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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT1 

) 

RESPONDENT'S FIFTH MOTION FOR IN CAMERA TREATMENT 

OF CERTAIN TRIAL EXHIBITS 

On October 15, 2009, the Honorable D. Michael Chappell entered an Order Granting 

Respondent's Second Motion to Reopen the Hearing Record and Setting Hearing Schedule 

("Order"). Pursuant to the Order, the hearing record was reopened for the reception of evidence
 

limited to four factual propositions as set forth in the Order. 

In Respondent's Fifth Motion for In Camera Treatment of Certain Trial Exhibits ("Fifth 

Motion"), and pursuant to Rule 3.45(b) of the Federal Trade Commission Rules of Practice, 16 

CFR. § 3.45(b), and the Order, Respondent Polypore International, Inc. ("Polypore"), by and 

through counsel, seeks in camera treatment for certain proposed trial exhibits containing 

confidential information. These proposed trial exhibits are highly sensitive and proprietary in 

nature. Public disclosure of 
 the information contained in such exhibits would divulge Polypore's 

most sensitive and confidential information to competitors and/or customers, and would cause 

irreparable harm and serious injury to Polypore. Accordingly, Polypore respectfully requests an 

order requiring that these materials be used at the hearing only in camera and that they be 

maintained under seaL. 

i This Motion refers to and contains information subject to Respondent's Fifth Motion for In Camera Treatment of 

Certain Trial Exhibits pursuant to Rule 3.45(b) of the FTC's Rules of Practice. Such information has been redacted and labeled
 

"f )" in the public version of 
 this Motion. 

PPAB 1623557vI 

"l T' 
The specific pages and documents which have been identified by Polypore, after a 

thorough review of the proposed exhibit lists submitted by Complaint Counsel and Polypore in 

relation to the hearing for the reopened Record, fall within the Commission's strict standards for 

in camera treatment as set forth in Judge Chappell's April 27, 2009 Order on Respondent's 

Motion for In Camera Treatment and the opinions of this Commission.2 Each exhibit identified 

by Polypore contains sensitive information that is "sufficiently secret and sufficiently material to 

(Polypore's) business that disclosure would result in serious competitive injury" and, even when 

balanced against the "importance of the information in explaining the rationale of Commission 

decisions" warrants in camera treatment. General Foods Corp., 95 FTC 352 (1980). The 

exhibits at issue in this Fifth Motion are listed in the index attached hereto as Exhibit A. For 

ease of reference, Polypore has grouped the exhibits identified in Exhibit A into the following 

categories: 

1. Category 1 - Business Plans & Strategies 

2. Category 2 - Contract Negotiations & Customer Contracts 

3. Category 3 - Customer-Specific Documents 

4. Category 4 - Costing Data
 

5. Category 5 - Sales & Financial Information
 

The grounds for this Fifth Motion are set forth herein, and this Fifth Motion is fully 

supported by the sworn Fifth Declaration of Michael Shor ("Shor Decl.") attached hereto as 

Exhibit B and which individually analyzes each proposed trial exhibit listed on Exhibit A. The 

documents themselves are being provided in electronic form as Exhibit C to Polypore's Fifth 

Motion for In Camera Treatment of Certain Trial Exhibits. 

2 See In re Dura Lube Corp., 1999 FTC LEXIS 255 (Dec. 231999); In re Hoechst Marion Roussel, Inc., 2000 FTC 

LEXIS 157 (Nov. 22, 2000) and 2000 FTC LEXIS 138 (Sept. 19,2000); and In re Basic Research, Inc., 2006 FTC LEXIS 14 

(Jan. 25, 2006). 

2 

PPAB 1623557vl 

.. 
Introduction 

As Respondent wil demonstrate herein and in the supporting Fifth Declaration of 

Michael Shor, the public disclosure of the exhibits identified in Exhibit A hereto, wil likely 

result in a clearly defined, serious injury to Respondent, thus justifying in camera treatment 

under the standard articulated by the Commission in In re Dura Lube Corp., 1999 FTC LEXIS 

255 (Dec. 23 1999); In re Hoechst Marion Roussel, Inc., 2000 FTC LEXIS 157 (Nov. 22, 2000) 

and 2000 FTC LEXIS 138 (Sept. 19,2000); and In re Basic Research, Inc., 2006 FTC LEXIS 14 

(Jan. 25, 2006). 

The exhibits identified in Exhibit A contain confidential information that is paramount to 

Polypore's business, competitiveness, and profitability. Indeed, revealing such information
 

would, among other things: (1) allow Polypore's competitors to gain a commercial advantage 

through knowledge of Polypore's pricing strategies, production capacities, and contract 

negotiations; and (2) give Polypore's customers a tactical advantage in curent and future 

negotiations with Polypore. At the very least, disclosure of the information Polypore seeks to 

protect would deprive Polypore of its current bargaining position with customers; at worst, 

competitors would be allowed unfettered access to Respondent's confidential and sensitive 

documents which wil inevitably create a less competitive marketplace and harm competition. 

Continued confidentiality of 
 these documents is key to maintaining Polypore's ability to develop, 

market, and sell its products in this competitive market dominated by powerful buyers. 

Argument 

Pursuant to Commission Rule 3 .45(b), the Administrative Law Judge may order material, 

or portions thereof, offered into evidence. . . to be placed in camera on a finding that their public 

disclosure wil likely result "in a clearly defined, serious injury to the . . corporation requesting 

3 

PPAB 1623557vl 
in camera treatment." 16 C F R. § 3.45 (b) 
 ( emphasis added). Establishing that a "serious injury" 

would ensue with disclosure requires a demonstration that serious and irreparable harm wil 

result from the Court's publication of the confidential documents. Meeting such a standard 

requires Respondent to make a clear showing that the information concerned is "sufficiently 

secret and suffciently material to (Respondent's) business that disclosure would result in serious 

competitive injury." See Bristol-Myers Co., 90 FTC 455 (1977); General Foods Corp., 95 FTC 

352 (1980). 

In Bristol-Myers, 90 FTC 455 (1977), the Commission outlined six factors to be weighed 

when determining materiality and secrecy: (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 value of the information to the
 

applicant and its competitors; (5) the amount of effort or money expended by the applicant in 

developing the information; and (6) the ease or diffculty with which the information could be 

properly acquired or duplicated by others. Additionally, the Commission has expounded on the 

definition of "serious injury," stating "(t)he likely loss of business advantages is a good example 

ofa clearly defined, serious injur." Hoechst Marion Roussel, Inc., 2000 FTC LEXIS 138 (Sept. 

19,2000). 

As set forth below and in the Fifth Declaration of Michael Shor, the proposed trial 

exhibits listed in Exhibit A, and grouped by the previously identified five categories, contain 

information suffciently secret, and sufficiently material to Polypore's business, that disclosure 

would constitute a serious competitive injur under the Bristol-Myers factors and prevailing
 

Commission law. 

4 

PPAB 1623557vI 

"l .. - -r 
i. IN CAMERA TREATMENT is WARRNTED FOR THE FOLLOWING
 

PROPOSED TRIAL EXHIBITS 

A. Category One - Business Plans & Strategies
 

Because of the competitive sensitivity of Polypore's strategic planning, Polypore asks 

this Court to grant in camera treatment for the Category 1 documents. (Shor Dee!, ~ 11). Each 

of these documents contains information about Polypore's current and future business. Access to 

this information would enable Polypore's competitors to understand Polypore's strategies, 

strengths and weaknesses in the market, its future plans t 

J. (Shor Dee!, ~ 11). Their publication would
 

put Polypore at a competitive disadvantage and cause injury to Polypore. (Shor Dee!, ~~ 6, 9, 

11, 17, 18).
 

Polypore keeps this information strictly confidential, and it is not available from any 

other source outside the company. (Shor Dee!, ~~ 7, 11, 16). Circulation of these documents 

within Polypore is very limited. (Shor Dee!, ~~ 7, 11, 16). Much time and money is devoted to 

compiling this information. Given the importance of this information to Polypore's current 

operations and competitive positions, Polypore requests that these documents be afforded in 

camera protection for a period ofthree (3) years from the date of this motion. 

B. Category Two - Contract Negotiations & Customer Contracts
 

The contracts between Polypore and its customers are often the result of intense 

negotiations in which internal costing, production capacity and pricing are key components. 

These negotiations are conducted in secret, often over a period of several months. The 

documents in Category 2 contain t 

J. (Shor
 

Dee!, ~ 6, 9, 12, 17, 18). Disclosing this information could cause serious injur to Polypore both 

5 

PPAB 1623557vl 
immediately and II future negotiations. (Shor Dee!, ~~ 12). Indeed, it is possible that 

t 

J. Similarly, t 

J. 

Additionally, Polypore's competitors would have the potential to gain access to this information, 

which they could use in their own negotiations. (Shor Dee!, ~~ 12). 

Because of the sensitivity of pricing and other relevant terms contained in supply 

agreements, only the paries involved (i.e., Polypore and that particular customer) are privy to the 

information. (Shor Dee!, ~~ 7, 12, 16). Polypore does not disclose this information to other 

customers. Id. Moreover, the general public would not be able to obtain this information 

elsewhere. Id. Even access to such information within Polypore is limited. Id. Therefore, 

Polypore requests that these documents be afforded in camera protection for a period of five (5) 

years from the date of this motion. 

Additionally, Respondent's Counsel has determined that several exhibits identified by 

Complaint Counsel on its Proposed Exhibit List, which were produced by Exide Technologies 

("Exide") directly to Complaint Counsel, are duplicates of exhibits produced by Respondent and 

included on Respondent's Proposed Exhibit List ("Exide Duplicates"). The Exide Duplicates are 

set forth below: 

Respondent's Proposed Exhibit Duplicate Exide-Produced 

Exhibit Included on Complaint 

Counsel's Proposed Exhibit List 

RXO 1679 PX5033 

RX01683 PX5025 

RXO 1685 PX5026 

RXO 1693 PX5035 

6 

PPAB 1623557vl 
RXO 1705 PX5036 

RXOI713 PX5007 

RX01714 PX5028 

RX01718 PX5027 

RXO 1720 PX2050 

The Exide Duplicates are exhibits containing t 

J. The Exide Duplicates
 

contain competitively sensitive business information t 

J. Should Polypore's
 

competitors and/or customers gain access to this information, they could use it to their advantage 

in their own negotiations. Polypore anticipates that Exide wil include the Exide Duplicates in its 

own motion for in camera treatment, and such exhibits have not been reviewed by Michael Shor 

or individually analyzed and summarized in the supporting declaration of Michael Shor attached 

hereto as Exhibit B. However, to the extent that Exide does not move for in camera treatment 

on all of the Exide Duplicates, Polypore respectfully requests that any such duplicate exhibit 

which was produced by Exide and included on Complaint Counsel's Proposed Exhibit List, be 

granted in camera treatment for the reasons stated herein and for the individual reasons set forth 

in the supporting declaration of Michael Shor, which individually analyzes Respondent's version 

of each of 
 the Exide Duplicate exhibits.3 Polypore requests that the Exide Duplicates be afforded 

in camera protection for a period of five (5) years from the date of this motion. 

3 Additionally, Complaint Counsel's Proposed Exhibit List includes five (5) exhibits, which were produced by Exide, 

but are not included on Respondent's Proposed Exhibit List. These exhibits - PX5001, PX5003, PX501 7, PX5020, and PX502 i ­

are also exhibits containing f 

7 

PPAB 1623557vl 

.. 
C. Category Three - Customer-Specific Documents
 

Given Polypore's presence in a market dominated by large, sophisticated customers, it is 

not surprising that Polypore possesses a large number of customer-specific documents. The 

documents in Category 3 contain, among other things, customer contract terms, customer 

requests, customer proposals, and other customer analysis. (Shor Dee!, ~ 13). Part of 
 Polyp ore's 

success is attributable to its decades of work aimed at building solid customer and strategic 

relationships. (Shor Dee!, ~ 13). Many of 
 the documents in Category 3 were created in order to 

service customers and are highly confidential to Polypore's ongoing business. (Shor Dee!, ~ 13). 

If competitors were privy to the inner workings of these long-established relationships, it would 

give them an unfair advantage in trying to attract new (i.e., Polypore's) customers. (Shor Dee!, 

~ 13). To reveal the strengths and weaknesses of Polyp ore's relationship with specific customers 

to all of Polypore's competitors would allow Polypore's competitors to know exactly where to 

attack Polypore - a most unfair advantage. (Shor Dee!, ~ 6, 9, 13, 17, 18). 

Polypore keeps customer-specific information strictly confidential, and it is not available 

from any other source outside the company. Circulation of these documents within Polypore is 

very limited. (Shor Dee!, ~~ 7, 13, 16). 

The protection of these documents is essential to Polypore's success. Because of the 

fundamental importance of such documents to the competitiveness of Polypore, Polypore 

requests that these documents be granted in camera treatment for a period of 
 three (3) years from 

the date of this motion. 

), and 

therefore warant in camera treatment. Pursuant to Commission Rule 3.45(b) and the Protective Order Governing Discovery
 

Material entered in this proceeding on October 23, 2008, however, Exide has the burden of seeking in camera treatment of the 

documents it produced directly to Complaint Counsel and which are included on Complaint Counsel's Proposed Exhibit List. 

Polypore anticipates that Exide wil include PX5001, PX5003, PX501 7, PX5020, and PX5021 in its own motion for in camera 

treatment. To the extent that Exide does not include PX5001, PX5003, PX5017, PX5020, or PX5021 in its own motion for in 

camera treatment, Respondent respectfully requests that the Administrative Law Judge make a provisional grant of in camera 

status to PX5001, PX5003, PX5017, PX5020, or PX5021 pursuant to Commission Rule 3.45(g) in order to allow Respondent to 

move for in camera treatment of such exhibits. 

8 

PPAB 1623557vl 
D. Category Four - Costing Data
 

This category of documents pertains specifically to the cost structure of Polypore's 

products, which is a critical aspect of Polypore's business. The documents in Category 4 are 

highly valued and protected. (Shor Dee!, ~ 14). Disclosure of such documents would expose 

Polypore's costs and margins, which competitors have no way of 
 independently knowing. (Shor 

Dee!, ~14). The information contained in these documents is invaluable to a competitor and 

would provide a roadmap as to the needs and buying patterns of customers. (Shor Dee!, ~ 6, 9, 

14,17,18). 

The cost-structure documents, which are kept strictly confidential by Polypore, represent 

considerable work product and it would be unfair for it to be released to those who could use it to 

their advantage against Polypore. (Shor Dee!, ~~ 7, 14, 16). For these reasons, Polypore
 

requests that these documents be granted in camera treatment for a period of three (3) years from 

the date of this motion. 

E. Category Five - Sales and Financial Information
 

This category of documents pertains specifically to sales data and analyses which have 

been accumulated over time through substantial efforts by Polypore, and to financial information 

about Polypore's assets and liabilities, both of which are critical aspects of Polypore's business. 

(Shor Dee!, ~ 15). The documents in Category 5 are highly valued and protected. (Shor Dee!, ~ 

15). Disclosure of such documents would expose Polypore's sales policies and strategies and/or 

enable competitors to construct an accurate financial model of Polyp ore's business. (Shor Dee!, 

~ 15). The publication of these documents would put Polypore at a competitive disadvantage and 

cause injury to Polypore. (Shor Dee!, ~~ 6, 9, 15, 17, 18). Many of these documents reflect
 

sales strategies, discounts, income/expense data, financial review, budgets and forecasts. (Shor 

Dee!, ~ 15). 

9 

PPAB 1623557vI 
These documents, which are kept strictly confidential by Polypore, represent considerable 

work product and it would be unfair for it to be released to those who could use it to their 

advantage against Polypore. (Shor Dee!, ~~ 7, 15, 18). For these reasons, Polypore requests that 

these documents be granted in camera treatment for a period of five (5) years from the date of 

this motion. 

II. IN CAMERA TREATMENT is ALSO WARRNTED FOR POSSIBLE TRIAL
 

TESTIMONY BY POL YPORE'S WITNESSES 

Both Respondent and Complaint Counsel have designated Polypore employees as 

potential trial witnesses. Polypore's employees wil likely be questioned about the topics 

covered by this motion. Testimony on all of these topics could result in the disclosure of the 

same information contained in the documents described above and in the supporting declaration 

of Michael Shor. Thus, Polypore also requests that any trial testimony, either upon direct 

examination or cross examination by either party on any of these topics, be subject to in camera 

treatment for a period of three (3) to five (5) years from the date of this motion. 

Conclusion 

Polypore has for several decades driven itself to set the standard and meet the 

competition in the battery separator market. In doing so, Polypore has amassed many 

competitively sensitive and confidential documents, which, if disclosed, would result in a
 

"clearly defined, serious injur." Polypore has taken care to maintain the confidential nature of
 

these documents. Polypore has also spent significant time and resources developing its product 

line and developing relationships with its customers. This effort would be sacrificed should 

Polypore's confidential and proprietary information be disclosed during the course of this 

hearing. For the foregoing reasons and those articulated in the Fifth Declaration of Michael 

10 

PPAB 1623557vl 

-r 
Shor, Polypore respectfully requests that this Court grant in camera protection to all the 

proposed trial exhibits identified on Exhibit A and any trial testimony related to the topics 

covered by the proposed trial exhibits in Exhibit A. 

11 

PPAB 1623557vl 

.. 
Dated: November 4, 2009 Respectfully submitted, 

£_ W-/L ¡Bew
 

Wiliam L. Rikard, Jr. 

Eric D. Welsh 

PARKER POE ADAMS & BERNSTEIN, LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 335-9689 

wiliamrikard~parkerpoe.com 

ericwelsh~parkerpoe.com 

John F. Graybeal 

PARKER POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street
 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

johngraybeal~parkerpoe.com 

Attorneys for Respondent 

PPAB 1623557vl 

- .. "l .. .. 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of )
 

) Docket No. 9327
 

)


Polypore International, Inc. )
 

a corporation ) PUBLIC DOCUMENT
 

)
 

PROPOSED ORDER 

Upon consideration of Respondent's Fifth Motion for In Camera Treatment of Certain 

Trial Exhibits, any opposition thereto, any hearing thereon, and the entire record in this 

proceeding, 

IT is HEREBY ORDERED, that Respondent's Motion is GRANTED. 

IT is FURTHER ORDERED, that pursuant to Rule 3.45(b) of the Federal Trade 

Commission Rules of Practice, 16 C F R. § 3.45 (b), the proposed trial exhibits identified in the 

index attached as Exhibit A to the Motion, and any related trial testimony, shall be subject to the 

requested in camera treatment and wil be kept confidential and not placed on the public record 

of this proceeding. 

D. Michael Chappell 

Administrative Law Judge 

Date: 

PPAB 1623557vl 

- .. 
CERTIFICATE OF SERVICE 

I hereby certify that on November 4, 2009, I caused to be fied via hand delivery and 

electronic mail delivery an original and two copies of the foregoing Respondent's Fifh Motion 

for In Camera Treatment of Certain Trial Exhibits (Publici, and that the electronic copy is a 

true and correct copy of the paper original and that a paper copy with an original signature is 

being fied with:
 

Donald S. Clark, Secretary 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, Rm. H-135 

Washington, DC 20580 

secretary~ftc. gov 

I hereby certify that on November 4, 2009, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Respondent's Fifh 

Motion for In Camera Treatment of Certain Trial Exhibits (Publici upon: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oalj~ftc.gov 

I hereby certify that on November 4, 2009, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Respondent's Fifh Motion for In 

Camera Treatment of Certain Trial Exhibits (Publici upon: 

1. Robert Robertson, Esq. Steven Dah, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson~ftc.gov 

2~d~;¡~

Brian R. Weyhric 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9050 

Facsimile: (704) 334-4706 

PPAB 1623557vl 
EXHIBIT A
 

PUBLIC
 

ATTACHMENT TO RESPONDENT'S FIFTH MOTION FOR
 

IN CAMERA TREATMENT OF CERTAIN TRIAL EXHIBITS
 

POL YPORE INTERNATIONAL, INC.
 

A CORPORATION
 

DOCKET NO. 9327
 

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EXHIBIT B
 

PUBLIC
 

ATTACHMENT TO RESPONDENT'S FIFTH MOTION FOR
 

IN CAMERA TREATMENT OF CERTAIN TRIAL EXHIBITS
 

POL YPORE INTERNATIONAL, INC.
 

A CORPORATION
 

DOCKET NO. 9327
 

.. 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT1 

) 

FIFTH DECLARATION OF MICHAEL L. SHOR 

I, Michael Shor, being duly sworn and based upon my personal knowledge, declare and 

state as follows: 

1. I am Special Counsel of Respondent Polypore International, Inc. ("Polypore"),
 

2, I am familiar with the documents of Polypore and the level of confidentiality associated
 

with the subject matter therein. 

3, I submit this declaration in support of Polypore's Fifth Motion for In Camera Treatment
 

of Certain Trial Exhibits, requesting in camera treatment of certain documents, identified 

by Complaint Counsel and/or Polypore as potential trial exhibits at the hearing for the 

reopened Record in this matter. 

4, A small number of agents acting at my direction assisted me in multiple reviews of each 

of the proposed trial exhibits appearing on Exhibit A of Polypore's Fifth Motion for In 

Camera Treatment of Certain Trial Exhibits. These comprehensive reviews were
 

conducted for the purpose of determining which proposed trial exhibits contain 

1 This Declaration refers to and contains information subject to Respondent's Fifth Motion for In Camera Treatment of 

Certain Trial Exhibits pursuant to Rule 3.45(b) of the FTC's Rules of Practice. Such information has been redacted and labeled 

"f )" in the public version of this Declaration. 

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confidential information, the public disclosure of which would cause a clearly defined, 

serious injury to Polypore, I conducted a final careful review of each and every proposed 

trial exhibit produced by Polypore in order to ensure that Polypore sought in camera 

treatment only for exhibits that met the Commission's strict standards for in camera 

treatment. Proposed trial exhibits satisfying the Commission's strict standards are 

identified in Exhibit A of Polypore's Fifth Motion for In Camera Treatment of Certain 

Trial Exhibits and are individually described herein. 

5, I am personally informed of the content of the individual documents and groups of
 

documents that were reviewed, and the specific basis upon which Polypore is moving for 

in camera treatment of such documents, 

6. Each of 	 the proposed trial exhibits identified in Exhibit A of Polyp ore's Fifth Motion for 

In Camera Treatment of Certain Trial Exhibits, and individually described herein, 

contains sensitive and confidential material and/or information that would result in 

competitive injur to Polypore should it be made public,
 

7. Each document identified by Polypore as requiring in camera treatment has been 

maintained internally by Polypore in a confidential manner, only being shared with those 

individuals requiring the knowledge contained within the documents. 

8. Exhibit A to Polypore's Fifth Motion for In Camera Treatment of Certain Trial Exhibits 

is an index which lists each document for which Polypore seeks in camera treatment. 

This index contains the exhibit designation (i. e., "RX" or "PX"), the exhibit number, a 

description of the exhibit, the date of the exhibit, the individual pages (if applicable)
 

PPAB 1623558vl 

.. 
requiring in camera treatment, the categorical reason for seeking in camera treatment,
 

and the length of time for which in camera treatment is sought. 

9. The proposed trial exhibits identified in Polypore's Fifth Motion for In Camera 

Treatment of Certain Trial Exhibits contain highly sensitive information including, but 

not limited to, trade secrets, financial information, and various types of commercial data. 

The public disclosure of any of this critically sensitive information would be highly 

detrimental to Polypore as it would provide both Polypore's customers and its 

competitors with a road-map of Polypore's technology, strategies, pricing and customer 

relationships and result in a clearly defined, serious injury to Polypore, Each proposed 

trial exhibit is individually reviewed in turn below, and for convenience's sake, organized 

by the following categories: 

(a) Category 1 - Business Plans & Strategies
 

(b) Category 2 - Contract Negotiations & Customer Contracts
 

(c) Category 3 - Customer-Specific Documents
 

(d) Category 4 - Costing Data
 

(e) Category 5 - Sales & Financial Information
 

10. Also for convenience sake, the subject documents are also summarized in the index
 

attached as Exhibit A to Respondent's Fifth Motion for In Camera Treatment of Certain \ 

Trial Exhibits, 

CATEGORY ONE - BUSINESS PLANS & STRATEGIES 

11. As explained in Polypore's Fifth Motion for In Camera Treatment of Certain Trial 

Exhibits (see Section 1. A.), documents containing information relevant to Polypore's 

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.. 
strategic corporate planning represent Polypore's corporate vision for the foreseeable 

future concerning t J.
 

Polypore executives, senior managers and consultants often generate corporate strategy 

documents such as Board Reports, PowerPoint presentations, spreadsheets, quarerly 

financial reports, and other similar plans and strategies. These documents are the 

foundation of Polypore's corporate strategy and Polypore treats these documents as 

highly confidentiaL. The strategic information contained in these documents is not 

available outside of Polypore. Within Polypore, circulation of these documents is limited 

to executives and senior managers. Public dissemination of these documents would 

enable Polypore's competitors to either develop counter strategies or mimic Polypore's 

successful business methods, Disclosure would cause serious and irreparable har to
 

Polypore resulting in a serious loss of business advantage, Unless otherwise stated
 

below, Polypore believes documents in this category should be granted in camera
 

treatment for a period of three (3) years from the date of 
 Respondent's Fifth Motion. 

(a) t 

(b) 

(c) 

PPAB 1623558vI 
(d) 

(e) 

(f) 

J 

CATEGORY TWO - CONTRACT NEGOTIATIONS & CUSTOMER CONTRACTS 

12, As explained in Polypore's Fifth Motion for In Camera Treatment of Certain Trial 

Exhibits (see Section 1. B.), contract negotiation documents contain information related to 

t 

J. Disclosure of the negotiations between Polypore and its
 

PPAB 1623558vl 

.. 
customers would cause serious and irreparable harm to Polypore in its relationships with 

its customers and future negotiations. Additionally, should Polypore's competitors gain 

access to this information, they could use it to their advantage in their own customer 

negotiations. Thus, disclosure of this information would result in a serious loss of 

business advantage by Polypore, Polypore treats these documents as highly confidentiaL. 

Because of the sensitivity of t 

L only the parties involved (i.e, Polypore and that particular customer) are 

privy to the information. Polypore does not disclose this information to other customers. 

Moreover, the general public would not be able to obtain this information elsewhere, 

Even access to such information within Polypore is limited. Unless otherwise stated 

below, Polypore believes documents in this category should be granted in camera
 

treatment for a period of five (5) years from the date of 
 Respondent's Fifth Motion. 

(a) t 

(b) 

(c) 

PPAB 1623558vl 

.. - .. 
(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

G) 

PPAB 1623558vl 
(k) 

(1) 

(m) 

(n) 

(0) 

(p) 

PPAB 1623558vI 

"l .. 
(q) 

(r) 

(s) 

(t) 

(u) 

(v) 

PPAB 1623558vl 

"l .. 
(w) 

(x) 

(y) 

(z) 

(aa) 

(bb) 

PPAB 1623558vl 

- .. 
(cc) 

(dd) 

(ee) 

(ft) 

(gg) 

(hh) 

(ii) 

PPAB 1623558vI 

.. ..
 
OJ) 

J 

CATEGORY THREE - CUSTOMER-SPECIFIC DOCUMENTS 

13. As explained in Polypore's Fifth Motion for In Camera Treatment of Certain Trial 

Exhibits (see Section 1. C.), documents related to Polypore's customer base, including 

data regarding t J of specific customers are critical to Polypore's 

profitability and competitiveness. These documents are customer-specific and essential 

to Polypore's maintaining its hard-earned position in the battery separator market.
 

Publication of these documents would allow Polypore's competition free access to 

Polypore's confidential relationships, which were created through many years of effort. 

The amount of effort and cost that is invested to analyze and formulate relationships with 

customers is lengthy and expensive. Disclosure would cause serious and irreparable 

har to Polypore resulting in a serious loss of business advantage. Polypore treats these 

documents as highly confidentiaL. Because of the sensitivity this information, only the 

parties involved (i.e, Polypore and that particular customer) are privy to the information. 

Polypore does not disclose this information to other customers. Unless otherwise stated 

PPAB 1623558vl 

"l 
below, Polypore believes documents in this category should be granted in camera
 

treatment for a period of three (3) years from the date of 
 Respondent's Fifth Motion. 

(a) t 

(b) 

(c) 

(d) 

(e) 

(t) 

PPAB 1623558vI 

..- 1 -r 
(g) 

(h) 

(i) 

J 

CATEGORY FOUR - COSTING DATA 

14. As explained in Polypore's Fifth Motion for In Camera Treatment of Certain Trial 

Exhibits (see Section 1. D.), Polypore's internal cost information is closely held by 

Polypore and would be extremely difficult for competitors to duplicate. While 

competitors may have an understanding of their own costs and margins, they have no 

way of independently determining Polypore's cost structure, Disclosure would cause 

serious and irreparable harm to Polypore resulting in a serious loss of 
 business advantage, 

Polypore treats these documents as highly confidential; they are held in confidence both 

internally, limiting access to the information to only those who need it to complete a 

paricular task, and externally from competitors. Unless otherwise stated below,
 

Polypore believes documents in this category should be granted in camera treatment for a 

period of three (3) years from the date of 
 Respondent's Fifth Motion. 

PPAB 1623558vI 

~ ~ .. 
(a) t
 

J 

CATEGORY FIVE - SALES & FINANCIAL INFORMATION 

15. As explained in Polypore's Fifth Motion for In Camera Treatment of Certain Trial 

Exhibits (see Section 1. E.), several documents contain highly confidential financial 

information about Polypore's assets and liabilities, This information is extremely 

sensitive as its release may enable competitors to construct an accurate financial model of 

Polypore's business, to its detriment. Moreover, disclosure of such documents would 

expose Polypore's sales policies and strategies. Often the sales data has been 

accumulated over time through the substantial efforts of Polypore. As such, it is 

appropriate to protect Polypore from companies unfairly using this information to gain a 

competitive advantage. Polypore treats these documents as highly confidential and this 

information is not available from any other source outside the company. Disclosure 

would cause serious and irreparable har to Polypore resulting in a serious loss of 

business advantage. Unless otherwise stated below, Polypore believes documents in this 

category should be granted in camera treatment for a period of five (5) years from the 

date of Respondent's Fifth Motion. 

(a) f 

(b) 

PPAB 1623558vl 

'I i. 
(c) 

J 

16. Prior to this administrative proceeding, the information contained in the proposed trial
 

exhibits identified by Polypore for in camera treatment has been revealed only to 

appropriate Polypore personnel and any contracting parties to the paricular documents, 

General Polypore employees do not have access to the documents containing in camera 

materiaL. Such information is not in the public domain and cannot be obtained through 

other means, 

17. Polypore's business relies on the sales of its products through customer interactions and
 

the information contained in many of these documents is critical to maintaining and 

fostering these business relationships. Therefore, the confidential information contained 

in such documents is vital to the future viabilty of Polypore's business. If this 

information were revealed, it could be used by either Polypore's competitors or its 

customers to their distinct advantage, 

18, As such, the proposed trial exhibits at issue in Polypore's Fifth Motion for In Camera 

Treatment of Certain Trial Exhibits, and identified in Exhibit A thereto, are sensitive 

material to Polypore's business, competitiveness, and profitability, Disclosure of the 

information contained in these proposed trial exhibits wil result in the loss of business 

advantages by Polypore and wil cause Polypore serious irreparable injury. 

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Furer Declarant sayeth not.
 

I declare, under penalty ofperjur, that the above statements are true and correct. 

Sworn to November .2,2009, 

STATE OF 
 NORTH CAROLmA
 

COUNTY OF MECKLENBURG
 

I, ~"IArlAI2A AfUNN~Iêyl u' a Notar Public of b-t:sto I\
 

County, State of 
 North Carolina, do herei ceiiify that MICHAL L. SHOR personally appeared 

before me this day and acknowledged the execution of 
 the forgoing instrument. 

Witness my hand and seal, this~ay of 
 November, 2009, 

0tVa1a_il~

Nota Public . - a
 

My Commission Expires: 

~/;;°lll I 

(NOTARY SEAL) 

lL",i'l""'""" 

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PPAB 1621 167vI 

i; 
EXHIBIT C
 

PUBLIC
 

ATTACHMENT TO RESPONDENT'S FIFTH MOTION FOR
 

IN CAMERA TREATMENT OF CERTAIN TRIAL EXHIBITS 

POL YPORE INTERNATIONAL, INC.
 

A CORPORATION
 

DOCKET NO. 9327
 

~ 1 - -, ~

" 

d? 

Parker Poe 

Docket No, 9327
 

CD~ 

Respondent's Exhibit C to Fifth Motion for In Camera Treatment of Certain Trial Exhibits 

\ 

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