UNITED STATES OF AMERICA
 

FEDERAL TRADE COMMISSION
 

OFFICE OF ADMINISTRATIVE LAW JUDGES
 

In the Matter of 

POL YPORE INTERNATIONAL, INC., 

Respondent. 

) 

) 

) 

) 

) 

Docket No. 9327 

) 

ORDER ON RESPONDENT'S THIRD AND FOURTH 

MOTIONS FOR IN CAMERA TREATMENT 

I. 

Pursuant to Rule 3.45(b) ofthe Commission's Rules of 
 Practice and the October 22,2008 

Scheduling Order in this matter, Respondent Polypore International, Inc. ("Polypore") submitted 

its third and fourth motions for in camera treatment on June 11,2009 and June 17,2009. 

Complaint Counsel's time for filing oppositions to these motions has expired. 

An Order on Non-Parties' Motions for In Camera 
 Treatment was entered in this matter 

on May 6,2009. An Order on Respondent's Second Motion for In Camera Treatment was 

entered in this matter on May 13, 2009. The legal standards that apply to motions for in camera 

treatment, including the instant motions, are set forth in those Orders. 

II. 

A. 

By Order on May 13, 2009, Respondent's Second Motion for In Camera Treatment was 

granted in part and denied in par. It was denied in par as to those documents for which 

Respondent failed to explain how such document met the Commission's standards for in camera 

treatment. Respondent states that it has since reviewed those documents in order to reduce the 

total number of exhibits for which Respondent seeks in camera protection. 

Respondent's Third Motion seeks in camera treatment for the remaining exhibits it 

contends warant in camera treatment and for a few additional exhibits which were introduced at 

trial and had not been previously included by Respondent in a motion for in camera treatment. 

Respondent supports its motion with a Declaration from Michael Shor, Special Counsel 

for Polypore. Shor describes the documents for which in camera treatment is sought and 
declares that each document contains sensitive and confidential information, the disclosure of 

which would seriously injure Respondent. Shor fuher declares that each document has been 

maintained internally by Respondent in a confidential maner, shared only with those 

individuals requiring the information contained therein. According to his Declaration, the 

documents that Respondent designates as proposed trial exhibits are organized into nine 

categories: (1) business plans and strategies, (2) contract negotiations and customer contracts, (3) 

intellectual property and proprietary information, (4) market analysis, (5) pricing strategy, (6) 

customer-specific documents, (7) costing data, (8) sales and financial information, and (9) 

multiple category documents. 

Shor's Declaration supports Respondent's claims that the documents are sufficiently 

secret and sufficiently material to its business that disclosure would result in serious competitive 

injury. That showing was then balanced against the importance of the information in explaining 

the rationale of decisions at the Commission. Respondent requests in camera treatment for the 

proposed trial exhibits for a period ofthree to five years, depending on the document type. 

Respondent's Third Motion for In Camera Treatment is GRANTED. 

In camera treatment for a period ofthree years, expiring on June 1,2012, wil be 

extended to the documents for which Respondent requests in camera treatment of that duration, 

in accordance with Section II of 
 this Order. 

In camera treatment for a period of 
 five years, expiring on June 1, 2014, wil be extended

that duration, in 

accordance with Section II of this Order. 

to the documents forwhich Respondent requests in camera treatment of 


B. 

Respondent's Fourth Motion seeks in camera treatment for three exhibits which it states 

were inadvertently not included in Respondent's prior motions seeking in camera treatment for 

certain trial exhibits. Respondent supports its motion with a Declaration from Michael Shor, 

Special Counsel for Polypore. Shor describes the documents for which in camera treatment is 

sought and declares that each document contains sensitive and confidential information, the 

disclosure of which would seriously injure Respondent. Shor further declares that each 

document has been maintained internally by Respondent in a confidential manner, shared only 

with those individuals requiring the information contained therein. 

Respondent's Fourth Motion for In Camera Treatment is GRANTED. 

In camera treatment for a period of 
 five years, expiring on June 1,2014, wil be extended 

to the documents for which Respondent requests in camera treatment of that duration, in 

accordance with Section II ofthis Order.
 

2
 
III. 

Orders have previously issued on Respondent's First and Second Motions for In Camera 

Treatment. Respondent shall prepare a proposed order, with a signature line for the 

Administrative Law Judge, that lists by exhibit number the documents that have been granted in 

camera treatment by this and previous orders on Respondent's motions for in camera treatment 

and that sets forth the expiration date of in camera treatment for each exhibit. 

ORDERED: -J: ~ c/~

D. Michael Chappell 

Chief Administrative Law Judge 

Date: July 7, 2009 

3