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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

"/~~;;:;~~'~"':d","::O,,~?V~/'r::f~:;"',,, 

In the Matter of Docket No. 9327 l:;fv il~#;;'Uy.~ ~ iat,\\, ) ~ Ji:\~'1 3 2UÙ2 /i

) 

) 

)

\,~ 63l¡l1'r. /l


""~ sErRFf(i\'.'i" _,. 4­ ~~ 

Polypore International, Inc. )


a corporation ) PUBLIC DOCUMENT
 

)
 

MEMORANDUM IN SUPPORT OF RESPONDENT'S MOTION TO COMPEL EXIDE
 

TECHNOLOGIES TO PRODUCE DOCUMENTS REQUESTED
 

BY SUBPOENA DUCES TECUM
 

Respondent Polypore International, Inc. ("Polypore") respectfully submits this 

memorandum in support of its Motion to Compel Exide Technologies ("Exide") to Produce 

Documents Requested by Subpoena Duces Tecum, as amended by agreement between Polypore 

and Exide, in accordance with Commission Rule § 3.38(a)(2). 

FACTUAL BACKGROUND 

Respondent served a subpoena duces tecum on Exide on November 10, 2008 (hereinafter 

"the Subpoena"). (Tab A). The Subpoena originated in an adjudicatory proceeding currently 

pending before the Federal Trade Commission ("Commission" or "FTC") in which Polypore is 

alleged to have violated Section 5 of the Federal Trade Commission Act, 15 D.S.C. § 45, and 

Section 7 of the Clayton Act, 15 D.S.C. § 45, by its acquisition of Microporous Products L.P. 

("Microporous"). The Subpoena was one of several subpoenas duces tecum issued by the 

Commission's Administrative Law Judge, on behalf of Respondent, and directed to participants 

in the battery separator industry - including both manufacturers of batteries and separators. 

Materials responsive to the Subpoena were to be produced for inspection on November 25,2008. 

Counsel for Respondent and counsel for Exide were in communication about the
 

Subpoena soon after its service. (See generally January 7, 2009 e-mail of Eric D. Welsh, 

PPAB 1521725vl 
Esq.)(Tab B). Exide did not file any motions or objections with this Cour in response to the 

Subpoena. Since the Subpoena was first served, however, counsel for Respondent attempted to 

negotiate in good faith with counsel for Exide in order to discuss and resolve any concerns Exide 

had concerning its compliance with the Subpoena. (See e-mail correspondence of 
 November 20, 

2008, November 26, 2008, December 4, 2008, December 22, 2008, and January 5, 2009)(Tab C). 

In fact, Counsel for Respondent and counsel for Exide have had numerous telephone
 

conferences, including on November 18, 2008, November 25, 2008 and January 5, 2009, and 

have exchanged numerous e-mails in an attempt to move towards the production of the requested 

documents. ¡d. Moreover, Respondent agreed to several modifications of the Subpoena in order 

to allow Exide to begin the production of documents as soon as possible. ¡d. It was the belief of 

Respondent's counsel that Exide was to have produced all documents sought by the Subpoena no 

later than the week of January 5, 2009. See January 7,2009 e-mail of 
 Eric D. Welsh, Esq.)(Tab 

B). As of the date of this filing, however, Respondent has received only six pages of documents 

from Exide - which were produced on January 9, 2009. Thus, even though Exide reached an
 

agreement with Respondent on December 4, 2008 which addressed and resolved all discovery 

issues and disputes raised in connection with the Subpoena, only six documents sought by 

Respondent's Subpoena - which are necessary for Respondent to adequately defend itself in this 

proceeding - have been produced. Additionally, while Exide's counsel has represented that 

Exide's documents have been gathered and are being reviewed by a vendor in California and by 

counsel in Pennsylvania for privilege, Exide's counsel has been unable to provide any 

commitment as to when Exide would complete its production of documents requested by the 

Subpoena. (See January 7, 2009 e-mail from Eric D. Welsh, Esq.)(Tab B). 

Significantly, Respondent has served five subpoenas ad testifcandum on the following 

individuals and entities: (a) Mr. Pradeep Menon (Exide's Vice President of Global
 

2 

PPAB 1521725vl 
Procurement), (b) Mr. Douglas Gilespie (Exide's Vice President of Global Procurement), (c) 

Mr. Alberto Perez (Exide's Director of Commodities), (d) Mr. Gordon Ulsh (Exide's President 

and Chief Executive Officer), and (e) Exide Technologies (Tab D). The depositions were 

originally noticed for January 14-16, 2009. By agreement, Respondent and Exide have rescheduled the depositions for January 21-23,2009. Consequently, it is of 
 paramount importance 

that the documents requested by Respondent's Subpoena be produced immediately in order to 

allow Respondent to properly review and analyze such documents in preparation for the noticed 

deposition examinations. 

Despite the efforts of Respondent's counsel, Exide has continued to delay and stall in its 

production efforts. Respondent cannot afford any further delay from Exide, as important
 

deadlines are approaching, including a discovery cut-off of February 13, 2009, and therefore 

Respondent is left with no option but to fie this motion. 

ARGUMENT 

Respondent seeks the immediate production of documents and electronic data responsive 

to its Subpoena. Respondent's Subpoena is tailored to seek documents pertinent to the issues 

raised by the FTC in the Complaint and to Polypore's defense. Under the FTC's Rules,
 

Respondent has the right to "obtain discovery to the extent that it may be reasonably expected to 

yield information relevant to the allegations in the complaint, to the proposed relief, or to the 

defenses of (the) respondent." 16 CF.R. § 3.31(c)(1). Moreover, "public interest requires that 

once a complaint issues. . . Commission counsel (and respondent's counsel when they put on 

their defense) be given the opportunity to develop those facts which are essential" to support or 

undermine the allegations in the pleadings. In re Gen. Foods., No. 9085 C, 1978 FTC LEXIS 

412 at *6 (April 18, 1978). The applicant for a subpoena need only show that the materials 

sought are generally or reasonably relevant. In re Kaiser Aluminum & Chem. Corp., 1976 FTC 

3 

PPAB 1521725vl 
LEXIS 68 at *4 (Nov. 12, 1976). In contrast, the subpoenaed party bears "(t)he burden of 

showing that the request(s) are uneasonable." In re Rambus, Inc., No. 9302,2002 FTC LEXIS 

90, at *9 (Nov. 18, 2002). Such a showing is a heavy burden, even when the subpoena is
 

directed at a non-party. In re Flowers Indus., Inc., No. 9148, 1982 FTC LEXIS 96 at * 15 (Mar. 

19, 1982).
 

The factual allegations of 
 the Commission's Complaint and the Respondent's defenses to 

the allegations contained therein make it clear that the information sought by Respondent's 

Subpoena is relevant. Exide does not challenge the relevance of the discovery. Indeed, Exide 

has agreed to produce documents and provide the requested information to Polypore. 

The discovery sought by the Subpoena is necessary and relevant. By way of example, 

Polypore needs information about Exide's purchasing and pricing data and the end-products for 

which Exide purchases battery separators (Subpoena Request Nos. 1-2, 4-6, 16, 18, 31-32) to 

rebut the FTC's allegation that Polypore has monopolized any alleged battery separator market 

and/or the FTC's allegation that Polypore's atquisition of Microporous led to higher prices. 

Polypore needs information about Exide's qualification and testing of products from 

Respondent's competitors (Subpoena Request Nos. 3-4, 23-25, 33-34) to rebut the FTC's
 

allegation that testing and capital requirements prevent entry into any relevant market. Polypore 

needs information about Exide qualification and testing of products from Microporous
 

(Subpoena Request Nos. 4, 12, 23-25) to rebut the FTC's allegation that Microporous was 

preparing to actively compete in the SLI and UPS battery separator markets, and was testing its 

products with customers. Polypore needs information about Exide's use of all types battery 

separator products - including products that are or may be competitive with lead acid battery 

separators (Subpoena Request Nos. 14-16, 19,27-29) to rebut the FTC's allegation that battery 

separators manufactured for a particular application canot be effectively used for other
 

4 

PPAB 1521725vl 
applications. And finally, Polypore needs information about Exide's dealings with other battery 

separator manufacturers (Subpoena Request Nos. 3-4,6, 11-16,21-22,26-30) to rebut the FTC's 

allegation that the acquisition of Microporous removes the only alternative sources of separator 

supply in several alleged battery separator markets. 

Clearly, the documents sought by Respondent are highly relevant to the issues raised in 

the pleadings and should be immediately produced. See In re Kaiser Aluminum & Chem. Corp., 

1976 FTC LEXIS 68, at *4 ("The practice of the Commission has been to uphold subpoenas 

duces tecum upon a showing . . that the requested information is generally relevant to the issues 

raised by the pleadings."). Moreover, Exide has already reached an agreement resolving all 

discovery disputes related to the Subpoena. Polypore's receipt and review of Exide's materials 

is necessary for its defense and any further delay or limitation on this review wil tilt the playing 

field heavily in favor of the FTC. 

Although Exide has resolved all discovery issues related to the production of documents 

pursuant to the Respondent's Subpoena, it has delayed its production, producing belatedly 

documents that were readily accessible, which had been previously provided to the FTC last 

July. Indeed, many of the documents sought by the Subpoena were no doubt previously
 

provided to the FTC as part of the thousands of document submitted by Exide in response to the 

FTC's subpoena during the investigation stage of the proceeding. Polypore needs Exide's 

production so that it can move forward efficiently with depositions of Exide's witnesses. 

Otherwise, Polypore wil be forced to proceed with the depositions without the benefit of Ex ide's

documents and wil then need to leave the depositions open, to be resumed after the production is 

complete. Given the current discovery schedule, such an outcome would be necessary, but 

ultimately not economical to Polypore due to the costs associated with traveling from North 

Carolina to Pennsylvania twice for these depositions. 

5 

PPAB 1521725vl 
CONCLUSION
 

For the foregoing reasons, Respondent Polypore respectfully moves this Cour to enter an 

order compellng Exide to immediately comply with Respondent's subpoena duces tecum, as
 

amended by agreement between Polypore and Exide. 

Dated: January 12,2009 Respectfully Submitted, 

Wiliam L. Rikard, Jr. l-~ wcEric 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 

williamrikard~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 

i ohngraybealrÐparkerpoe. com 

Attorneys for Respondent 

6 

PPAB 1521725vl 
CERTIFICATE OF SERVICE 

I hereby certify that on January 13, 2009, I caused to be fied via hand delivery and 

electronic mail delivery an original and two copies of 
 the foregoing Memorandum in Support of 

Respondent's Motion to Compel Exide Technologies to Produce Documents Requested by 

Subpoena Duces Tecum, 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 filed 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 January 12, 2009, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Memorandum in 

Support of Respondent's Motion to Compel Exide Technologies to Produce Documents
 

Requested by Subpoena Duces Tecum upon: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oali~ftc.gov 

I hereby certify that on January 12, 2009, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Memorandum in Support of 

Respondent's Motion to Compel Exide Technologies to Produce Documents Requested by 

Subpoena Duces Tecum upon: 

J. 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 sdahmrÐftc. gov 

Donald J. Russell, Esq.
 

Robbins, Russell, Englert, Orseck,
 

Untereiner & Sauber LLP
 

1801 K Street, N.W., Suite 411
 

Washington, i¿.C. 20006
 

drussellrÐro bbinsrussell. com
 

PPAB 1521725vl 
CLSL
 

Adam C. Shearer
 

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
 

8
 

PPAB 1521725vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327

) 

) 

)

Polypore International, Inc. ) 

a corporation ) PUBLIC DOCUMENT 

) 

TAB A 

f' 

, 

-4 

r 

SUBPOENA DUCES'TECUMIsSUED TO ExinE TECHNOLOGIES 

, '
 

ON BEHAiF OFPOLYPORE INTElmATIONAL, INC. . 

FTC DOCKET NO. 9327 

EXIDIT A
 

I. REQUESTS
 

. 1. All documents (including without limitation internal ertail or other writien.
 

communication .at Exide ).relating to arycommuncation between Exide and Polypore. tegarding . 

(a) any actual or potential contract for lead acid battery separators, (b) any actual or proposed.
 

change in Polypoteprices apd/or(c) any actual or potential increase or decrease in the volume of
 

lead acid batteiyseparators purchased from Polypore. .


. 2. All documents (inchiçling without Ümitation iiiternal email or other written
 

.' .
 , '


comruication at Exide) relating to any commUIcation between E:iide ard Miaroporous
 

regarding' (a) any actual or potential contract for leada6Id ,batiery separators, (b) actual or
 

proposed prfcing.. of lead add- d battery separators by Microporòus, . ( c) actual or. proposed
 

development and/or testing of lead acid. battery separators or (d) polypore. .
 . . , . .
 3.:.. All documents, (including with~ut- Ün;itationinternal email 0:1' other wrtten
 

communication at Exide) relatiig to any communication between Exide and ENTEK regårding 

proposed prices (b) actual or
 (a) any acítal or potential contract for i~ad acid battery separators, 


testing of . for lead acid battery separators by ENTEK, (c) actual or proposed development and/or 


.. lead acid battery separa.tors or (d) Polypote. ' 

. 4. All documents (including' without. limitation íntemaleQ1l)il or ather written
 

. commun~cation at 
 Exide) relating to any commUncation between Exiçle ,and any Third Pary' other 'than'.PolyPo~, MiCrøpòröus:ör.ENTEKregárdiig (a)'any':,acfUal or pòtential cO'ntract'for
 

lead a.cid' bi:ttei''separåtors:'t'(braetuator ,potential pncesförIeád:acid battery stpi;atols, (6)
 

a~tUal or. proposedde\ieloptrent:aid/0l. té~ting' -l i~ád acid'baftery sëpatators Of.( d) Polypore. .' I


. ,,: '5.:." ~ All".documentscøostitul:ng "or:refleçtiiig any actul orpot~otialcò.ntractor 

. .'
 agr~ement between, 
 Exide' and Polypore. for the manufacture and. siiie' byPolypoteto Exide. of

read ac.idbattery- s~paratO:rs:. ' " ,..' . í­

, '. 6.. . All docnt~nts ret1e~tingany:di$cussíon.or cönsidetationiijtèrnally.at E~de about
 

Exìde producIhg or mälufactlnglead':acid battery'sel'arators wljetherìn.response to:..P9IypOi.e's 

actua~. or po~entiaI 'acquisition of .Microporoui;; aiiyactualor' ppteiitial cliange . in price of lead
 

acid battery separators or otheIise. ' . . ' .. .
 

.7.,' :' All docwnentsd:ret~ting, to the"cöntr~lCt,enic~red-,into between Exide and Po1ypore 

for the purchase and sale~'6f:the Exide plantlöcatedin Corydon,.'Indiana (the "Corydon.:pIant"), 

including. Without.tmi4ttion~ dQcuments.cóncerningthe terms or payment under that contract .
 , ' 8~ All documents relating to the negotiation of the contract entered -into between 

'. E:xide and Polyp.ore for the purcliase:andt;ale.öfthe Corydonplart; inchiding whhdut Hmjt~tion', 

PPABI49S308yJ, . 
the terms of documents concemingtbe options discU'sseCl between' Polypore and ßxide for 


payment Under that contract. .' . ­

,9. All documents. 
 relating .10. any communicatipn. between Exide and..-lolypore 

concerning (a) the coÌitiactdbetween Polypore"aid Èxid,efor the purchase anclsale oftbe Cörydòn 

the time of
 plant, (b) the flnancialcondltiónand prospectivedbusIiw'ss 'of the Corydon piànt at 


sale, and/or (c) the.negQtiatiQnofthe çontracfentered into'between Exide and Polypo:re for the 

purchase and' sale of the Corydotl' plant, inc.1uding without. limitation, 'documents concernng the 

options for the terms of p;ayllentn:d~rthat 90l,tract.. '.. .
 

10. All doc:uerits.relating to: anyexpies.siQn of interest o.f ~r submission of ~nybid
 

. by any person' other thanPoiypore in thepurclii:e of the C~fydori plant. . . . .


11. ...All doc;uirënts ~oIistit~ting _or:refiectii:g.anydaètu~l or-potential-contract or
 

agreement between Exic,e and ENTEK for
 the '~manufacture' and' sale by' ENTÉ:k to Exide of lead

. acid batteryseparàtors. ' ., . . ,


. . 

12. All dacuments' constituting. or reflecting 'any',actual or potential 'contract or 

agreement betwee-n E~ide and Microporous for 
 the manufacture and sale by MictoPQrous to


Exide of lead acid battery sepRrators. . . . . . . .
 . .' ¡"'. '-'
 

13'. All docUments: relating to any iÍeinoiandum of understanding between Exide and .
 

Microporóus, iiicl1.lding without limitation, documentsconcerniilg any expiration, extension or 

amendmentio such riemor~dtu 0.£ understading,,:., - , ..: . -- .


. 14.. All. docuients'. relating to"a~y" ~,~n~jderaiion -hyEx¡¿ì~ oralY Thi,rd Pary. to
 

, '


separator business in (a) North ­ sponsor, finånce or supporLentr ar :expansiòn: of a:battery . 


Americapr (b) the worid.'. .' :. _ _
 

, 15. '. . All '4ocument8' "c6nsÚtuÜIig' or . reJlectingåry' actual or . potential contract. or 

agreemeiit betweeaBxide and any T4ir4paiô.th~r than ENtEK; Poiypôregr_Miçr~pöro~s for
 

the manufacfue and' s.al~ by aIY,SUcli Third p'ar to E~dde' of le~d' acid battery separators. . . . .-' 

'16, All doouients ,or 'any. .databast" feflectìng-àll jea~acid....,1Jatt~r., a~paiators 

, purchased by, Exide, frQin any's.Uppner~. mcluding.:,1)#(',aotJiiiJted:. to'thespecifip:produc.tCs)

purcha.ed,: the . amount or volume of each such p:roduct(s) purchased,tÌie piice(s)of 'the 

proCluet(s) '.purchas.ed, the d~te(s) iof purchase, the end,usë(s) òrápplication(s)of the product 

shipped. .. purchased and the Èxide'pl~tto.whìchstich product was
 . . .. . .
 . -.". . ". ". .~ . . . . ". _ 17.' All . 
 documents . disc.ll~sing, describing -or. reflecting any actual . or potential

Inanufactu.es led àcid battery ownership interest of.Exidt in any-.j6lit venture or öiler entity that 


separ~tors, l . - "".' - : :'co';:' ..~.- .. :::'.~ .,' '.'.
 . - .'~. ­

'18. . AlldocÚi,ßntsdiscu$sing',:descri.bing.or reflecting,'by dollaraIount,:unjts, price,
 

sql¡aremetersandproduct type or brand, all 
 battery separators' purchased by Exidë rrom any

sourcefroin.January 1,2000tothepreserit: . . .. . .
 

2.. .' 

Pl,AB 1495.308vl 'I.
 
19.. For all prodllct iesponsiveto Request No.. 18, all docUments reflecting the actual
 

or anticìpated end use or applicat.ion of the product purchaSed by Exide and the destination of thé'

shipment of such 
 product. . ' .


. 20. 0, All øocuments discussing; 'de.scribing or ,reflecting any. intem~l . discussions, 

communications or cOl1sideration given by EXide. to 
 purchasing oracqui;1ing a supplier óf lead the supply of lead add batte.ry separators;entçring into ajoint venture or similairelationship for 


lead acid.
 battery separators for use by acid battery separat.ors, orbui1d.ing a.plantlo manufactue 


Exide. 

I . 21. '.' AIl documents discussing, describing,o¡' reflee:ting any actual .or potential entrant 

in the manufacturing of lead acid battery separators. .., r


. 22~'. Ali dOtwnentsrelating tp any'_compary or 'entity,,that entered or-was viewed as a 

potential entrant into the pröduGtiòn'andsaleOf lead' acid. battery. sepa¡'.atòrs,'. 

, 23, All documents relating to any actual.ot potential barer tò .entr. for suppliers or 

manufaçtuers of lead acid battery separators? including withoùt limitation, costs of entr or 

achjeving minimum viable sc8le, in (a) Nort America'and (b) the world. 

by E?Òçle: of. lead aCid battery /24. AlL. docutents.relating:toßnY testing.or.qualitlc.ation' 


separators .manufacture.d by Polyporeot Micro.PQi:ous. . 

. '25. All documents-relating to any testing or qualitìcatioI1 by Exide oflead acid battery
 

separato.rs prodnced.by any. entity, .other tb.an :Polypø.i:e.or: Miç,rPQrp-qs; · .. 

..'26. . . All 40c~mel!t~ ,(including ~einall or. rne.mora,êiui in~erna1 to Exide )reflecting..or .
 

discussing any ,nianllactuter, óf lead - acld battery separatò¡S or market conditions inCluding 

capacity forIead acid battery'separators; .... . .... ... ..
 

. . . 21.. kII ao~nrielltsde~cii9ing, 4ì~ç~ssing or.ret1ecttng.:by b.r~d n~e or manufaCtuer .
 

the pn,)ducts. .cqmprising lead, aciÇl ~attçry'. sep~raiQrs lndudirig those' products us.ed for the 

föllowln:gend uses: golf c..ar or c.art; floor scrupber or swee.per;' automotive; motorqycle; tnck; 

". train; fói;klift; pallet-. tr,ckt sunmatne.; olltel1pted',.PQw~r. .siippl.y. -;~r.h9spi~als,. telephgpe 

. companes:'an(t othe.r uses; .mòtiv~; .in~ustdai; .mt1e.; -S-itiQna,;aJd(.or nu~lear pow~r piant~ .

. .
 

." 28. . All documents discussing "nt r~ferr.ng.to:$y;~type of battery.:s~patat:Or" inc1uçling
 

AGM se.parators;Qther than thQs~ u.sed:in floQdedlead. aQid batterieS: .
 . .
 

29. . All 
 documents, describíng, discussing' o¡':'reti~cting products that are or Inight be

'competitive with leg,d .I;çid ;b,attetyß~paiat9lsinch~Qing tno.st: pmducts us.ed Jor the fQllowlng'end 

uses:'go.lf'car .nr. car;: f1ó()r'sçmbber orsweepèi;a,utomotive; motorcyCle; trck; trn; forl( lift; 

pallet trck;. submare;UIjnterrpted power. SUpply for ,h6spi~s, telephon~companies and oile.r
 

industrial; marinè;stâ.tl-onary;andlor iiUclearpower plant. :: d . '..: . ". ....
 iises; motive; 


\. 

. -'. '30. .' Docunlent8 di.scus$in~ or describi~g' any tecii~lo~.'y used in the manufactue of 

battery separators for lead:acid,battenes('. .' .... ". I. ....... . .
 

3.
 

PPAB 1495308vl
 

, 

i 

.­
'­

~ 1. All documents dfscussing or mentioning the actual 'or potential acquisition of
 

Microporous by Polypore.
 

32. All documents discussing, mentioning or describing any effect, actual, potential 

or perceived, on Exide' s ,buSÍness . of. an acquisition of . Mièroporous . by . Polypöre, . and all 

documents relating to' any plan 'or course of action considered or adopted by .Exide to address 

such ef(ect or otherwse respond to such acquisition. '. .. 

33. All documents reflécting any ptoduct or technology that"is a substitute for lead 

acid battery separators manufactued by' POlyPore or Microporous, including but not limited' to, 

any substitute product or technology considered by Exide .as"an alternate technology for lead acid 

battery separators' 
 manufactued by Polypore or Micropoto~s~

" 34. Au documentsreferting to' or - discussing other. sources of. lead' acid battery supply, able to use to replace Polypore as a source of separators'that Exide could or might be 


35. All documents referring to or discus~ing Polypore's past, present or futue 

competitive position in the lead acid battery separator business.

36. All documents, including affidavits and statements, which Exide provided to the
 

FTC relating in any way to Polypore., d 

. 3.7; A' copy .of any transcript. of .any testimony, deposition or. investigational hearing
 

conducted in thëPolypore Matter. . 

:38.- All d09umentsevidenciIlg, .relating' or r'efep-jng to comi1lcatioiis between the 

FJ'C and Exide relating in,anY way to Pplypore or Microporoiis. 

39. All do.ciietlts r~lati;ng to any' actaal or pgrceived advantage to Exide of the . 

. location ofits'leag acid batteiy supplier. . 

4
 

PPAB 1495308vl 
'., 

II. INSTRUCTIONS AND DEFINITIONS
 

I. "Document" means the complete orïgin~ or a tre, corre'ct and complete copy ard any 

non-identical copies of any written or. graphic matter, no matter how produced, recorded, stored 

_ or reproduced, including, but. hot limited to, any writing, letter, e-mail, envelope, telegram, 

meeting minute, memorandur, statement, affidavit, declaration, book, record, surey, map, 

study, handwritten note, working paper, chart, index tabulation, graph, tape, data ,sheet, data ,,' . !
 

prQcessing card,pnntout, ini~rotilm, index, computer readable media or other electronically 

stored data, appointment book, diar, diar entr, calendar? desl( paq, telephone message slip;
 

other data compilation, in your possession, custody or note of interview or commUtcatlon or any 


such documents. "Document" also includes ever writing, control, including all drafs or all
 . ...' '. . , ' . . ) " , drawing; ':graph, chai, photograp~; phono recor4,- tape .and other data compilations from which .' . . .., . . ' information can be obtained, trarislated, if 'necessary, by Exide Technologies, Inc. through

such 

'.~ " 

detection devices iIito reasomiblYusable fori,' and iriclud.es all draft and all copies of every


writing or ~ecord that contain' áÍY comnïentr, note~,. or markiúg' whatsoever not appearing on 

. . ..".


th~ original. 

Exide Technologies or aiy
 2~ ."Y oè :"your"and "EKide'¡ for:püfo-sës: oÚhis request, means


ot'lts p'm:erits; di~i'síOIiS, sùbdivisioìi~,' :siIbS'ìdiati~s;-' 8JfiIiat~s~ offïêèt~; diltptór~ ~r. ~anaging 

. .
 well as any preØecessors i~' interest, ~d. . ~gents, attorr~ys, empiOyeé~~ consu1tàts 'ard~ãgerits,. as
 . . ~ .'. .' . i
 

allother'persorisactiiig or purörting-to act oiiits b~half.

.- . . . . . ' 

3. "PòlypOre" for.lhe purposes 'of thisreqliest~ meáns' thë 'Poly¡ore' riitematiorial, Inc. ard

. .
 

Daraiic,. LLC, àndtheir any subsidiar 
 or divisiòii tberëöf, inCluding Without linitatioii~ .


respective employees. . 

5
 

PPAB 1495308vl
 
4. ~'Microporous" for the puroses of ths request, means the.Microporou.s Products, L.P.,
 

and any affliate, subsidjaror division thereof, and their respective. .employees, officers,
 

directors, parters, attol1eys and agents. .
 

this re.quest, means the ENTEK International LLC, and any 

affiliate, subsidiary or divisioll 'thereof, and their respective employees, offcers, directors, 

5. . "ENTEK" for the pui:oses of 


partners, attorneys and agents. ~)
 

6. "FTt" -means the Federal Trade Comiission~ and any of its directors, COIhissioners,
 

employees, consultats and agents: . 

7. "Po1ypore matter" means the investigation conducted by the FTC under Rule No. 081­

01. 1 and this Administrative Proceeding, Docket No. 9327. 

8. "Investigation" means any FTC irivestigatioii, whetlier foíïal or informal, public or nonpublic. 

9. . "Third Par'; -means' any' person; corporate entity;' parnership; aSsociation; joint ventue; . - .' . 

'state, federal or -local governental agency; aüthóritý or offcial; research ortra:de association;' or

.any other entity other th Exidë or any of itssubsidiaríes.. .. 

, .


10.' "Complaint" 'means the Complaint issued by the Federal Trade Commis~ion to Polypore
 

Internationai, Inc. in Docket No'. 9327. 

1 1; '. "Relating to" means in whole or in par constituting, containing, concerIiqg, discussing,
 

describing, analyzing, identifyirig or' staUrig: ': . 

,to 12. . Unless othérWse'stated, thë rele-vant time përiod' for these requests is Jànua 1, 2003 


the present. . 

13. . The use' of the singular shall be deemed to include the plural and vice versa.


14. The tëmis"and;' aícr"ór"'- shan be' interpreted liberfdly 'as 'coiïjunctivè, disjunctive, or

. .. . .
 

. ..- ....
 

both, depending öIÌ the conteXt, so as to have tberrbro.adest meanng. . . . 

6.' 

PPAB 1495308vl 
. 15.' Whenever necessary to bring within the scope of a reqúest all documents that might
 

otherwise be constred to be outside its scope, the. use of a verb in any tense shall be construed as 

the use of the verb in all other tenses.

16. The term "all'" includes aly 

. .
 and vice 'versa. . 

17. If you.. .' .. . .
 object to any par of a document request under the FTC RulesotPractice §3.37(b),

set forth the basis for your
 objection' ,and respond to.alÌ par of the document request to which " 

you do not object. No par of a document request shall be left unanswered merely because an
 

objection i~ intefposedUlaiother'part of ~ document reque~t. .. .' 

used ~d the 

fields existing in suoh database.

18. If a document database is provided~ provide an explanation of
 the definitions'
 .\. 

shall be produced in theileiitirety, incÍudirig all ~ttachieÎlts; 'eIiclqsures, cover memoranda and. 

.i 9; Alhdocuments that respoiid, iìi whole or iIi part, to aiy portion of any ~ocument request

. .
 \ 

post-it notes.
 

20~ If,any'privilege is. clairiedas a groUnd for not producing any dOCument, provide for each
 , 

such document witheld 'on the båsis'-ofprlvilèg¿:'a.i iriform~tiori'r~quired by FTC Rules of 

Practice §3.38A. 

21. In the 
 event that aÌy rt;sponsive doëurèntwas, but is no longer myòur possession, state . . . . \. -.' . . .
 

what disposition 'wa~ made' of it~ ,when,- ancî'tlë' reason 'for such disposition. . In! the event that a 

responsivedocunent h's been destroyed or retured to'aThird Par~ state (i)' 
 the reason':(orS\ch

document's destrction or'reti, the date. on ~hich the document was destroyed or retued, and '
 

the Third' Pary' to'. whom thè' doèument . was' returnèd or on 'whósebehalf the dòcuite~t' yvas

. '/ . . . '.. . : . '. . - . - :
 . .. ,

deštroyed; (ii) the nalÌÚ~, title, ard locatioÏl tnereofwithih Exìde Techròlogies of the individual in. 

whost possession, custody or. control the"doctte-n.t was when it was destroye4 or retued; and , , "


. ~ ....' '..,' '. .,'.
 

.7 

PPAB 1495308vl 
(ii) the name, title, and locatioh thereof within Exide. Technologies of the .individual who
 

destroyed or retuned the document. 

during the: cours.e of the 

or locate after you 

22. '. These.document r~quests are continuing in nature,- up. to . and ';'. 

you- obtain
 adjudicative"hearig. All documents sought bý these requests that 


serve your responses must be immediately produced to counsel for Polypore by supplementar

response. . 

'­

.A 

! ~ 

. '­

8 

PPAB 1495308vl 

rm~(Qrrv
 

UNITED STATES OF AMERICA . 

FEDERA TRADE COMMISSION
 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

)

In the Ma tter of ). 

) . Docket No. 9327


Polyporc IDternationa.l, Inc. ) a corporation. . ) 

) 

PROTECTIVE ORDER GOVERNING DISCOVERY MATERIAL 

For the purpose of 
 protecting the interests ofthe.Parties'and Third Parties in the above~ 

captioned matter agairttimpioper use and disclosure of cOnfidential information submittëd Qr 

produced in coriectibn with this Matter: 

IT is 
 HEREBY ORDERED.THAT this Protective Order Governing Confidential
 

Material ("Prottctive Order") 'shall govern the handling'of aU Discovery Matenal, as hereàfter
 

defined,
 

DEFINITIONS 

. For purposes of 
 this Protective Order,the following definitions'apply: . 

. propiietai information produçed -in discovery, Such material is referred to in, and protected by, 

i. "Confidential Material" shall mean all Discovery Material thatIs ~onfidential or .


. .
 . .
 sectio.n 6(f) of the Federal Trade Co~ission Act, 15 U.s.C; § 46(f); sectiön 21 of 
 the Federal 

Trade Còmmîssion Act, 15 U.S.C. § 57b-2,the FTC Rules of 
 Practice, Sections 4.9, 4. io, 16 

C.F.R. §§ 4.9, 4.10; andprecedents.thereunder. Con-fideritia.l Materi~ shalt include non-pup lie 

trade secret or other research; development, commercial 
 or financial information, the disclosure 

of which WQuid likely cause commercial han to the Producing Part or to R~s~Ii~ent. Th~
 
following is a non-exhaustive list of examples of infonnation that likely wil qualify for 

( treatment as Confidential Material: strategic plans (involving pricing, marketing, reseach and 

development, product road maps, corporate allances, ormeI'gers and acquisitions) that have not 

been fully. 
 implemented or revei:led to the public; trade secrèts; customer-specific evalùations or 

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

, , evaluations; infoITution subject t.o copfidentialityor non-disclosure agreements; proprietary 

technical or engineering infoimation; 'proprietar fii~arcial'da:ta orprojections; and proprietar 

consumer; custom~r,.or market research.or analyses applicablt to'current-or future market . .
 

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

. not be considered cnnfidential ifit is in the public domain: 

2. "Docl!ment" means the complete original or a tnie, correct, and complete copy 

and any non-identical copies orany wrtten or graphic matter, no .matter how produCed,'
 

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

erivelope~ telegiaph, e-mail, meeting minute. memoràndum,..statement, affidavit, declaration, 

transcript of oral testimony, book, record, s4I-.eÝ, map; study, handwrtten 
 note, working paper, 

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


media.or other electronically stored data, appointment book, diary) diar entr, calendar,
 

organizer, desk pad~ telep~one message 
 slip, note of iht~rview or comriÙ:iication, and any oth~r , J 

data compilati~n from whichinformation.ca~:be obtained,andinchideS all drafts and'all copies 

of such Docum~~ts and every Wrting or 
 record that 
 contains any commenta, notes, or marking 

whatsoeverhOtappearing.on.the orîginaI. '.

3. "Discovery Materlal"¡ncludes without- limitation depOsition testimony, exhibits, 

. .. . 

intenogatory responses, admissions, affdavits, declartions, Documents, tangible thing or , 

-2­
answers to questions produced pursuant to compulsory proce~s or voluntarly in lieu thereof, 

and any other Documen.ts or infornation produced or given to one Part by another Par or by a
 

Third Par in connection with discovery in this Matter. Infonnation 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, aRents, attorneys, and all other persons acting on its behalf, excluding persons 

retained as consultants or experts-for purposes of this proceeding. .

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

and subsidiaries, and all persons acting or purporting to -act .on its behalf.
 

6. "Respondent" meanS Polypore.
 

7. . "Par" means the Comm.ission or Polypore.
 

8. "Third Par" means any natural person, partnershtp, Corporation, association, or 

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

attorneys and agents. 

9. "Prpducing Pii" meas a Part or Third Par that proquced or intends to. 

produce Confidential Material to åny of the Parties. With respect to Confidential Material of a
 

Third Part that is in the possession, custody ot control of the. FTC, or has been:pröduced by the 

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

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

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

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


COmIission, and all subsequent administrative, appellate or other review proceedings related 

tlereto. 

-3­
TERMS AND CONDITIONS OF PROTECTIVE'ORDER 

L Any D~cument or portion thereof submitted by Respondent or a T1rd Par . 

durng the Federal ,Trade Commission ("FTC") investigation p-recedingthis Matter or during the 

course of.proceedings inthis Matter that is entitled to confidentiality under the Federal Trade 

Commission Act, or any regulation, interpretation, or precedent concerning documents in t~e 

possessi0!1. of the Commission, as well as any infonnation taken from any portion of such 

docum~nt, shall be treated as COl1fidentialMatcrial for purposes-of this Protective 'Order. For 

pUrposes oftrus Protective Order, the identity'of a Third Part submitting such Confidential 

as Confidential Material where the subrritter has requested in
 

wrting such confidential treatment.
 

Mateiial shall also be treated 


2. The Parties and any Third Paries, in complying with informal discnvery requests,
 

discl.osure requirements, discovery demands or formal process in this Matter may designate any 

. ':responsive doci.mel1t or portion thereof Confidential Material.inclu?ing documents obtained by 

. them from Third Parties pursu~t to discovery or as otherwise obtained. 

- 3. The Paries, in conducting discovery from Third Parties, 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 represen:ttion in good faith and
 

afer caret'l determination that the material is not reasonably believed to be already in the public
 

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

defined in Pargraph 1 of the Definitions of 
 this Protective Order, An deposition transcripts

-4­
') 

shall be treated as Confidential MateriaL. 

5. If any Part se~ks to challenge the Producing Par's :designation of material as
 

Confidential Material, thechalienging Part shall'nQtify the Pr~ducingPar and all other Paries 

" . document control numbers, 

deposition transcriptpçige and Urie reference, or other means sufficient to locate easily such'

of the challenge. Such notice shall identify with specificity (i.e~, by 

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

by .providing the challenging Paity and all other Parties a ,witten stC;tenient of the reasons for the 

designation within five (5) business 
 days' of receiving notice of the coufidentialitychallenge. . If

, the Producing pary tImelypreserves its rights, thç Parties shall continue to treat the. 
 challenged

Par or order material as Confidential Materials, abse.nt a wrItten agi-eement with the Producing 


of the Cominission providiilg otheiwise, 

6. If any conflct reg8rdin~ a confidentiality aesigiation arises and thePartes and
 

Producing Par involved have tàiled-to resolve the conflctvíägood-faitl negotiations, a 


seeking to disclose Confidential Material or'challenging a confidentiality designation


. . . .

may make


Par 

. .
 

on the wrtten application .to the heari~g officer for relief. The application shall be served 


Pr.odu~ing Pary and the other Partes tö this Matter, and shàii be acco~parued by a certification 

that good-faith negotiations have faìle~ to resolve tlw outstanding iS$ues. The Producing Par

. .. . ' , .
 and any otherPart shall have five (5) . .
 business days after receiving a copy of the motion to

pre­ . respond to ihe application. While an application is pCl1c!ing. the Paries'shall maintain the 


appUcation status of the Confidential Material. Nothing in t~is PI'otectiv~ Order shall create a 

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

disclosure or change in designation. . 

.5.' 
7. The parties shall not be obligated to challenge the propriety orany designation 
 or 

treatment of infonUation as Confidential Material and the failllre .to do so promptly shall not 

preclude any s\:bs~quentobjection to stich designation or treatment, or any motion seeking 

permission to disclose suchinaterial to Persons not otherwise entitled to access under. the terms 

of this Protective Order. If Confidential Material is produced without thedesignation attached, 

the material shall be tr~ated as Confidential- from the time the Producing Pary açivises 

ComplaInt Counsel and Respondent's Counsel in writing that such material should be so 

-designated.and pro.vides all the Parties with an appropriately labeled replacement. The Paries 

shall return promptly or destroy the unmarked materials. 

. 8. Material,produced in this Mattei' may be designated as confidential by placing on
 

or affxing to the document containing such-material (in such manner as wil not interfere with 

the legibilty thereot)~ or if an entire folder or box 
 of do'cumtnts.is confidential by placing or . 

affixing t? that folder or box, the designation "CONFIDENTIAL-FTC Docket No. 9327" or any 

'other'apjxopriate notice that èonsidered to be confidential materiaL. Confidential information 

contained in electronic docunÍents may also be designated as confdential by placing the 

. designation "CQNFIDENTIAL-FTC Docket No.. 9327" or ~y other appropriate notice that 

ia.entifies this proceeding, on the face or the CD orDVD or other'medium on which the .. 

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 voluntarily 
 or pursuant toa Civil Investigative Demand.or subpoena durng the. 

investigational phfase preceding this Matter for which confdential treatment WaS requested. 

. Masked orotheiwise redacted copies ofdòcuments may'be produced wherethep~rtions deleted . . í
 

-6.­
contain privileged matter, provided that the copy produced shall indicat~ at the appropriate point 

that poitîons have been deleted and the reasons therefor. 

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

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

Commission and its tmployees,and personnel retained by the commission as expetts or 

jurisdiction 

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

over any appellate proceedii,!gs involving this matter, (c) court reporters in this , .
 maUer, (d) outside counsel of reco.rd for Respondent, its associated attorneys and other 

employees of its 1aw firm(s), provided they are not employees of Respondent, (e) Michael Shor, 

Polypore Special Counsel, (1) anyone retained to assist. outside counsel .in the pt~paration of 

. hearii1g of.this proceediiig including ~ònsultants, provided th~yare not affiiated in any way with

Respondent and llavè s'igned' Exhibit 

. ,
 A hereto; (g) any witness or. 
 deponent who may.have 

. authored o/received the infoonation in.-question; (h) any individual who was in the direct chain 

. ,of s.upervision of theai.thoi at the time the Discovßry Material was Created or received, except 

that this prqvision does I)ot permit disclosureofIndustrial GrQwt parer or Warburg Pincus
 

Internatiorial documents to Polypore or former Microporous personnel who would not otherwise 

have'had access to the Discovery Material; (i)'any.ernployee or agent of the ~l'tity that.created or 

received the Discovery Matel'iiih .0) anyone representÍng the author or recipient of the Dìscovery . 

Material ìirthis Matter; and (k) any other P.erson(s) authorized in wrting by the Producing 
 Par; 

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

P~otectiv~ Order shall be oruy for the puroses of the prèparationand hearng of ths Matter, ör 

any'appeal therefrom, and for no othú purose whRtsoever; pro,:i-qed; howe~er. that the 

. -7­
Commission mày, subject to taking appropriate steps to preserve the ci:mfidentiality of such 

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

. and 21 of 
 the Federal Tràdé CommJssion Act; or any other legal obligation imposed upon the 

," 

Commission. . 

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

r 

exhibit qr other 
 paper filed or to be. fied with the Secretary of 
 the Commission, the Secretary 

shall be so informed by the Par filing such papers, 
 and sucp papers'shall be fied.under seaL.
 

To the extentthat such material was originally submitted. bya Third Pary, the Party including 

the Materials in its papers shall immediaÚ~ly notify the submitter of such inclusion. Confidential

. Material contained in the 
 papers shaH remain under seal until further order of 

. .
 

the AdminiStrative 

Law Judge; provlded, however, tht such papers may be fuisheò- to persons òl-entities whö 

may recei~e Confidential Material 
 pursuant to Paragraphs 
 9 :Or 10, Upon or after: filing any 

:paper containing Ct;ufidential Material, the fiing part. 
 shall fie on the public recoi:d'ft duplicate
 

./ 

..copy of the paper that does not reveal confideiitial1latedaL 'Furher; if tl1e protection of any . 

such material expires, a Part may- fie 0'0 the public record a duplicate copy whiCh also contains
 

the formerly protected materiaL.
 

12. 'If counsel plans to introduce intø evidence at the hearng any docuit~nt or
 

transcript c(mtaining Co~fidentÜil Material produced' by another Part or by a'Third Par;they .'
 

shall ptovidè ten .(0) days advance notice to the other Par or Third Parfpr.purposes of .. .
 

allowing that Par or Third Par to seek an order that the documt:nt or transcript be granted iii' 

caera treatment. lfthat Par or Third par wishes in' camera tteatment, 
 . ­ for the document or

transcript, the Par or Third . .
 Par shall fie an.àppropriate motion Wjth thè Administrative Law


-8­
document or trancript
 

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

Judge. Where in camera treatment is granted, a duplicate copy of such' 


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

the discloSure ofCorifidential Material submitted by another Pary or Third Party, the recipient 

. shorter time is mandated by an order of a court, such notification shall be in Wrting and be . 

of the discovery request shall promptly- notify the subinitte~ of r~ceipt of such request. Unless a . \
 received by the submitter at
 . '
 least 1'0 busilless days before ptod~ction,.and.shaii include a copiof

this Protective Order and a cover letter that wil apprise the submftter.ofits rights hereunder. . .
 

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

elsecovered by ths Order to challenge Or appeal any order requiring production ofCon.dential 

Mateiiàl, to subject itself to any penalties for non-complialJ.e with any sl1ch.örde¡', or to seek any 

relief from the Adn;inistrative Law Judge or the Commission. The recipient shall not oppose the 

..subinitter's efförts to challenge the disclosure ofcollfidential materiaL. In 
 addition, nothing

'. herein shall limit the'applicabilty'ofRule 4.1 l(e) of 
 the 'Commission's Rules of Practice, 16 .

C.F.R. §4.l1(e), to disCovery requests in another proceedÜig, that are directed to the C.ommÎssion. 

14. At the time that aiiy consultant or other person retained to assist couns~1 in the, 

preparation .of this aqtioh concludespaiticipation in the actìon"such person shaH return to 

. counsel aU copies of documentS orpoIiions thereof designated confidential that are in the 

possession of s\lch person, together with ~ll notes, memorIinda or other .papers containing 

judichil review, the paries shall retUr documents obtained 
 in this action to their subinitters~


provided, however; that the Comi:ission'sobligation to reti: doouments 'shall be governed .by
 

Practice, 16 C.F.R~ §4.l2. 

-9­

the provisions of. Rule 4:12 of the Rules of 

v 
15. The inadvertent production or disclosure or 
 any Discovery Material, which a
 

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

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

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

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

any privileged applicable to any other documents reIating to the subject matter.
 

16. . This 
 Protective Order shaH ilot apply tqthe disclosure by a ProducÌng Party or its 

counsel of its own Confidential MaÚ~ria1. 

.. 

i 7. The provisions of 
 this Protective Order, insofar as they restiict the 

conununkalionand use of confidential discovery material, shall, without written pennission of 

. .the submitter oj. further order of 
 the Commission, continue to.be binding after the conclusion of 

. this proceeding. 

ORDERED: T) M i4~41

D. Michael Chappell 

Administrative Law Judge 

Date: October 23,2008
 

.-' 

-10­
( 

EXIUBIT A 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFicE OF ADMINIsTRA TIVÊ LAW JUDGES 

) In the Matter of ) 

)
 Docket No. 9327

Polypore International, Inc.
 ) 

. a corporation.
 

)

)

DECLARA TIONCONCERNING'PROTECTIVE ORDER.
 

GOVERNING DISCOVERY MA TERrAL . .
 I, , hereby declare and certify the'following to be true: 

1.' (Statement of employment 1
 

. 2. I have read the "Protective Order" gov,erning Discovery Material ("Protective
 

Order") Íssùed by the Commission Oil October 23, 2008, in connection with theabove-captiöned 

'Matter. I understand the restrctions on my access to and use of any Confidential Material (as
 

that tennis used in the Protective Order) in tlús Matter, and 
 Order. . I agree to abide by the.Prötective

3. r understad 
 that the r~strictions on my use of such Confdentiality Material 

include,: 

a. that I wil use such Confidential Material only: for the purbse of preparing
 

'for this proceeding; and hearing(s) ~d any.appeal of this ptoceedingand . 

for no other purpose; 

b. that I wil notdi~ciose such Confidential Material to"ariyone, expect as
 

peniitted by the Protective Order; . 

c. that I' will. use, store and maintain the Confidential Material in such 
 away 

as to ensUre its continued protected status; arid 

d. . that, upon 
 the termination of my participation iIi thjs proceeding, I wil. 

promptly return 
 all Confid~lltial Materials and aU notes, memOranda, Of other papers containing 

Confidential.Materi¡il,to Complaint Counsel or Respqndent's Outside Counsel as appropriate.. 

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

as that tenn is defined in. this Protective Order~' the. restnctions on my use of Confidentiii 

- 11- \ .( 
Material also include the duty and obligation to: 

a. maintain such Confidential Matt:rial in separate locked room(s) or locked:
 

cabinet(s) when such ConfidentiarMaterial is not being reviewed; 

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

Outside Counsel,.as appropriatc, 
 upon the conclusion. of my assignment or retention, 

, . .


or upon conclusion of this Matter; and

c. use such Confidential Máterial and the irifonnation contained therein
 

solely for the 
 purpose ofrendeiing consiilting services to a Party 
 . to this Matter, includingproviding testimony irtjudicial or adrrinistrative 

procèediiigs arsing out of this Matter. 

5. I am fully aware 'that, pursuant to 
 Section 3.42(h) of the FTC Rules of Practice, i 6 

c.r.R, § 3.42(h), my failure to comply with the terms ofthr .Protective Order piay constitue
 

cOlltempt ofihe Commi&sion and may subject me to sanctions. 

Date: 

Full Name (Typed or Printed) 

Signature 

-12­
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT 

) 

TABB
 
From: Welsh, Eric D. 

Sent: Wednesday, January 07,2009 10:08 AM 

To: 'Russell, Don'
 

Subject: RE: EXIDE: Custodian list 

Don 

As I discussed on the telephone with you yesterday, we need to get Exide's production done and 

documents to us as soon as possible. As you know the subpoena duces tecum was served on your client 

on or about November 10, 2008 and called for production on November 25,2008. We worked with you 

and your client promptly to address issues that you raised and have been patient in waiting for the 

production. It was our understanding that we would have the documents produced to us by no later than 

this week. Unfortunately, we have yet to receive any documents from you. You did tell me yesterday that 

we would receive Mr. Gillespie's documents on Friday but you also could not tell me when we would 

receive the balance of Exide's production. 

As you are aware, our discovery cutoff is approaching and we need the Exide documents to use them in 

the depositions that we noticed for January 14-16. You have asked to push the depositions back to the 

week of January 19. Our schedule poses many constraints on my ability to reschedule those 

depositions. We are willng to try to accommodate you in this regard and will 
 look into rescheduling those 

depositions for January 21, 22 and 23. (I understand that Mr. Ulsh is available the morning of January 

21.) i must have Exide's documents though by January 12. You told me that would not be possible. You 

also told me that two boxes of Exide documents are in Atlanta and have not yet been provided to you. 

We have no choice but to go ahead and move to compel Exide's production of documents. I will 
 let you 

know if we can reschedule the depositions to the dates you requested. 

As we discussed yesterday, I will continue to do what I can to expedite your production. You have 

suggested that we prioritize the custodians for review. i am certainly willing to do that as long as it not 

slow down your work at all. Asl said above, we need the complete production by January 12. To the 

extent that it is helpful to you, please proceed with the custodian review in the following order: Gilespie, 

Menon, Perez, Smith, Bregman, Miller and Perzee. 

Best regards, 

Eric Welsh 

Eric Welsh 

Partner 

Ext. 9052 

----Original Message----­

From: Russell, Don (mailto:drussell(§robbinsrussell.comJ 

Sent: Tuesday, January 06,20095:59 PM 

To: Welsh, Eric D. 

Subject: FW: EXIDE: Custodian list 

Eric, here is the list of document custodians. If you've reviewed Exide's production to the FTC, you are 

undoubtedly familiar with the first 6. The seventh, Kathie Perzee, if memory serves, was involved in 

procurement but left the company (or in any event, ended her involvement in procurement matters) years 

ago. 

From: Sarti, Dana I Wesley 

Sent: Tuesday, January 06, 2009 5:51 PM
 
To: Russell, Don 

Subject: EXIDE: Custodian list 

1. Albert Perez 

2. Doug Gillespie 

3. Predeep Menon 

4. Tom Smith 

5. Mitch Bregman 

6. John Miller 

7, Kathie Perzee 

2 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT 

) 

TABC
 
External Signatue Page 1 of 1 

Welsh, Eric D. 

From: Russell, Don (drusseiicærobbinsrussell.comj 

Sent: Thursday, November 20,20082:22 PM
 

To: Welsh, Eric D.
 

Subject: RE: In re Polypore International, Inc., Docket No. 9327 

Eric, 

Thanks for the update. While I hope it's unnecessary, in light of this delay, will you agree that, 

in the event we are unable to reach agreement on the scope of the subpoena, we will have 

until next Friday, Nov. 28, to file a motion with the FTC? 

From: Welsh, Eric D. (mailto:ericwelsh(§parkerpoe.com) 

Sent: Thursday, November 20,20082:17 PM 

To: Russell, Don 

Subject: In re Polypore International, Inc., Docket No. 9327
 

Don 

I received your message this morning. I do not have an answer yet from my client on the issues that we 

discussed but hope to have more information on that score tomorrow. I will 
 let you know as soon as I can, 

Best regards, 

Eric Welsh 

Eric Welsh 

Partner 

Three Wachovia Center I 401 South Tryon Street I Suite 3000 I Charlotte, NC 28202 

Phone: 704.335.9052 I Fax: 704.335.9755 I www.parkerpoe.com I vcard I map 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained 

in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under 

the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication 

(or in any attachment). 

PRIVLEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential propert of the sender. The information is 

intended only for the use of the person to whom it was addressed. Any other interception, copying, accessing, or disclosure of this message is 

prohibited. The sender takes no responsibilty for any unauthorized reliance on this message. If you have received this message in error, please 

immediately notify the sender and purge the message you received. Do not forward this message without permission, rppab_v1.0) 

1/7/2009
 
Page 1 of 1 

Welsh, Eric D. 

From: Russell, Don (drussell~robbinsrussell.com) 

Sent: Wednesday, November 26, 2008 1 :37 PM
 

To: Welsh, Eric D.
 

Subject: Exide subpoena modifications 

Eric, 

Attached is a letter describing our agreements on modifications to the subpoena issued to 

Exide Technologies. Please note, in the paragraph regarding the Exide legal department, that 

I've taken the liberty of adding that we reserve the right to object to or seek to limit any request 

for legal department documents that you might make at a later time. We did not discuss that 

reservation in our call yesterday, but I trust you will have no objection to it. 

If anything in this letter requires further discussion, please call. 

Happy Thanksgiving, 

Don Russell 

Robbins, Russell, Englert, Orseck, 

Untereiner & Sauber LLP 

1801 KStreet N.W., Suite411L 

Washington, D.C. 20006 

ww.RobbinsRussell.com 

drussell~robbinsrussell. com 

202-775-4502 (Direct Dial) 

202-775-4510 (Fax) 

1/7/2009
 
ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP 

1801 KSTREET, N.W., SUITE411 

WASHINGTON, D.C. 20006
 

PHONE (202) 775-4500
 

FAX (202) 775-4510 

www.robbinsrussell.com 

Donald J. Russell (202) 775-4502 

drussell~robbi nsrussell, com 

November 26, 2008 

BY EMAIL AND U.S. MAIL 

Eric D. Welsh 

Parker, Poe, Adams & Bernstein L.L.P. 

Three Wachovia Center, Suite 3000 

401 South Tryon Street 

Charlotte, N.C. 28202-1935 

Re: Subpoena Duces Tecum To Exide Technologies
 

Dear Eric: 

I am writing to confirm our agreement to modifications of the subpoena duces tecum 

issued to Exide Technologies in connection with In re Polypore International, Inc. (FTC Docket 

No. 9327). We have agreed to the following modifications. 

First, Exide wil search for and produce only documents 10cated in the United States. I 

have confirmed my understanding that there are no Exide personnel in other countries who have 

responsibilties for procurement of separator products, including responsibilities for monitoring 

any separator market(s) or evaluating potential suppliers of 
 separators. I have also confirmed 

that to the extent (if any) Exide has considered vertical integration into the production of 

separators or the sponsorship of another firm's entry into separator production, such 

consideration has been undertaken by personnel in the United States, not by personnel in other 

countries. 

Second, Exide wil not be required now to search for documents located in the fies of its 

legal department and wil not be required to provide a privilege log for documents withheld on 

the basis of privilege. You have reserved the right to request documents from the legal 

department on a case-by-case basis, after reviewing Exide's production, and Exide has reserved 

the right to object to or seek to limit any such request. 
ROBBINS, RUSSELL, ENGLERT, ORSECK & UNTEREINER LLP 

Eric D. Welsh
 

November 26, 2008
 

Page 2
 

Third, Exide wil not be required to retrieve and search archived or backup electronic 

fies. Exide wil search for responsive documents located on active emaIl and fie servers.
 

Fourth, in responding to specifications 16 and 18 of 
 the subpoena, Exide wil provide 

information indicating the end use(s) or applications of 
 separator products purchased from 

Daramic, but wil not otherwise provide material relating to its purchases of separators from 

Daramic. Exide wil fully respond to specifications i 6 and 18 with respect to separators 

purchased from suppliers other than Daramic. As I explained, the database containing this 

information contains data for "current year plus one." Exide will produce the responsive 

information maintained in this database, but wil not otherwise be required to search for archived 

material. 

Fifth, notwithstanding Instruction 22, Exide wil not be required to provide a continuing 

response to the subpoena. The relevant time period for all requests wil be January 1, 2003 until 

the date of service of 
 the subpoena, i.e., November 11,2008. 

Sixth, Exide wil not be required to produce material that it has previously provided to the 

FTC. 

We wil contact your office in the near future to discuss the appropriate format(s) for 

Exide's production. As I indicated, Exide wil endeavor to complete its production by the end of 

December but, especially in light ofthe holiday season, I cannot guarantee that Exide's 

production wil be entirely complete by that date. We wil produce documents on a rolling basis, 

beginning with documents from the fies of 
 Douglas Gilespie, Exide's vice president for global 

procurement. 

Please let me know if 
 this description of our agreement is in any way incomplete or 

inaccurate from your perspective. 

Sincerely yours, 

Donald J. Russell 

Counsel for Exide Technologies 
Message Page 1 of2 

Welsh, Eric D. 

From: Welsh, Eric D. 

Sent: Thursday, December 04,20083:43 PM
 

To: 'Russell, Don'
 

Subject: RE: Exide subpoena modifications 

Don 

I wanted to clarify one point that we discussed. With respect to the archival file issue, I understand that while you 

will not be searching archival tapes, we have reserved the right to make a request of you for specific searches to 

be done should it become necessary after we have received and reviewed Exide's production. Obviously, your 

client would reserve its rights as well with respect to those requests. I believe we are both in agreement on this 

point but i did not see it mentioned in your letter. Let me know if you have any questions or if my understanding in 

this regard is incorrect. 

Also, let me know when you anticipate being in a position to begin production. If documents are being produced 

in electronic format, please let me know and I will put you or your staff in touch with my tech person regarding the 

format of the information. 

Best regards, 

Eric Welsh 

-----Original Message----­

From: Russell, Don (mailto:drussell(§robbinsrussell.comJ
 

Sent: Wednesday, November 26,20081:37 PM
 

To: Welsh, Eric D.
 

Subject: Exide subpoena modifications
 

Eric, 

Attached is a letter describing our agreements on modifications to the subpoena issued 

to Exide Technologies. Please note, in the paragraph regarding the Exide legal 

department, that I've taken the liberty of adding that we reserve the right to object to or 

seek to limit any request for legal department documents that you might make at a later 

time. We did not discuss that reservation in our call yesterday, but i trust you wil have 

no objection to it. 

If anything in this letter requires further discussion, please calL. 

Happy Thanksgiving, 

Don Russell 

Robbins, Russell, Englert, Orseck, 

Untereiner & Sauber LLP
 

1801 K Street N.W., Suite 411L
 

Washington, D.C. 20006
 

ww.RobbinsRussell.com
 

drussell~robbinsrussell.com
 

1/7/2009 
Message Page 2 of2 

202-775-4502 (Direct Dial) 

202-775-4510 (Fax) 

1/7/2009
 
External Signature Page 1 of2 

Welsh, Eric D. 

From: Russell, Don (drussell(§robbinsrussell.com) 

Sent: Thursday, December 04, 2008 5:58 PM
 

To: Welsh, Eric D.
 

Cc: Sarti, Dana I Wesley
 

Subject: RE: Exide subpoena modifications 

Eric, your clarification is correct. Sorry I neglected to include that point in my letter. 

We expect to produce in electronic form and are now in the process of collecting documents 

and data. Exide has a practice of closing down over the holidays. We hope and expect to 

have everything collected before that happens. It wil then take some time for review in my 

office. 

Some time back, the investment banking firm that handled the sale of the Corydon plant to 

Daramic produced its documents relating to that transaction to the FTC. We have a copy of 

the documents they produced to the FTC. I don't know whether you've gotten those 

documents from the FTC, but if not, and if you'd like to get copies from us, let me know. We 

can produce those very quickly. 

Our document manager, Dana Sarti, has tried to contact your tech person regarding format 

issues. i think Dana is waiting for a response. You or your colleague should feel free to 

contact Dana directly. 

Best regards, 

Don 

From: Welsh, Eric D. (mailto:ericwelsh(§parkerpoe.com) 

Sent: Thursday, December 04, 2008 3:43 PM
 

To: Russell, Don 

Subject: RE: Exide subpoena modifications
 

Don 

i wanted to clarify one point that we discussed. With respect to the archival file issue, I understand that while you 

will not be searching archival tapes, we have reserved the right to make a request of you for specific searches to 

be done should it become necessary after we have received and reviewed Exide's production. Obviously, your 

client would reserve its rights as well with respect to those requests. i believe we are both in agreement on this 

point but i did not see it mentioned in your letter. Let me know if you have any questions or if my understanding in 

this regard is incorrect. 

Also, let me know when you anticipate being in a position to begin production. If documents are being produced 

in electronic format, please let me know and I will put you or your staff in touch with my tech person regarding the 

format of the information. 

Best regards, 

Eric Welsh 

1/7/2009 
External Signatue Page 2 of2 

Eric Welsh 

Partner 

Three Wachovia Center I 401 South Tryon Street I Suite 3000 I Charlotte, NC 28202 

Phone: 704.335.9052 I Fax: 704.335.9755 I www.parkerpoe.com I vcard I map 

-----Original Message----­

From: Russell, Don (mailto:drussell(§robbinsrussell.com)
 

Sent: Wednesday, November 26,20081:37 PM
 

To: Welsh, Eric D. 

Subject: Exide subpoena modifications
 

Eric, 

Attached is a letter describing our agreements on modifications to the subpoena issued 

to Exide Technologies. Please note, in the paragraph regarding the Exide legal 

department, that I've taken the libert of adding that we reserve the right to object to or 

seek to limit any request for legal department documents that you might make at a later 

time. We did not discuss that reservation in our call yesterday, but I trust you wil have 

no objection to it. 

If anything in this letter requires further discussion, please calL. 

Happy Thanksgiving, 

Don Russell
 

Robbins, Russell, Englert, Orseck,
 

Untereiner & Sauber LLP
 

1801 K Street N.W., Suite 411 L
 

Washington, D.C. 20006
 

ww.RobbinsRussell.com 

drussell~robbinsrussell. com
 

202-775-4502 (Direct Dial)
 

202-775-4510 (Fax)
 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained 

in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under 

the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication 

(or in any attachment). 

PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the sender. The information is 

intended only for the use of the person to whom it was addressed, Any other interception, copying, accessing, or disclosure of this message is 

prohibited, The sender takes no responsibility for any unauthorized reliance on this message. If you have received this message in error, please 

immediately notify the sender and purge the message you received. Do not forward this message without permission. ¡ppab_v1 ,OJ
 

1/7/2009
 
Message Page 1 of 1 

Welsh, Eric D.
 

From: Welsh, Eric D.
 

Sent: Monday, December 22,200811:38 AM
 

To: 'drusseicærobbinsrussel.com'
 

Subject: In re Polypore International, Inc., Docket No. 9327 

Don 

Just wanted to check in with you on the status of Exide's production. Do you have an expected date to begin 

production? I understand you will be producing on a rollng basis. 

Thanks. 

Eric Welsh 

1/12/2009
 
Message Page 1 of3 

Welsh, Eric D. 

From: Welsh, Eric D. 

Sent: Monday, January 05,20094:56 PM
 

To: 'Russell, Don'
 

Cc: Sarti, Dana I Wesley
 

Subject: RE: Exide subpoena modifications 

Don 

i hope you had a good holiday. Can you let me know when we can expect to receive documents from Exide? We 

need to get the production done as we are under tight deadlines. Please advise as soon as you can. 

i also wanted to see if you have had a chance to talk with your client regarding the deposition subpoenas that we 

sent out. Let me know if you are able to accept service. We will obviously need to get the documents in advance 

of the depositions. Thanks. 

Eric 

-----Original Message----­

From: Russell, Don (mailto:drussell(§robbinsrussell.comJ
 

Sent: Thursday, December 04,20085:58 PM
 

To: Welsh, Eric D.
 

Cc: Sarti, Dana I Wesley 

Subject: RE: Exide subpoena modifications
 

Eric, your clarification is correct. Sorry I neglected to include that point in my letter. 

We expect to produce in electronic form and are now in the process of collecting 

documents and data. Exide has a practice of closing down over the holidays. We hope 

and expect to have everything collected before that happens. It will then take some time 

for review in my office. 

Some time back, the investment banking firm that handled the sale of the Corydon plant 

to Daramic produced its documents relating to that transaction to the FTC. We have a 

copy of the documents they produced to the FTC. I don't know whether you've gotten 

those documents from the FTC, but if not, and if you'd like to get copies from us, let me 

know. We can produce those very quickly. 

Our document manager, Dana Sarti, has tried to contact your tech person regarding 

format issues. i think Dana is waiting for a response. You or your colleague should feel 

free to contact Dana directly. 

Best regards, 

Don 

1/7/2009 
Message Page 2 of3 

From: Welsh, Eric D. (mailto:ericwelsh(§parkerpoe.com) 

Sent: Thursday, December 04, 2008 3:43 PM
 

To: Russell, Don 

Subject: RE: Exide subpoena modifications
 

Don 

I wanted to clarify one point that we discussed. With respect to the archival fie issue, i understand that 

while you will not be searching archival tapes, we have reserved the right to make a request of you for 

specific searches to be done should it become necessary after we have received and reviewed Exide's 

production. Obviously, your client would reserve its rights as well with respect to those requests. i believe 

we are both in agreement on this point but i did not see it mentioned in your letter. Let me know if you 

have any questions or if my understanding in this regard is incorrect. 

Also, let me know when you anticipate being in a position to begin production. If documents are being 

produced in electronic format, please let me know and I will put you or your staff in touch with my tech 

person regarding the format of the information, 

Best regards, 

Eric Welsh 

Eric Welsh 

Partner 

Three Wachovia Center I 401 South Tryon Street I Suite 3000 I Charlotte, NC 28202 

Phone: 704.335.9052 I Fax: 704.335.9755 I www.parkerpoe.com I vcard I map 

-----Original Message----­

From: Russell, Don (mailto:drussell(§robbinsrussell.com)
 

Sent: Wednesday, November 26,20081:37 PM
 

To: Welsh, Eric D. 

Subject: Exide subpoena modifications
 

Eric, 

Attached is a letter describing our agreements on modifications to the subpoena 

issued to Exide Technologies. Please note, in the paragraph regarding the Exide 

legal department, that I've taken the libert of adding that we reserve the right to 

object to or seek to limit any request for legal department documents that you might 

make at a later time. We did not discuss that reservation in our call yesterday, but i 

trust you will have no objection to it. 

If anything in this letter requires further discussion, please calL. 

Happy Thanksgiving, 

Don Russell 

1/7/2009
 
Message Page 3 of3 

Robbins, Russell, Englert, Orseck, 

Untereiner & Sauber LLP
 

1801 K Street N.W., Suite 411L
 

Washington, D.C. 20006
 

ww.RobbinsRussell.com 

drussell~robbinsrussell. com
 

202-775-4502 (Direct Dial)
 

202-775-4510 (Fax)
 

IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S, federal tax adviæ 

contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) 

avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter 

addressed in this communication (or in any attachment). 

PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the sender. The information 

is intended only for the use ofthe person to whom it was addressed. Any other interception, copying, accessing, or disclosure ofthis message 

is prohibited. The sender takes no responsibilty for any unauthorized relianæ on this message. If you have received this message in error, 

please immediately notify the sender and purge the message you received. Do not forward this message without permission. (ppab_v1.0j 

1/7/2009
 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

)

Polypore International, Inc. ) 

a corporation ) PUBLIC DOCUMENT 

) 

TABD 
, ;1 

SUBPOENA AD TESTIFICANDUM 

Issued Pursuant to Rule 3.34(a)(1), 16 C.F.R. § 3.34(a)(1) (1997) 

1. TO 2. FROM 

Mr. !lberto Perez
 

Exide Technologies
 UNTED STATES OF AMERICA 

13000 Deerfield Parkway
 

Building ZOO
 FEDERAL TRADE COMMISSION

Alpharetta, GA 30004
 

This subpoena requires you to appear and give testimony, at the date and time specified in Item 5, at the 

request of Counsel 
 listed in Item 8, in the proceeding described in Item 6. 

3. PLACE OF HEARING 

Arnall Golden Gregory LLP
 

171 17th Street NW
 

Suite Z100
 

Atlanta, GA 30363-1031
 

Phone: 404-873-8684
 

6. SUBJECT OF PROCEEDING 

In the Matter of Polypore International, Inc., Docket No. 9327 

7. ADMINISTRATIVE LAW JUDGE 

The Honorable D. Michael Chappell 

Federal Trade Commission 

4. YOUR APPEARANCE WILL BE BEFORE 

CQunsel for Respondent and a person authorized


by law to administer oaths. 

5. DATE AND TIME OF HEARING OR DEPOSITION 

1/16/09 at 9:00 AM
 

8, COUNSEL REQUESTING SUBPOENA 

Eric D. Welsh . 

Three Wachovia Center
 

Suite 300
 

401 South Tryon Street
 

Washington, D.C. 20580 Charlotte, NC 28202-1935


DATE ISSUED SECR:Zè 'y~ ~ fl 

December 10, 2008 

GENERAL INSTRUCTIONS
 

APPEARANCE 

The delivery of this subpoena to you by any method 

prescribed by the Commission's Rules of Practice is 

legal service and may subject you to a penalty 

imposed by law for failure to comply. 

MOTION TO LIMIT OR QUASH 

The Commission's Rules of Practice require that any 

motion to limit or quash this subpoena be filed within 

the earlier of 10 days after service or the time for 

compliance. The original and ten copies of the petition 

must be filed with the Secretary of the Federal Trade 

Commission, accompanied by 
 an affdavit of service of 

the document upon cOiJnsellisted in Item 8, and upon 

all other parties prescribed by the Rules of Practice. 

, FTC Form 70-A (rev. 1/97) 

TRAVEL EXPENSES 

The Commission's Rules .of Practice require that fees and 

mileage be paid by the part that requested your 

appearance. You should present your claim 
 to Counsel 

listed in Item 8 for payment. If you are permanently or 

temporarily living somewhere other than' the address on 

this subpoena and itwould require excessive travel for 

you to appear, you must get prior approval from Counsel 

Iisteq in Item 8. 

This subpoena does not require 
 approval by OMS under the Paperwork Reduction Act of 1980. 
- - ---- ------- -- - - -- -- - - - - - --

- - --- - ------ --- - -- - -- - - - - ---

- - ---- - -- - ---- - - - - - - - - - - - - --

------ ------- - - - ----- - - - - ---

- - - -- - -- -- ---- - -- - - - - - - - -- --- - - - -- - - - --

- -- - - - -- - - ---- - -- - ------ ------ -- - - - - - --

--- - -- - - -- --- - - -- ---- -- - ---- - - - - -- - - - --

RETURN OF SE~VICE
 

I hereby certify that a duplicate original of the within
 

subpoena was duly served: (check the mèthod used)
 

o in person.
 

o by registered mail.
 

o by leaving copy at principal offce or place of business, to wit: 

on the person named herein on: 

(Month, day, and year) 

(Nam of person making servce) 

(OIclal tiUe) 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) Polypore International, Inc., ) PUBLIC DOCUMENT
 

a corporation.
 ) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served the foregoing Subpoena 

Ad Testificandum via Certified Mail Return Receipt Requested upon: 

Mr. Alberto Perez 

Exide Technologies 

13000 Deerfield Parkway 

Building 200 

Alpharetta, GA 30004 

I hereby certify that on December 29, 2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Subpoena Ad 

Testificandum 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Subpoena Ad Testifcandum 

upon: 

J. 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 sdah~ftc.gov 

PPAB 1516732vl 
OJ~


Adam C. Shearer
 

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
 

2
 

PPAB 1516732vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

)
 In the Matter of
 ) 

) Docket No. 9327 

Polypore International, Inc., )
 a corporation. ) PUBLIC DOCUMENT
 

)
 

NOTICE OF DEPOSITION OF ALBERTO PEREZ 

PLEASE TAKE NOTICE that pursuant to Rules 3.33 and 3.34 of the Federal Trade 

Commission's Rules of Practice for Adjudicative Proceedings (16 C.F.R. §§ 3.33 and 3.34), 

Respondent Polypore International, Inc. ("Polypore"), wil take the deposition of Alberto Perez 

before a person authorized by law to administer oaths at the offices of Arnall Golden Gregory 

LLP, 171 17th Street NW, Suite 2100, Atlanta, GA 30363 on January 16,2009 at 9:00 a.m. The 

testimony wil be recorded by stenographic and/or video means.
 

Dated: December 29,2008 Respectfully Submitted, 

Wiliam L. Rikard, Jr. l:j-2J- l/~

Eric D. Welsh 

PARKR POE ADAMS & BERNSTEIN LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 335-9689 

williamrikard~parkerpoe.com 

ericwelsh~parkerpoe.com 

Attorneys for Respondent 

PPAB 1517858vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Polypore International, Inc., ) Docket No. 9327
 

a corporation.
 ) PUBLIC DOCUMENT 

) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Notice of Deposition 

of Alberto Perez 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Notice of Deposition of Alberto 

Perez upon: 

J. Robert Robertson, Esq. Steven Dahm, Esq.
 

Federal Trade Commission
 Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson~ftc.gov sdah~ftc.gov

C2e~ 

Adam C. Shearer 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9050 

PPAB 1517858vl 
SUBPOENA AD TESTIFICANDUM
 

Issued Pursuant to Rule 3.34(a)(1), 16 C.F.R. § 3.34(a)(1) (19,97) 

1. TO 

Mr. Pradeep Menon
 

Exide Technologies
 

13000 Deerfield Parkway
 

Building 200
 

Alpharetta, GA 30004 .
 

2. FROM 

UNTED STATES OF AMERICA
 

FEDERAL TRADE COMMISSION
 

This subpoena requires you to appear and give testimony, at the date and time specified in Item 5, at the request of Counsel listed in Item 8, in the proceeding described in Item 6. 

3. PLACE OF HEARING 

Arnall Golden Gregory LLP
 

171 17th Street, NW
 

Suite 2100
 

Atlanta, GA 30i63-1031
 

Phone: 404-873~8684
 

6. SUBJECT OF PROCEEDING 

In the Matter of Polypore International, Inc., Docket No. 9327 

7. ADMINISTRATIVE LAW JUDGE 

The Honorable D. Michael Chappell 

Federal Trade Commission 

Washington, D.C. 20580 

DATE ISSUED 

December 10, 2008 

4. YOUR APPEARANCE WILL BE BEFORE 

Counsel for Respondent and a person authorized


by law to administer oaths. 

5. DATE AND TIME OF HEARING OR DEPOSITION 

1/15/09 at 2:00 PM
 

8. COUNSEL REQUESTING SUBPOENA 

Eric D. Welsh . 

Three Wachovia Center
 

Suite 300
 

401 South Tryon Street
 

Charlotte, NC 2S202-1935
 

GENERAL INSTRUCTIONS 

APPEARANCE 

The delivery of this subpoena to you by any method 

prescribed by the Commission's Rules of Practice is legal service and may subject you tö a penalty 

imposed by law for failure to comply. 

MOTION TO liMIT OR QUASH 

The Commission's Rules of Practice require that any 

motion to limit or quash this subpoena be filed within 

the earlier of 10 days after service or the time for 

compliance. The original and ten copies of the petition 

musfbe fied with the 
 Secretary of the Federal Trade 

Commission, accompanied by an affidavit of service of 

the document upon counsel 
 listed in Item 8, and upon all other parties prescribed by the Rules of Practice. 

TRAVEL EXPENSES 

The Commission's Rules of Practice require that fees and 

mileage be paid by the part that requested your 

appearance. You should present your claim to Counsel 

listed in Item 8 for payment. If you are r;ermanently or 

temporarily living somewhere other than the address on 

this subpoena and itwould require excessive travel for 

you to appear, you must get prior approval from Counsel 

listed in Item 8. 

This subpoena does not require approval by OMS under 

the Paperwork Reduction Act of 1980. 

FTC Form 70-A (rev. 1/97) 
RETURN OF SERVICE
 

I hereby certify that a duplicate original of the within
 

subpoena was duly served: (check the method used)
 

o in person,
 

(" by registered mail.
 

o by leaving copy at principal office or place of business, to wit: 

on the person named herein on: 

(Month, day, and year) 

(Nam of person making service) 

(OlciaJ title) 
UNITEI) STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) Polypore International, Inc., ) PUBLIC DOCUMENT

a corporation. ) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served the foregoing Subpoena 

Ad Testificandum via Certified Mail Return Receipt Requested upon: 

Mr. Pradeep Menon 

Exide Technologies
 

13000 Deerfield Parkway 

Building 200 

Alpharetta, GA 30004 

I hereby certify that on December 29,2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Subpoena Ad
 

Testificandum 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Subpoena Ad Testifcandum 

upon: 

1. Robert Robertson, Esq. 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

rro bertson~ftc.gov 

Steven Dahm, Esq. 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

sdahm~ftc.gov 

PPAB 1516738vl 
C2~
 

Adam C. Shearer
 

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
 

2
 

PPAB 1516738vl 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERA TRAE COMMISSION
 

)
 In the Matter of
 ) 

) Docket No. 9327 

Polypore International, Inc., 

a corporation.	 )

) 

PUBLIC DOCUMENT
 

)
 

NOTICE OF DEPOSITION OF PRAEEP MENION 

PLEASE TAKE NOTICE that pursuant to Rules 3.33 and 3.34 of the Federal Trade 

Commission's Rules of Practice for Adjudicative Proceedings (16 C.F.R. §§ 3.33 and 3.34), 

Respondent Polypore International, Inc. ("Polypore"), wil take the deposition of Pradeep 

Menion before a person authorized by law to administer oaths at the offices of Arall Golden 

Gregory LLP, 171 17t1 Street NW, Suite 2100, Atlanta, GA 30363 on January 15,2009 at 2:00 

p.m. The testimony wil be recorded by stenographic and/or video means.
 

Dated: December 29,2008	 Respectfully Submitted, 

c~~ 

Wiliam L. Rik~d, 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 

willamrikard~parkerpoe.com 

ericwelsh~parkerpoe.com 

Attorneys for Respondent 

PPAB 1517840vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of )

Polypore International, Inc., ) Docket No. 9327 

a corporation. ) PUBLIC DOCUMENT 

) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Notice of Deposition
 

of Pradeep Menion 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Notice of Deposition of Pradeep 

Menion upon: 

J. 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 sdah~ftc.gov OLc~ 

Adam C. Shearer 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9050 

PPAB 1517840vl 
SUBPOENA AD TESTIFICANDUM
 

Issued Pursuant to Rule 3.34(a)(1), 16 C.F.R. § 3.34(a)(1) (1997) 

1. TO 

Mr. Douglas Gillespie
 

Exide Technologies
 

13000 Deerfield Parkway 

Building 200 

Alpharetta, GA 30004 . 

2. FROM 

liTED STATES OF AMEIDCA
 

FEDERAL TRADE COMMISSION 

This subpoena requires you to appear and give testimony, at the date and time specified in Item 5, at the 

request of Counsel listed in Item 8, in the proceeding described in Item 6. 

3. PLACE OF HEARING 

Árnall Golden Gregory LLP
 

171 17th Street NW
 

Suite 2100
 

Atlanta, GA 30363-1031
 

6. SUBJECT OF PROCEEDING 

In the Matter of Polypore International, Inc., Docket No. 9327 

7. ADMINISTRATIVE LAW JUDGE 

The Honorable D. Michael Chappell 

Federal Trade Commission 

Washington, D.C. 20580 

DATE ISSUED 

December 10, 2008 

APPEARANCE 

The delivery of this subpoena to you by any method 

prescribed by the Commission's Rules of Practice is 

legal service and may subject you tö a penalty 

imposed by law for failure to comply. 

MOTION TO LIMIT OR QUASH 

The Commission's Rules of Practice require that any 

motion to limit or quash this subpoena be filed within 

the earlier of 1 0 days after service or the time for 

compliance. The original and ten copies of the petition 

must be filed with the Secretary of the Federal Trade 

Commission, accompanied by 
 an affidavit of 
 service of the document upon counsel 
 listed in Item 8, and upon all other parties prescribed by the Rules of Practice. 

4. YOUR APPEARANCE WILL BE BEFORE 

Counsel for Respondent and a person authorized


by law to administer oaths. 

5. DATE AND TIME OF HEARING OR DEPOSITION 

1/15/09 at 9:00 AM
 

8. COUNSEL REQUESTING SUBPOENA 

Eric D. Welsh . 

Three Wachovia Center
 

Suite 300
 

401 South Tryon Street
 

Charlotte, NC 2S202-1935
 

TRAVEL EXPENSES 

The Commission's Rules,of Practice require that fees and 

mileage be paid by the part that requested your
 

appearance. You shoUld present your claim to Counsel 

listed in Item 8 for payment. If you are ¡;ermanently or 

temporarily living somewhere other than the address on 

this subpoena and it would require excessive travel for 

you to appear, you must get prior approval from Counsel' 

listed in Item 8. 

This subpoena does not require approval by OMS under 

the Paperwork Reduction Act of 1980. 

FTC Form 70-A (rev. 1/97) 
- --- - - ----- - - ------ -- - -- -- --

- --- - - --- - ---- --- - --------- -- ---- - - - - --

--- -- - -- --- --- ---------- ---- ---- - - - - - --

- -- --- - - ----- - -- - ---- ------- -- - - -- - - - --

RETURN OF SERVICE 

I hereby certify that a duplicate original of the within 

subpoena was duly served: (check the method used)
 

o in person.
 

o by registered mail.
 

o by leaving copy at principal offce or place of business, to wit: 

on the person named herein on: 

(Month, day, and year) 

(Name of person making service) 

(Oficial tide) 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) Polypore International, Inc., ) PUBLIC DOCUMENT

a corporation. ) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served the foregoing Subpoena 

Ad Testificandum via Certified Mail Return Receipt Requested upon: 

Mr. Douglas Gilespie
 

Exide Technologies
 

13000 Deerfield Parkway 

Building 200 

Alpharetta, GA 30004 

I hereby certify that on December 29,2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Subpoena Ad 

Testificandum 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Subpoena Ad Testifcandum 

upon: 

1. Robert Robertson, Esq. 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

rrobertson~ftc. gov 

Steven Dah, Esq. 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

sdah~ftc. gov 

PPAB 1516736vl 
(J~
 Adam C. Shearer 

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
 

2
 

PPAB 1516736vl 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERA TRAE COMMISSION
 

) In the Matter of ) 

) Docket No. 9327 

Polypore International, Inc., )
 a corporation. ) PUBLIC DOCUMENT
 

)
 

NOTICE OF DEPOSITION OF DOUGLAS GILLESPIE 

PLEASE TAKE NOTICE that pursuant to Rules 3.33 and 3.34 of the Federal Trade 

Commission's Rules of Practice for Adjudicative Proceedings (16 C.F.R. §§ 3.33 and 3.34), 

Respondent Polypore Intern~tional, Inc. ("Polypore"), wil take the deposition of Douglas 

Gilespie before a person authorized by law to administer oaths at the offices of Arnall Golden 

Gregory LLP, 171 1ih Street NW, Suite 2100, Atlanta, GA 30363 on January 15,2009 at 9:00 

a.m. The testimony will be recorded by stenographic and/or video means. 

Dated: December 29,2008 Respectfully Submitted, 

Còv~ 

Wiliam L. Rikar , 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 

Attorneys for Respondent 

PPAB 1517826vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Polypore International, Inc., ) Docket No. 9327 

a corporation. ) PUBLIC DOCUMENT 

) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Notice of Deposition 

of Douglas Gilespie 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Notice of Deposition of Douglas 

Gilespie upon:
 

J. Robert Robertson, Esq. Steven Dahm, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson~ftc.gov sdah~ftc.gov

W-er~ 

Adam C. Shearer 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9050
 

PPAB 1517826vl 
SUBPOENA AD TESTIFICANDUM
 

Issued Pursuant to Rule 3.34(a)(1), 16 C.F.R. § 3.34(a)(1) (1997) 

1. TO 

Mr. Gordon A. Ulsh
 

President and Chief Executive Officer
 

Exide Technologies
 

13000 DeeI;f;i-ald Parkway 

Building 200
 

Alpharetta, GA 30004
 

2, FROM 

UNTED STATES OF AMERICA
 

FEDERAL TRADE COMMISSION
 

This subpoena requires 
 you to appear and give testimony, at the date and time specified in Item 5, at the request of Counsel listed in Item 8, in the proceeding described in Item 6. 

3. PLACE OF HEARING 

Arnall Golden Gregory LLP
 

171 17th Street, NW
 

Suite 2100
 

Atlanta, GA 30363-1031
 

Phone: 404-873-8684
 

6. SUBJECT OF PROCEEDING 

In the Matter of Polypore International, Inc., Docket No. 9327 

7. ADMINISTRATIVE LAW JUDGE 

The Honorable D. Michael Chappell 

Federal Trade Commission 

Washington, D.C. 20580 

DATE ISSUED. 

December 10, 2008 

4. YOUR APPEARANCE WILL BE BEFORE 

Counsel for Respondent and a person authorizèd


by law to administer oaths. 

5. DATE AND TIME OF HEARING OR DEPOSITION 

1/16/09 at 2:00 PM
 

8. COUNSEL REQUESTING SUBPOENA 

Eric D. Welsh . 

Three Wachovia Center
 

Suite 300
 

401 SmIth Tryon Street 

Charlotte, NC 28202-1935 

GENERAL INSTRUCTIONS 

APPEARANCE
 

The delivery of this subpoena to you by any method
 

prescribed by the Commission's Rules of Practice is
 

legal service and may subject you tö a penalty
 

imposed by law for failure to comply.
 

MOTION TO LIMIT OR QUASH 

The Commission's Rules of Practice require that any 

motion to limit or quash this subpoena be filed within 

the earlier of 10 days after service or 
 the time for 

complia.nce. The original and ten copies of the petition 

must be fied with the Secretary of the Federal Trade 

Commission, accompanied by. an affidavit of 
 service of the document upon counsel 
 listed in Item 8, and upon all other parties prescribed by the Rules of Practice. 

TRAVEL EXPENSES 

The Commission's Rules.of Practice require that fees and 

mileage be paid by the part that requested your 

appearance. You.should present your claim to Counsel 

listed in Item 8 for payment. If you arefièrmanently or 

temporarily living somewhere other than: the address on 

this subpoena and itwould require excessive travel for 

you to appear, you must get prior approval from Counsel 

listed in Item 8. 

This subpoena does not require approval by OMS under 

the Paperwork Reduction. Act of 1980. 

FTC Form 70-A (rev. 1/97) 
- - - - - - -- - --- -- - - - --- - -- -- - -- - ---- -- - - --

- - - - -- -- --- - - --- ----- --- -- - - - - -- -- - - - --

- -- - -- ----- -- - -- ----- -- ----- -- ---- -- - --

RETURN OF SERVICE
 

I hereby certify that a duplicate original of the within
 

subpoena was duly served: (check the method used)
 

o in person.
 

o by registered mail.
 

o by leaving copy at principal office or place of business, to wit: 

on the person named herein on: 

(Month, day, and year) 

(Name of person makng servce) 

(Ofciallide) 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) Polypore International, Inc., ) PUBLIC DOCUMENT

a corporation. ) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served the foregoing Subpoena 

Ad Testificandum via Certified Mail Retur Receipt Requested upon: 

Mr. Gordon A. Ulsh 

President and Chief Executive Officer 

Exide Technologies 

13000 Deerfield Parkway 

Building 200 

Alpharetta, GA 30004 

I hereby certify that on December 29,2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Subpoena Ad 

Testificandum 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Subpoena Ad Testifcandum 

upon: 

J. Robert Robertson, Esq. 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

rrobertson~ftc.gov 

Steven Dah, Esq. 

Federal Trade Commission 

600 Pennsylvana Avenue, NW 

Washington, DC 20580 

sdah~ftc. gov 

PPAB 1516747vl 
(J~
 Adam C. Shearer 

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
 

2
 

PPAB 1516747vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

) In the Matter of ) 

) Docket No. 9327 Polyp ore International, Inc.,
 

a corporation. )

) 

PUBLIC DOCUMENT
 

)
 

NOTICE OF DEPOSITION OF GORDON ULSH 

PLEASE TAKE NOTICE that pur~uant to Rules 3.33 and 3.34 of the Federal Trade 

Commission's Rules of Practice for Adjudicative Proceedings (16 C.F.R. §§ 3.33 and 3.34), 

Respondent Polypore International, Inc. ("Polypore"), wil take the deposition of Gordon Ulsh 

before a person authorized by law to administer oaths at the offices of Arnall Golden Gregory 

LLP, 171 17th Street NW, Suite 2100, Atlanta, GA 30363 on January 16,2009 at 2:00 p.m. The 

testimony wil be recorded by stenographic and/or video means.
 

Dated: December 29,2008 Respectfully Submitted, 

Wiliam L. Rikard, Jr. C-J, V~

Eric D. Welsh 

PARKR 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 

Attorneys for Respondent 

PPAB 1517875vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Polypore International, Inc., ) Docket No. 9327
 

a corporation.
 ) PUBLIC DOCUMENT 

) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Notice of Deposition
 

of Gordon Ulsh 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Notice of Deposition of Gordon 

Ulsh upon: 

J. Robert Robertson, Esq. Steven Dahm, Esq.
 

Federal Trade Commission
 Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson~ftc.gov sdah~ftc.gov Cle~ 

Adam C. Shearer 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9050 

PPAB 1517875vl 
SUBPOENA AD TESTIFICANDUM 

Issued Pursuant to Rul.e 3.34(a)(1), 16 C.F.R. § 3.34(a)(1) (1997) 

1. TO 2. FROM 

Exide Technologies
 

13000 Deerfield Parkway
 

Building 200
 UNTED STATES OF AMERICA 

Alpharetta, GA 30004
 FEDERAL TRADE COMMISSION 

This subpoena requires you to appear and give testimony, at the date and time specified in Item 5, at the 

request of Counsel listed in Item 8, in the proceeding described in Item 6. 

3. PLACE OF HEARING 

Arnall Golden Gregory LLP
 

171 17th Street NW
 

Suite 2100
 

Atlanta, GA 30363-1031
 

Phone: 404-873-8684
 

6. SUBJECT OF PROCEEDING 

4. YOUR APPEARANCE WILL BE BEFORE 

Counsel for Respondent and a person authorized


by läw to administer oaths. 

5. DATE AND TIME OF HEARING OR DEPOSITION 

1/14/09 at 9:00 AM
 

In the Matter of Polypore International, Inc., Docket No. 9327 

Please designate and provide witnesses to testify on the subj ects identified in the
 

attached schedule.
 

7. ADMINISTRATIVE LAW JUDGE 

The Honorable D. Michael Chappell 

Federal Trade Commission 

Washington, D.C. 20580 

DATE ISSUED
 

December 10, 2008 

GENERAL INSTRUCTIONS 

APPEARANCE 

The delivery of this subpoena to you by any method 

prescribed by the Commission's Rules of Practice is 

legal seNiceand may subject you tö a penalty 

imposed by law for failure to comply. 

MOTION TO LIMIT OR QUASH 

The Commission's Rules of Practice require that any 

motion to limit or quash this subpoena be filed within 

the earlier of 10 days after seNice or the time for 

compliance. The original and ten copies of the petition 

must be fied with the Secretary of the Federal Trade 

Commission, accompanied by. an affdavit of seNice of 

the document upon counsel 
 listed in Item 8, and upon aU other parties prescribed by the Rules of Practice. 

FTC Form 70-A (rev. 1/97) 

8. COUNSEL REQUESTING SUBPOENA 

Eric D. Welsh . 

Three Wachovia Center
 

Suite 300
 

401 South Tryon Street
 

Charlotte, NC 2S202-1935
 

~)9

TRAVEL EXPENSES 

The Commission's Riilesof Practice require that fees and 

mileage be. paid by the part that requested your 

appearance. You should present your claim to COl,nsel
 

listed in Item 8 for payment. If you are permanently or 

temporarily living somewhere other than: the address on 

this subpoena and it would require excessive travel for 

you to appear, you must get prior approval from Counsel 

listed in Item 8. 

This subpoena does not require approval by OMB under 

the Paperwork Reduction Act of 1980. 
- -- -- -- - - --- - - -- ---- - - - - - - --

- - -- - --- -- -- --- - -- - -- - - - -- --

- -- --- -- - -- -- - -- -- - - - - - - ----

- -- - - - -- - -- -- - - - --- - -- - - - ---

- - - - - - - - ---- - - -- -- - - - - - - - - -- ---- - - -- - --

- - - - - - - - - -- - - -- --- ----- --- - - - --- -- - -- --

-- - - --- -- ---- ---------- --- -- - - ---- - - - --

RETURN OF SERVICE
 

I hereby certify that a duplicate original of the within
 

subpoena was duly seived: (check the method used)
 

o in person,
 

C' by registered mail. 

o by leaving copy at principal office or place of business, to wit: 

on the person named herein on: 

(Month, day, and year) 

(Nam of person mang servce) 

(OIcial title) 
SCHEDULE
 

1. Purchases of lead acid battery separators by Exide Technologies ("Exide") from any 

supplier during the period of January 1, 2003 to the present. 

2. Any actual or potential contract between Exide and Polypore International, Inc., 

including Daramic, LLC ("Polypore"), Mircroporous Products L.P. ("Microporous"), 

Entek International LLC ("Entek") or any other manufacturer of lead acid battery 

separators from January 1, 2003 to the present, including the related contractual 

negotiations. 

3. The contractual relationship between Exide and Polypore, including but not limited to 

communications related to cost surcharges or changes in pricing. 

4. Any contractual relationship between Exide and Microporous, including but not limited 

to communications related to cost surcharges or changes in pricing. 

5. Any communication or negotiation between Exide and Microporous related to any 

memorandum of understanding regarding the manufacture, purchase or sale of battery 

separators. 

6. Exide's sale of the Corydon facility and any expression of interest of any third pary in 

such sale. 

7. Any contractual relationship between Exide and Entek or any other manufacturer of lead 

acid battery separators (excluding Polypore and Microporous), including but not limited 

to communications related to cost surcharges or changes in pricing. 

8. Exide's knowledge of or consideration of possible suppliers of lead acid battery 

separators throughout the world. 

9. Any consideration by Exide of either sponsoring expansion efforts of a lead acid battery 

separator manufacturer or itself producing or manufactuing lead acid battery separators. 

10. Testing or qualification by Exide or anyone on behalf of Exide of lead acid battery 

separators. 

11. Exide's consideration of alternative technology or substitutes to lead acid battery
 

separators manufactured by Polypore, including AGM separators. 

12. The actual or potential acquisition of 
 Microporous by Polypore (the "acquisition"). 

13. The actual, potential or perceived effect on Exide business of an acquisition of 

Microporous by Polypore. 

14. Communications between Exide and the Federal Trade Commission regarding the 

acquisition or Polypore. 

PPAB 1516099vl 
15. Any actual or potential barier to entry for suppliers or manufacturers of 
 lead acid battery separators, including without limitation cost of entry or achieving minimal viable scale in 

(a) North America and (b) the World. 

16. Any actual or potential ownership interest of Exide in any joint venture or other entity 

that manufactures lead acid battery separators. 

17. Exide's response and production of documents in response to Polypore's subpoena
 

duces tecum in this matter. 

2 

PPAB 1516099vl 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

In the Matter of ) Docket No. 9327 

) Polypore International, Inc., ) PUBLIC DOCUMENT 

a corporation. ) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served the foregoing Subpoena 

Ad Testificandum via Certified Mail Return Receipt Requested upon: 

Exide Technologies
 

13000 Deerfield Parkway 

Building 200 

Alpharetta,GA 30004
 

I hereby certify that on December 29, 2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Subpoena Ad
 

Testificandum 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Subpoena Ad Testifcandum 

upon: 

J. Robeii 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 sdah~ftc.gov 

PPAB 1516740vl 
atL~
 

Adam C. Shearer
 

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
 

2
 

PPAB 1516740vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

) In the Matter of )
 

) Docket No. 9327
 

Polypore International, Inc.,
 

a corporation.	 )

) 

PUBLIC DOCUMENT
 

)
 

NOTICE OF DEPOSITION OF EXIDE TECHNOLOGIES 

PLEASE TAKE NOTICE that pursuant to Rules 3.33 and 3.34 of the Federal Trade 

Commission's Rules of Practice for Adjudicative Proceedings (16 C.F.R. §§ 3.33 and 3.34), 

Respondent Polypore International, Inc. ("Polypore"), wil take the deposition of Exide
 

Technologies on subjects identified on the attached schedule before a person authorized by law 

to administer oaths at the offces of Arnall Golden Gregory LLP, 171 17th Street NW, Suite 

2100, Atlanta, GA 30363 on January 14,2009 at 9:00 a.m. The testimony wil be recorded by 

stenographic and/or video means. 

Dated: December 29,2008	 Respectfully Submitted, 

~tk~~ 

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 

Attorneys for Respondent 

PPAB 1517880vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Polypore International, Inc., ) Docket No. 9327 

a corporation. ) PUBLIC DOCUMENT 

) 

CERTIFICATE OF SERVICE 

I hereby certify that on December 29,2008, I caused to be served one copy via electronic 

mail delivery and two copies via overnght mail delivery of the foregoing Notice of Deposition 

of Exide Technologies 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 December 29, 2008, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Notice of Deposition of Exide 

Technologies upon: 

J. Robert Robertson, Esq. Steven Dahm, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson~ftc.gov sdah~ftc. gov CL~~ 

Adam C. Shearer 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9050 

PPAB 1517880vl 
SCHEDULE
 

1. Purchases of lead acid battery separators by Exide Technologies ("Exide") from any 

supplier during the period of January 1,2003 to the present. 

2. Any actual or potential contract between Exide and Polypore International, Inc., 

including Daramic, LLC ("Polypore"), Mircroporous Products L.P. ("Microporous"), 

Entek International LLC ("Entek") or any other manufactuer of lead acid battery 

separators from January 1, 2003 to the present, including the related contractual 

negotiations. 

3. The contractual relationship between Exide and Polypore, including but not limited to 

communications related to cost surcharges or changes in pricing. 

4. Any contractual relationship between Exide and Microporous, including but not limited 

to communications related to cost surcharges or changes in pricing. 

5. Any communication or negotiation between Exide and Microporous related to any 

memorandum of understanding regarding the manufacture, purchase or sale of battery 

separators. 

6. Exide's sale of the Corydon facility and any expression of interest of any third party in 

such sale. 

7. Any contractual relationship between Exide and Entek or any other manufacturer of lead 

acid battery separators (excluding Polypore and Microporous), including but not limited 

to communications related to cost surcharges or changes in pricing. 

8. Exide's knowledge of or consideration of possible suppliers of lead acid battery 

separators throughout the world. 

9. Any consideration by Exide of either sponsoring expansion efforts of a lead acid battery 

separator manufacturer or itself producing or manufacturing lead acid battery separators. 

10. Testing or qualification by Exide or anyone on behalf of Exide of lead acid battery 

separators. 

11. Exide's consideration of alternative technology or substitutes to lead acid battery
 

separators manufactured by Polypore, including AGM separators. 

12. The actual or potential acquisition of 
 Microporous by Polypore (the "acquisition"). 

13. The actual, potential or perceived effect on Exide business of an acquisition of 

Microporous by Polypore. 

14. Communications between Exide and the Federal Trade Commission regarding the 

acquisition or Polypore. 

PPAB 1516099vl 
15. Any actual or potential barier to entry for suppliers or manufacturers of lead acid battery 

separators, including without limitation cost of entry or achieving minimal viable scale in 

(a) North America and (b) the World. . 

16. Any actual or potential ownership interest of Exide in any joint venture or other entity 

that manufactures lead acid battery separators. 

17. Exide's response and production of documents in response to Polypore's subpoena
 

duces tecum in this matter. 

2 

PPAB 1516099vl