ORIGINAL
 

UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE 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 

DOCUMENTS DESIGNATED BY 

RESPONDENT POL YPORE INTERNATIONAL, INC. 

Non-Party The Moore Company moves, pursuant to Federal Trade Commission ("FTC") 

Rule 3.45(b) of the FTC's Rules of 
 Practice, 16 C.F.R. § 3.45(b), for an order allowing in 

camera treatment of certain documents designated by Respondent Polypore International, Inc 

("Polypore") as proposed trial exhibits (the "Designated Documents"). A table setting forth the 

Designated Documents is attached hereto as Exhibit A. In support of this motion, The Moore 

Company refers to the accompanying Declaration of Guy Dauwe ("Dauwe Dee!."). 

I. Procedural Back2round
 

Complaint Counsel and Respondent Polypore have made numerous discovery requests of 

The Moore Company relating to The Moore Company's subsidiary Amer-Sil's battery separator 

business. The Moore Company designated those non-public, commercially-sensitive materials it 

produced in response to the discovery requests as "Confidential" in accordance with 15 D.S.C. § 

46(f) and 16 C.F.R. § 4.10(a)(2). The Moore Company also produced materials pursuant to the 

970394
 
Protective Order Governing Discovery Material that was entered by the Cour on October 23, 

2008. 

By letter dated March 27, 2009, Polypore informed The Moore Company that it intended 

to introduce evidence containing "Confidential Material" as that term is defined in the Protective 

Order. See Letter from Eric Welsh dated March 27,2009, attached hereto as Exhibit B. 

1 Polypore did not specifically identify Contrary to the requirements of the Protective Order, 


which documents or records it intended to use at trial; instead, Polypore's letter merely stated 

that the Confidential Material "may be in the form of documents The Moore Company has 

produced to Polypore's Counsel, documents The Moore Company has produced to the Federal 

Trade Commission, documents used in depositions of 
 The Moore Company's witnesses, and/or 

the deposition testimony or transcripts of 
 The Moore Company's witnesses." Id. 

On April 9, 2009, given the uncertainty as to the specific documents Polyp ore intended to 

use at trial, The Moore Company filed a Motion For Extension of Time to Seek In Camera 

Treatment of the documents designated by Polypore. By Order dated April 
 14, 2009, this Cour 

granted The Moore Company's Motion For Extension of 
 Time to Seek In Camera Treatment, 

and directed Polypore to inform The Moore Company by April 
 17, 2009, with specificity, which 

documents in intended to introduce at triaL. The Moore Company was directed to file its motion 

for in camera treatment for such documents, not including affidavits, by April 24, 2009 -- one 

week after Polypore was required to make its specific designations. 

On April 
 17, 2009, Polypore provided The Moore Company with "a list identifying 

evidence" Polypore "may introduce at the May 12,2009 hearing" in this matter. See Letter from 

Eric Welsh dated April 
 17, 2009, attached hereto as Exhibit C. According to Polypore's letter, 

i The Protective Order states that counsel who plans to introduce into evidence at a hearing any document 

containing Confidential Material produced by a third part is required to provide 10 days notice to the third part for 

purposes of allowing that part to seek in camera treatment of such documents. See Protective Order, paragraph 12. 

2
 
this list specified "The Moore Company's documents and witness testimony which Polypore 

intends to introduce at trial" . . . "subject to information learned during the April 
 23, 2009 

deposition of 
 Mr. Guy Dauwe." Id. Polypore's list identified over 160 individual Bates ranges 

of documents, consisting of approximately 1566 pages of evidence. The sheer volume of 

documents designated by Polypore rendered it impossible for The Moore Company to comply 

with the one-week deadline for seeking in camera treatment, in par due to the strict standards 

governing in camera applications and the level of detail and specificity required to support such 

applications. See, e.g., In re Hoechst Marion RousseL. :iqooo FTC LEXIS 138 (S~pt. 19, 

2000). 

On April 
 23, 2009, Complaint counsel and counsel for Polypore deposed Guy 

Dauwe, the Managing Director of Amer-Sil, in Washington, D.C. At the close of Mr. Dauwe's 

deposition (approximately 3:00 pm), counsel for The Moore Company was informed by 

Polypore's counsel that it had narrowed its proposed trial designations. On April 
 24, 2009, The 

Moore Company fied a motion for an extension of time to seek in camera treatment of the 

documents designated by Polypore on April 23, 2009. On April 
 28, 2009, the Court granted the 

motion in part, and set a deadline of 
 May 1,2009 for The Moore Company to fie this motion for 

in camera treatment. 

II. Le2al Standard
 

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

its public disclosure wil 
 likely result in a clearly defined, serious injury to the person, 

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

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

3 
serious injur. See H.P. Hood & Sons, Inc., 58 F.T.C. 1184, 1188, 1961 FTC LEXIS 368, *10­

11 (1961).
 

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

secret, that they are material to the applicant's business and that public disclosure wil 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 of 
 business 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; 

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

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 

value of 


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

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

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

"special solicitude," because such treatment encourages third-party cooperation in future 

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

4
 
1984 FTC LEXIS 60, at *2-3 (1984) ("Moreover, as third paries, the requests of these 

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

treatment in appropriate cases involving third par bystanders encourages cooperation with 

future 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."). 

III. Ar2ument
 

The Designated Documents should be afforded in camera treatment because The Moore 

Company, a nonparty, wil suffer a clearly defined, serious injur if 
 the documents are publicly 

disclosed. Specifically, the Designated Documents contain information that is both secret and 

material to The Moore Company's business. Public disclosure would cause great competitive 

har to The Moore Company, and this risk of harm is not outweighed by the significance of the 

information to the present proceeding. 

The Designated Documents contain information that is highly confidential and not 

disclosed outside of Amer-Sil, except insofar as it may be shared confidentially with Amer-Sil's 

business partners, usually in the context of non-disclosure agreements. 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 part of the facility where confidential business records are stored, 

or confidential manufacturing processes take place. Id. Those employees who receive the 

information typically do so only upon entering into confidentiality agreements that prohibit them 

5 
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. 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. Id. Additionally, Amer-Sil, 

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

protect the confidentiality of the Designated Documents. Id. 

As discussed more fully in the Declaration of Guy Dauwe, The Moore Company seeks in 

camera treatment for the following types of documents: 

1. Product Development Information: Several of the Designated Documents contain
 

highly sensitive information related to futue Amer-Sil product offerings. See Dauwe DecL. ir 8. 

The confidentiality of this information is critical to Amer-Sil' s commercial viability and 

competitiveness. Id. Amer-Sil has invested and continues to invest hundreds of thousands of 

dollars in its ongoing efforts to develop new products. Id. It has also invested substantial 

amounts of money in developing its relationships with its clients and its knowledge of their 

unique needs. Id. Public disclosure is certain to cause substantial harm to Amer-Sil's business 

interests because of 
 the advantage that disclosure would provide to Amer-Sil's competitors. Id. 

Amer-Sil prides itself on its unique process of manufacturing battery separators. Id. Amer-Sil is 

unaware of any other company in the world that uses the same process or a similar process as 

Amer-SiL. Id. Amer-Sil believes that its unque process gives its separators a competitive edge. 

Id. 

Amer-Sil is highly protective of the secrecy surrounding its manufactuing process. Id. 

No published literature or other publicly-available printed materials on this process exist (other 

6
 
than non-specific information contained in a patent, which does not reveal any confdential or 

proprietar information). Id. All such information is highly confidentiaL. Id. irir 6,8. 

Innovations in the design of Amer-Sil's products are a crucial part of Amer-Sil's competitive 

advantage over its competitors. Id. ir 8. Several of 
 these documents are protected by 

nondisclosure agreements, as more fully described in Mr. Dauwe's Declaration. Id. ir 8. 

Because these documents contain information that is critical to Amer-Sils long-term product 

development and marketing strategies, The Moore Company requests that the documents be 

afforded in camera treatment for three to ten years, as indicated in Exhibit A. See In the Matter 

of Evanston Northwestern Healthcare Corp., 2005 FTC LEXIS 38, at *19-21 (2005) (granting in 

camera treatment for ten years for non-party's business development and strategy documents). 

Any shorter periods of time would risk substantial commercial and competitive harm to AmerSiL. Dauwe DecL. ir 8. 

2. Product Marketing, Customer, and Sales Strategy Information: These documents
 

contain marketing strategy and product development information, including sales strategy, 

pricing information, prospective customers, and curent customers. Dauwe DecL. ir 9. This 

information was assembled at considerable time and expense, and represents a core business 

asset. Id. Public disclosure of this information would damage Amer-Sil s competitive position 

because it would provide Amer-Sil's competitors with information regarding Amer-Sil's 

marketing strategy and product development. Id. Disclosure may also enable customers to gain 

bargaining leverage over Amer-SiL. Id. Information in this category should be protected for 

three to ten years, as indicated in Exhibit A, as any shorter periods of time would risk substantial 

commercial and competitive harm to Amer-SiL. Id. 

7
 
3. Category 3: Pricing Information. These documents provide information relating
 

to Amer-Sil's product sales ordered by country and individual customer. Dauwe DecL. ir 10. 

Public disclosure of this information would damage Amer-Sil' s competitive position, because it 

would provide Amer-Sil's competitors with information regarding the prices charged by AmerSil for specific products sold to specific customers. Id. Amer-Sil's price terms are individually 

negotiated with each of its customers, taking into account a host of factors that are unique to each 

customer relationship. Id. In addition, the sales volume information reflected in these
 

documents could be used by competitors of Amer-Sil by revealing where Amer-Sil generates its 

sales revenue. All of this information is confdential and competitively sensitive. Id. Amer-Sil 

would suffer substantial competitive harm if it were made par of the public record in this matter. 

Id. Additionally, the pricing information contained in Exhibits RXI606-08, as well as RX1615 

is protected by a nondisclosure agreement. Id. Additionally, some of this information is 

protected by nondisclosure agreements. Id. This information should be protected for three to 

five years, as Exhibit A, as any shorter periods of time would risk substantial commercial and 

competitive harm to Amer-SiL. Id. 

As detailed in his Declaration, Mr. Dauwe personally reviewed all of 
 the Designated 

Documents and determined the length of time for which in camera treatment is appropriate based 

on his assessment of the harm that The Moore Company would suffer if the Designated 

Documents were publicly disclosed. Dauwe DecL. ir 11. Based on that review, The Moore 

Company has indicated the minimum lengths of time for which the documents should be 

afforded in camera treatment. Id. ir 12. 

Because it discusses the above listed documents in great detail and specifically as to why 

they are deserving of in camera treatment, the Declaration of Guy Dauwe should also be 

8 
afforded in camera treatment for a period of ten years, which is the longest period of time for 

which in camera treatment is sought for any document discussed therein. 

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

granted for the time frames above those documents or portions of documents identified in 

Exhibit A, and (2) in camera status be granted for a period of ten years to the Declaration of Guy 

Dauwe and its accompanying exhibits. 

Respectfully submitted,
 

THE MOORE COMPANY 

By its attorneys, 

1P~( ~~ ~.
 M' chael J. Connolly 

Laura B. Angelini 

HINCKLEY, ALLEN & SNYDER LLP 

28 State Street 

Boston, Massachusetts 02109-1775 

Dated: May 1, 2009 (617) 345-9000 

CERTIFICATE OF SERVICE 

I hereby certify that on May 1,2009, 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 em 
 ail) 

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 email) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

9 
Steven Dah, Esq. (first class mail and em 
 ail) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

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

Federal Trade Commission 

600 Pennsylvania Avenue, NW, Room H-I06 

Washington, DC 20580 

Donald S. Clark (original and two copies) 

Secretary ofthe FederalTrade Commission 

600 Pennsylvania Avenue, NW, Room H-135 

Washington, DC 20580 

uj1 \ff- '/7 ~ 

10
 
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. ) 

) 

ORDER 

Upon consideration of 
 The Moore Company's motion for in camera treatment of certain 

hearing exhibits designated by Polypore International, Inc., it is hereby ordered that the motion is 

GRATED, and the documents identified on Exhibit A of 
 The Moore Company's motion, which 

is attched hereto, shall be afforded in camera treatment pursuant to Rule 3.45(b) of 
 the Federal 

Trade Commission's Rules of 
 Practice, 16 C.F.R. § 3.45(b) for the time periods indicated in 

Exhibit A to the motion, all time periods commencing from the date of 
 this Order. 

ENTER: 

Administrative Law Judge D. Michael Chappell 

DATE: 

790271
 
Exhibit A
 
Exhibit A 

CATEGORY I: Product Development Information 

Trial 

Ex. 

Portion for which In Date Begin Doc. 

No. 

End Doc. 

No. 

Length of In 

Camera 

No. Camera Treatment is Treatment 

Necessary 

Requested 

RX Entire document 10/1 0/08 AM AM 10 years 

1622 0037744 0037753 

RX Entire document 12/08/08 AM AM 10 years 

1624 0285044 0285069 

RX Entire document 2007 AM AM 3 years 

1625 0290714 0290714 

RX Entire document 10/16/08 AM AM 10 years 

1629 0037251 0037256 

CATEGORY II: Product Marketin2, Customer, and Sales Strateev Information 

Trial Portion for which In Date Begin Doc. End Doc. Length of In Ex. No. No. Camera 

No. Camera Treatment is Treatment 

Requested

Necessary 

RX Entire document 2007 AM AM 10 years 

1612 0150896 0150908 

RX Entire document 8/23/07 AM AM 10 years 

1613 0291731 0291741 
RX Entire document 3/01/08 AM AM 10 years 

1614 0295059 0295085 

RX Entire document 3/31/08 AM AM 5 years 

1619 0288909 0288910 

RX Entire document 7/02/08 AM AM 10 years 

1620 0291633 0291634 

RX Entire document 8/28/08 AM AM 5 years 

1621 0069915 0069924 

RX Entire document 11/26/08 AM AM 3 years 

1623 0286572 0286573 

RX Entire document 2008 AM AM 10 years 

1628 0250964 0250999 

CATEGORY III: Pricin2 Information 

Trial 

Ex. 

No. 

Portion for which In 

Camera Treatment is 

Necessary 

Date Begin Doc. 

No. 

End Doc. 

No. 

Length of In 

Camera 

Treatment 

Requested 

RX 

1606 

Entire document 01/01/05 ­

3/12/05 

AM 

0026113 

AM 

0026116 

3 years 

RX 

1607 

Entire document 01/01/06 ­

3/12/06 

AM 

0026117 

AM 

0026119 

3 years 

RX 

1608 

Entire document 01/01/07 ­

3/12/07 

AM 

0026120 

AM 

0026123 

3 years 
RX 

1609 

Entire document 01/01/08 ­

12/31/08 

AM 

0026124 

AM 

0026124 

3 years 

RX Page AMOO03791 6/16/07 AM AM 003802 5 years 

1615 0003789 
Exhibit B
 
PARKER FOE 

PARR POEADAMS & BERST LLP 

Enc D. Welsh Three Wachovia Center Attorney and Counsdorsat Law


Parer 401 South Tryon Street
 

Telephone' 704.335.9052 Suite 3000 

Direct Fax: 704.335.9755
 Charlotte, NC 28202-1942

Telephone 704.372.9000
 ericwelsh~parketpoe.com 

Fax 704.334.4706
 

March 27, 2009 www.parkerpoe.com 

VIA ELECTRONIC MAIL AND FIRST CLASS MAIL 

THE MOORE COMPANY
 

36Beach Street
 

Westerly, RI 02891
 

Michael 1. Connolly
 

Laura B. Angelini
 

Hinckley, Allen, & Snyder LLP
 

28 State Street
 

Boston, Massachusetts 02109-1775
 

mconnolly(q,HASLA W.com 

1aigelini~HASLA W.com 

Re: In the Matter of Polypore International, Inc. 

Docket No. 9327 

Ladies and Gentlemen: 

My firm represents Polypore International, Inc. ("Polypore") in connection with a matter 

pending before the FederaLTrade Commission entitled In the Matter of Polypore International, 

Inc., Docket No. 9327 (the "Matter"). The hearing of this Matter is set to begin on May 12, 

2009. 

Pursuant to the terms of the Protective Order Governing Discovery Material ("Protective 

Order")(a copy is enclosed) 
 and Ru1e 3.45(b) of the Rules of Practice for Adjudicative 

Proceedings before the United States Federal Trade Commission ("Rule 3.45(b)"),you are 

hereby notified thatPolypore's Counsel intends to introduce evidence containing Confidential
 

Material, as that term is defined in the 
 Protective Order, at the May 12, 2009 hearing of this 

Matter. The Confidential.Material may be in the form of documents The Moore Company has 

produced to Polypore' sCounsel, documents The. Moore. Company has produced. to the Federal 

Trade Commission, documents used in depositions 
 of The Moore Company's witnesses, and/or 

the deposition testimony or transcripts of The Moore 
 Company' s witnesses. 

The Confidential Material introduced.into evidence at the hearing. of this Matter will 

continue to be. subject to the Protective Order, which safeguards 
 against the use or disclosure of 

confdential information submitted or produced in connection with ths Matter. However, please
 

CHAESTON, SC
 

COLUMIA, SC
 

MYTLE BEACH, SC 

RAEIGH, NC
 

SPARTANBURG, SC
 

PPAB 1548905vl 
March 27,2009 

Page 2 

be aware that all exhibits entered into evidence become par of the public record unless in 

camera status is granted by Administrative Law Judge ChappelL. Please let ths letter serve as 

formal notice that pursuant to the terms of 
 the Protective Order and Rule 3.45(b), you may obtain 

in camera treatment for such Confdential Material, or any portion thereof, only by appropriate 

motion to the Administrative Law Judge. If you have any questions regarding the foregoing, 

please feel free to contact me. 

Sincerely yours,
 

~~ t.U/ßf2t. 

Eric D. Welsh 

EDW/brw 

Enclosure 

PPAB IS4890Syl 

f 
Exhibit C
 
PARKER POE 

PARPoIiAD &BEIi LLP
 

Edc D. Welsh Attoii') Ild Co.""I.r¡ .r i.",	 Three Waehovia Center
 

401 South Tryon Street
 Putner
 

Suite 3000
 Telephone: 704.335.902 Oiarlotte, NC 28202-1942 Diect Fax: 704.335.9755
 

Telephone 704.371.9000
 ericwclh(Spakeipe.com	 I. fax 704.334.4706
 

April 17, 2009 ww.parkerpoc.com

VI ELECTRONIC MAL AND FIRST CLASS MAL 

i

TH MOORE COMPANY
 r

I 

36 Beach Street i

Westerly, RI 02891 

Michael J. Connolly 

Laura B. Angelin ,

,

I. 

Hinckley, Allen, & Snyder LLP 

28 State Street 

, I. Boston, Massachusett 02109-1775 I'. 

mconnoiiy~ASLA W.com i 

I langelIni(qHASLA W.com 

Re: In the Matter of Polyp ore International, Inc.	 i 

Docket No. 9327 I 

Ladies and Gentlemen: I 

Followig up on my letter of March 27, 2009, below please find. a list identifying 

evidence Polypre International, Inc. ("Polypore") may introduce at the May 12, 2009 hearing of 

the above~referenced matter. Subject to inormation leared durng the April 23, 2009
 

deposition of 
 Mr. Guy Dauwe, ths list specifies The Moore Company's documents and witness 

testimony which Polyp ore intends to introduce at triaL. Please be advised that pursuant to the
 

terms of the Protective Order, Rule 3.45(b), and the April 14,2009 Order Grantig Non~Par 

The Moore Company's Motion for Extension of Time to Seek In Camera Treatment, you may 

obtain in camera treatment for such evidence, or any portion thereof, onlX by appropriate motion 

to the Administrtive Law Judge. If you have any questions regarding the foregoing, pleas feel 

free to contact me. 

Sincerely yours,	 ¡ 

f-.. W-L I/J~c. I. 

Eric D. Welsh 

CHARLESON, sc
 

COLUMIA. SC
 

MYRTL BHACH, SC 

RAEIGH. NC
 

SPARTANBURG. SC
 

PPAB 1549609vI 
Eric D. Welsh 

PIU~r 

Telhone: 704.335.9052
 

Dircct Fu 704.335.9755
 

ercwelsliarkeipcom 

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.' 

PPAB lS49609vl 
UNITED STATES OF AMRICA 

FEDERA TRADE COMMISSION
 

OFFICE OF ADMINISTRTIVE LAW JUDGES 

)
 In the Matter of
 )
 

) Docket No. 9327
 

Polypore International, Inc.
 )
 a corporation. )
 

) 

PROTECTIVE ORDER GOVERNNG DISCOVERY MATERI 

For the purose of protecting the interests of the Paries and Third Paries in the above-


captioned matter against improper use and disclosure of confidential information submitted or 

. produced in connection with this Matter: 

IT is HEREBY ORDERED THAT this Protective Order Governing Confdential 

Matenal ("Protective Order") shall govern the handling of all Discoveiy Matena1, as hereafter 

defined. 

DEFINITIONS 

For puroses of 
 this Protective Order, the following definitions apply: 

i. "Confidential Matenal" shall mean all Discoveiy Matenal that is confdential or
 

propnetar information produced in discoveiy. Such material is referred to in, and protected by, 

section 6(f) ofihe Federal Trade Commission Act, 15 U.S.C. § 46(f); section 21 of the Federal 

Trade Commission Act, 15 U.sC. § 57b-2, the FTC Rules of 
 . . Practice, Sections 4.9, 4.10,16

C.F.R. §§ 4;9, 4; i 0; and precedents thereunder. Confidential Matenal shall include non-public 

trade secret or other research, development, commercial or financial infonnation, the disclosure 

of which would likely cause comtercial har to the Producing Par or to Respondent. The 
following is a non-exhaustive list of examples of information that likely wil qualify for 

treatment as Confdential Material: strategic plans (involving pricing, marketing, research and 

development, product road maps, corporate allances, or mergers and acquisitions) that have not 

been fully implemented or revealed to the public; trade secrets; cuStomer~specific evaluations or 

data (e.g., prices, volumes, or revenues); sales contrcts; system maps; personnel fies and 

evaluations; information subject to confdentiality or non-disclosure agreements; proprietar 

techncal or engineering information; proprietar financial data or projections; and proprietar 

consumer, customer, or market research or aniilyses applicable to current or futue market 

conditions, the disclosure of which could reveal Confidential MateriaL. Discovery Material will 

not be considered confidential if it is in the public domain. 

2. "Document" 
 meas the complete original or a tre, correct, and complete copy 

and any non-identical copies of any wrtten or graphic matter, no matter how produced, 

recorded, stored, or reproduced. "Document" includes, but is not limited to, any wrting, letter, 

envelope, telegraph,e~mail, meeting minute, memoradum, statement, affdavit, declartion, 

transcript of oral testimony, book, record, survey, map, stdy, handwrtten note, working paper, 

char, index, tabulation, grph, drawing, char, printout, microfim index, computer readable 

media or other electronically stored dataappointment book, diar, diar entry, calendar, 

organizer, desk pad, telephone message slip, note of interview or communication, and any other 

data compilation from which information can be obtained, and includes all drafs and all copies 

of such Documents and every wrting or record that contains any commenta, notes, or marking 

whatsoever not appeang on the original. 

3. "Discovery Material" includes without limitation deposition testimony, exhibits,
 

interrogatory responses, admissions, affdavits, declarations, Documents, tangible thing or 

-2­
answers to questions produced pursuant to compulsory process or voluntarly in lieu thereof, . . 

and any other Documents or information pr()duced or given to one Par by another Par or by a
 

Third Par in connection with discovery in ths Matter. Information taken from Discovery
 

Material that reveals its substance shall also be considered Discovery MateriaL. 

4. "Commission" shall refer to the Federal Trade Commission, or any of its 

employees, agents, attorneys, and all other persons acting on its behalf, excluding persons 

retained as consultats or experts for puroses ofthis proceeding. 

5. "Polypore" means Polypore International, Inc., and its predecessors, divisions, 

and subsidiares, and all persons acting or purprting to act on its behalf. 

6. "Respondent" means Polypore.
 

7. "Par" mean the Comnission or Polypore.
 

8. "Third Par" means any natural person, parnership, corporation, association, or 

other legal entity not named as a Par to this Matter and its employees, directors, offcers, 

attorneys and agents. 

9. "Producing Par" means a Part or Third Par tht produced or intends to 

produce Confidential Material to any of 
 the Paries. With respect to Confdential Material of a

Third Par that is in the possession, custody 
 or control of the FTC, or has been produced by the

FTC in this matter, the Producing Par shall mean the Third Par that originally provided such 

material to the FTC. The Producing Part shall mean the FTC for puroses of any Document or 

Discovery Material prepared by, or on behalf of, the FTC. 

10. "Matter" means the above captioned matter pending before the Federal Trade 

Commission, and all subsequent administrtive, appellate or other review proceedings related 

thereto. 

-3­
TERMS AND CONDITIONS OF PROTECTIV ORDER 

l. Any Document or portion thereof submitted by Respondent or a Thrd Par
 

dung the Federal Trade Commission (HFTC") investigation preceding this Matter or durng the 

proceedings in ths Matter that is entitled to confdentiality l;nder the Federal Trade 

Commission Act, or any regulation, interpretation, or precedent concerning documents in the 

course of 


possession of the Commission, as well as any infonnation taken from any portion of such 

document, shall be treated as Confidential Material for this Protective Order. For puroses of 


ths Protective Order, the identity ofa Third Par submitting such Confdential puroses of 


Material shall also be treated as Confidential Material where the submitter has requested in 

wrting such confdential treatment. 

2. The Paries and any Thrd Paries, in complying 
 with infonnal discovery requests,

or fonnal process in this Matter may designate any 

responsive document or portion thereof Con:dential Material, including documents obtained by 

disclosure requirements, discovery demands 


them from Third Paries pursuant to discovery or as otherwse obtaned. 

3. The Paries, in conducting discovery from Third Partes, shall provide to each
 

Third Par 
 a copy of this Protective Order so as to inform each such Third Par of his, her or its 

rights herein.
 

4. A designation of confidentiality shall constitute a representation in good faith and 

afer carefu detennination that the material is not reasonably believed to be already in the public 

domai and that counsel believes the material so designated constitutes Confidential Material as 

defined in Pargrph 1 of the Definitions of this Protective Order. All deposition transcripts 

-4­
shall be treated as Confidential MateriaL. 

5. If any Par seeks to challenge the Producing Par's designation of material as
 

Coridential Material, the challenging Par shall notify the Producing Par and all other Pares 

of the challenge. Such notice shall ideiitify with specificity (i.e., by document control numbers, 

deposition transcript page and liiie reference, or other means sufficient to locate easily such 

materials) the designation being chaHenged. The Producing Par may preserve its designation 

by providing the challenging Par and all other Paries a wrtten statement of the reasons for the 

the confidentiality challenge. If 

the Producing Par timely preserves its rights, the Paries shall continue to trat the challenged 

designation within five (5) business days of receiving notice of 


material as Confidential Materials, absent a wrtten agreement with the Producing Par or order 

of the Commission providing otheiwse.

6. If any conflct regarding a 
 confidentiality designation arses and the Paries and

Producing Par involved have failed to resolve the conflct via good~faith negotiations, a Part 

seeking to disclose Confdential Material or challenging a confidentiality designation may make 

wrtten application to the 
 hearng offcer for relief. The applicaton shall be served on the

. Producing Par and the other Pares to ths Matter, and shall be accompaned by a certification 

that good-faith negotiations have failedto resolve the outstanding issuës. The Producing Par 

and any other Par shall have five (5) business days after receiving a copy of the motion to 

respond to .the application. While an application is 
 pending, the Pares shall maintain the prethe Confidential MateriaL. Nothing in this Protective Order shall create a 

presumption or alter the burden of persuading the hearing offcer of the propriety of a requested 

disclosure or change in designation. 

..5­

application status of 

- .,...........
 . ..,. ....­

7. The Pares shall not be obligated to challenge the propriety of any designation or 

treatment of information as Confidential Material and the failure to do so promptly shall not 

preclude any subsequent objection to such designation or treatment, or any motion seeking 

permission to disclose such material to Persons not otherwse entitled to access under the terms 

of ths Protective Order. If Confdential Material is produced without the designation attached,
 

the material shall be treated as Confidential from the time the Producing Par advises 

Complaint Counel and Respondent's Counsel in wrting that such material should be so 

designated and provides all the Paries with an appropriately labeled replacement. The Paries 

shall retur promptly or destroy the unarked materials. 

8. Material produced in this Matter may be designated as confidential by placing on
 

the legibilty thereot),. or if an entire folder or box of documents is confdential by placing or 

or afxing to the document contaiing such material (in such maner as will not intedere with

. .
 

9327" or any 

other appropriate notice that considered to be confidential materiaL. Confidential information 

contained in electronic documents may also be designated as confidential by placing the 

designation "CONFIDENTIAL-FTC Docket No. 9327" or any other appropriate notice that 

identifies this proceeding, on the face of the CD or DVD or other medium on which the 

afxing to that folder Or box,.the designation "CONFIDENTIAL-FTC Docket No. 


document is produced. The foregoing designation of "CONFIDENTIAL-FTC Docket No. 9327" 

shall not be required for confidentiality to apply to documents and information previously 

produced voluntaily or pursuant to a Civil Investigative Demand or subpoena durng the 

investigational phrase preceding this Matter for which confdential treatment was requested. 

Masked or otherwise redacted copies of documents may be produced where the portions deleted 

-6- .
 
.' ø .....
 

contan privileged matter, provided that the copy produced shall indicate at the appropriate point 

that portions have been deleted and the reasons therefor. 

9. Confidential Material shall be disclosed only to: (a) the Administtive Law
 

Judge presiding over this proceeding, personnel assisting the Administrtive Law Judge, the 

Commssion and its employees, and personnel retained by the commission as experts or 

consultants for this proceeding, (b) judges and other cour personnel of any cour having 

jurisdiction over any appellate proceedings involving this matter, (c) cour reporters in tms 

matter, (d) outside cotUsel of 
 record for Respondent, its associated attorneys and other 

employees of its law firm(s), provided they are not employees of Respondent, (e) Michael Shor, 

Polypore Special CotUsel, (f) anyone retained to assist outside cotUsel in the preparation of 

hearng of this proceeding including consultants, provided they are not affliated in any way with 

Respondent and have signed Exhibit A hereto, (g) any witness or deponent who may have 

authored or received the information in question; (h) any individual who was in the direct chan 

of supervision of 
 the author at the time the Discovery Material was created or received, except

burg Pincus 

International documents to Polypre or former Microporous personnel who would not otherwse 

that this provision does not permit disclosure ofIndustrial Growt parer or War 


the entity that created or 

received the Discovery Material; (j) anyone representing the author or recipient of the Discovery 

Material in this Matter; and (k) any other Person(s) authorized in wrting by the Producing Par. 

have had access to the Discovery Material; (i) any employee or agent of 


10. Disclosure of confidential material to any person described in Paragrph 9 of this 

Protective Order shall be only for the purposes of the preparation and hearng of this Matter, or

any appeal therefrom, and for no other 
 purose whatsoever; provided, however, that the 

-7­
Commission may, subject to taing appropriate steps to preserve the confdentiality of such 

material, use or disclose confdential materials as provided by its Riles of Practice; Sections 6(f) 

ard 21 of the Federal Trade Commission Act; or any òther legal obligation imposed upon the 

Commission. 

I I. In the event that any Confidential Material is contained in any pleading, motion
 

exhibit or other paper fied or to be filed with the Secretar of 
 the Commission, the Secreta 

shall be so informed by the Par fiing such papers, and such papers shall be filed under seaL.
 

To the extent that such material was originally submitted by a Third Par, the Par including
 

the Materials in its papers shall imediately notify the submitter of such inclusion. Confidential 

Material contaned in the papers shall remain under seal until furter order of the Administrative 

Law Judge; provided, however, 
 that such.papers may be fuished to persons or entities who 

may receive Confdential Material pursuat to Paragrphs 9 or 10. Upon or aferfiling any 

paper containing Confidential Material, the filing part shall fie on 
 the public record a duplicate 

copy of the paper that does not reveal confidential materiaL. Furher, if the protection of any 

such material expires, a Par may fie on the public record a duplicate copy which also contains
 

the formerly protected material.
 

i 2. If counsel plans to introduce into evidence at the hearng any document or
 

transcript containing Confdential Material produced by another Par or by a Third Par, they
 

shall provide ten (10) days advance notice to the other Par or Third Par for puroses of 

allowing that Par or Thrd Par to seek 
 an order that the document or transcript be granted in 

camera treatment. If that Par or Third Par wishes in camera treatient for the document or
 

transcript, the Par or Third Par shall fie an appropriate motion with the Administrative Law
 

-8­
." , .....
 

Judge. Where in camera tratment is. granted, a duplicate copy of such document or trancript 

with the Confidential Material deleted therefrom may be placed on the public record. 

13. If any Par receives a discovery request in another proceeding that may require
 

the disclosure of Confdential Material submitted by another Par or Third Par, the recipient

of the discovery request shall promptly notify the submitter of receipt of such request. Unless a 

shorter time is mandated by an order of a cour, such 
 notification shall be in wrting and be

reeived by the submitter at least 10 business days before production, and shall include a copy of 

this Protective Order and a cover letter that wil apprise the submitter of its rights hereunder. 

the discovery request or anyone Nothing herein shall be consted as requiring the recipient of 


else covered by ths Order to challenge or appeal any order requirin~ production of Confdential 

Material, to subject itself 
 to any penalties for non-compliance with any such order, or to seek any

relief from the Administtive Law Judge or the Commission. The recipient shal not oppose the

submitter's efförts to challenge the disclosure of confidential material. . In addition, nothing 

Practice, 16
 herein shall limit the applicabilty of Rule 4.1 1 (e) of the Commission's Rules of 

C.F.R. §4.ll (e), to discovery requests in another proceeding that are directed to the Commission. 

14. At the time tht any consultant or other person retained to assist counsel in the
 

paricipation in the action, such person shall retur to 

counel all copies of documents or portions thereof designated confidential that are in the 

possession of such person, together with all notes, memoranda or other papers containig 

judicial review, the paries shall retur documents obtained in this action to their submitters, 

provided, however, that the Commission's obligation to retur documents shall be governed by 

preparation of this action concludes 


the provisions of Rule 4.12 of the Rules of 
 Practice, 16 C.F.R. §4.12.

-9­
15. The inadvertent production or disclosure of any Discovery Material, which a
 

Producing Par claims should not have been produced or disclosed because of a privilege, will 

not be deemed to be a waiver of any privilege to which the Producing Par would have been 

entitled had the privileged Discovery Material not inadvertently been produced or disclosed. 

The inadvertent production of a privileged document shall not in itself be deemed a waiver of 

any privileged applicable toany other documents relating to the subject matter.

i 6. This Protective Order shall not apply to the disclosure by a Producing Par or its
 

counel of its own Confdential Material.

17. The provi~ons of 
 ths Protective Order, insofar as they restrct the

communcation and use of confidential discovery material, shall, without wrtten peission of
 

the Commission, continue to be binding after the conclusion of 

this proceeding. 

the submitter or furter order of 


ORDERED: l)M~

D. Michael Chappell 

Administrative Law Judge 

Date: October 23, 2008
 

-10­
". .'. ..... 

EXHIBIT A 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF AnMINISTRATIVE LAW JUDGES 

) 

In the Matter of ) 

) Docket No. 9327 

Polypore International, Inc. ) 

a corporation. ) 

) 

DECLARATION CONCERNING'PROTECTIV ORDER 

GOVERNING DISCOVERY MATERIAL 

i, , hereby declare and certify the following to be true:
 

1. (Statement of employment)
 

2. I have read the "Protective Order" governing DiscoveryMatenal ("Protective 

Order") issued by the Commission on October 23, 2008, in connection with the above-:captioned 

Matter. I understand the restrctions on my access to and use of any Confdential Matenal (as 

that term is used in the Protective Order) in this Matter, and I agree to abide by the Protective 

Order. 

3. I understad that the restrictions on my use of such Confdentiality Matenal
 

include: 

a. that I wil use such Confidential Matenal only for the purose of preparng
 

this proceeding and 

for no other purpose; 

for this proceeding, and heanng(s) and any appeal of 


b. that I wil not disclose such Confidential Matenal to anyone, expect as
 

permitted by theProlective Order;
 

and maintan the Confidential Material in such a way 

as to ensure its continued protected status; and 

c. that I wil use, store 


d. that, upon the termination of my paricipation in this proceeding, I will 

promptly retur all Confidential Matenals and all notes, memoranda, or other papers containing 

Confidential Matenal, to Complaint Counselor Respondent's Outside Counsel as appropnate. 

4. I understad that if! am receiving Confidential Matenal as an ExpertConsultat,
 

on niy use of Confidential 'as that term is defined in this Protective Order, the restrctions 


-11­
Material also include the duty and obligation to: 

a. maintain such Confdential Material in separte locked room(s) or locked
 

cabinet(s) when such Confdential Material is not being review~d; 

b. retu such Confidential Material to Complaint Counselor Respondent's
 

Outside Couisel, as appropriate, upon the conclusion of my assignent or 

retention, or upon conclusion OftWs Matter; and 

c. use such Confidential Material and the infonnation contained therein .
 

solely for the purose of rendering consulting services to a Par to tls
 

Matter, including providing testimony in 
 judicial or administrative 

proceedigs arsing out of this Matter. 

5. I am fully aware that, pursuat to Section 3.42(h) of the FTC Riles of Practice, 16
 

C.F.R. § 3.42(h), my failure to comply with the tenns of the Protective Order may constitute 

contempt of the Commission and may subject me to sanctions. 

Date: 

Full Naie (Typed or Printed)
 

Signatue 

-12­
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 

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 offces are located in Zone 

Industrielle, 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 Documents 

Designated by Polypore. 

3. Polypore has informed Amer-Sil that, in this proceeding, it intends to 

introduce evidence containing "Confidential Material" as that term is defined in the 

Protective Order Governing Discovery Material (the "Protective Order"). 

4. I have reviewed the documents designated by Po1ypore and concluded that
 

certain information in those documents is highly confidential and that the public . 

disclosure of 
 that information would cause significant harm to Amer-Sil's commercial 

and competitive interests. 

5. Those documents for which in camera treatment is appropriate are listed 

in Exhibit A to this declaration. 

1 787927 
6. The documents listed in Exhibit A contain information that is highly 

confidential and generally not disclosed outside of Amer-Sil, except insofar as it may be 

shared confidentially with Amer-Sils business partners. It is distributed within the 

company only to those who have a specific need for the information. Amer-Si1 maintains 

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

access to any part of 
 the facilty 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, Amer-Sil, and by 

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

protect the confidentiality of the documents listed in Exhibit A. 

7. F or the convenience of the Court, the documents listed in Exhibit A have
 

been organized into categories, each of which is discussed below. 

8. Category 1: Product Development Information. These documents contain
 

executive-level information of 
 the highest confidentiality and materiality. They include 

information about Amer-Sils upcoming product releases, sales and marketing strategy, 

and current and prospective customers. Amer-Sil has invested and continues to invest 

hundreds of 
 thousands of dollars in its ongoing efforts to develop new products. It has 

also invested substantial amounts of money in developing its relationships with its clients 

and its knowledge of their unique needs. Public disclosure of this information is certain 

to cause substantial commercial and competitive harm to Amer-Sil because of the 

advantage it would provide to competitors. Amer-Sil prides itself on its unique process 

of manufacturing battery separators. Amer-Si1 is unaware of any other company in the 

world that uses the same process or a similar process as Amer-Sil. Amer-Sil believes that 

its unique process gives its separators a competitive edge. Amer-Sil is highly protective 

of the secrecy surrounding its manufacturing process. No published literature or other 

publicly-available printed materials on this process exist (other than the non-specific 

information reflected in a patent, which does not reveal any confidential or proprietary 

information). All such information is highly confidentiaL. Changes in the design of 

Amer-Sils products are a crucial part of Amer-Sils competitive advantage over its 

competitors. Publicizing such information would be extremely damaging to Amer-Sil. 

Public disclosure would also risk substantial commercial and competitive harm to AmerSils customers. Additionally, the information contained in Exhibits RX622, RX1624, 

RX1628, and RX1629, regarding new products in development, is protected by 

nondisclosure agreements entered into between Amer-Sil and its existing and prospective 

customers. It is respectfully submitted that this information should be protected for three 

to ten years, and that any shorter periods of time would risk substantial commercial and 

competitive harm to both Amer-Sil and its customer. 

2 787927 
9. Category 2: Product Marketing, Customer, and Sales Strategy
 

Information. These documents contain highly sensitive marketing strategy and product 

development information, including sales strategy, pricing information, prospective 

customers, and current customers. This information was assembled at considerable time 

and expense, and represents a core business asset. As reflected in the documents, this 

information was shared with a limited number of employees within Amer-Sil and with 

each prospective customer that participated in discussions with Amer-Sil. The other 

entities that participated in discussions with Amer-Sil understood and desired that the 

discussions would be confidentiaL. For example, as set forth the document, the 

information contained in Exhibit RX1620 was shared with Amer-Sil only after Amer-Sil 

entered into a confidentiality agreement. The product design information provided by 

Amer-Sils customer, which is contained in Exhibit RX1621, is also protected by a 

nondisclosure agreement entered into between Amer-Sils customer and Amer-Sil. 

Public disclosure of 
 this information would damage Amer-Sil's competitive position 

because it would provide Amer-Sil's competitors 
 with information regarding Amer-Sil's 

marketing strategy and product development, without the attendant cost that Amer-Sil 

incurred in generating the information, and enable Amer-Sil's competitors to use that. 

information in their own negotiations with Amer-Si1's customers. Disclosure wil also 

enable customers to gain bargaining leverage over Amer-Sil, in that they would obtain 

information regarding Amer-Sils confidential negotiations with other current or 

prospective customers. Disclosure may also significantly disrupt Amer-Sils customer 

relationships. It is respectfully submitted that this information should be protected for 

three to ten years, as indicated in Exhibit A, and that any shorter periods of time would 

risk substantial commercial and competitive harm to Amer-Sil. 

10. Category 3: Pricing Information. These documents provide information
 

relating to Amer-Sils product sales ordered by individual customer. Public disclosure of 

this information would damage Amer-Sils competitive position, because it would 

provide Amer-Sils competitors with information regarding the confidential pricing 

information tailored by Amer-Sil for specific products sold to specific customers. AmerSils price terms are individually negotiated with each of 
 its customers, taking into 

account a host of factors that are unique to each customer relationship. All of this 

information is confidential and competitively sensitive. Amer-Sil would suffer 

substantial competitive harm if it were made part of 
 the public record in this matter. The 

information contained in RX1615 is also protected by a nondisclosure agreement. It is 

respectfully submitted that this information should be protected for three to five years, 

and that any shorter periods of time would risk substantial commercial and competitive 

harm to Amer-Sil. 

11. I personally reviewed all of the documents listed in Exhibit A and
 

determined the length of 
 time for which in camera treatment is appropriate based on my 

assessment of the harm that would be caused by public disclosure. 

3 787927 
05/01/2009 15: 10 FAX 702 739 3649 TROPICANA BUSINESS CTR
 I4 001 

12. Based on my review of the documents listed in Exh.bit A I have indicated 

the minîa11eng of time for which, in my judgment, the documents should be aforded 

in camera treatment 

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

foregoing is tre and correct to the best of 
 my knowledge and belief. 

Executed this 1
 day of ~ , M in Kelùen, Luxembourg.
 

(1' ~uG787927 4 
Nonpublic

Exhibits

Redacted