p. 182, line 20 - 25 

p. 183, line 2-11 

p. 184, line 8 - 17 

p. 185, line 1 -7 

p. 185, line 14-25 
Exhibit B
 
Nonpublic

Exhibits

Redacted