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UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES

)
In the Matter of )
) Docket No. 9327
Polypore International, Inc., )
a corporation. )
)
CERTIFICATE OF SERVICE

Thereby certify that on June 1, 2009, I caused to be served via Overnight Courier
a true copy of the foregoing Non-Party Johnson Controls, Inc.’s Second Motion for In Camera
Treatment of Respondent’s Pursuant to FTC Rule 3.45 (Confidential Version) in the following
manner:

I am familiar with the office practice of Foley & Lardner LLP for collecting and
processing documents for overnight mail delivery by overnight courier or other express service
carrier. Under that practice, documents are deposited with the Foley & Lardner LLP personnel
responsible for depositing documents in a post office, mailbox, subpost office, substation, mail
chute, or other like facility regularly maintained for receipt of overnight mail by overnight
courier or other express service carrier; such documents are delivered for overnight mail delivery
by overnight courier or other express service carrier on that same day in the ordinary course of
business, with delivery fees thereon fully prepaid and/or provided for. I caused to be deposited
in Foley & Lardner LLP’s interoffice mail sealed envelopes or packages containing the
above-described documents and addressed as set forth below in accordance with the office
practices of Foley & Lardner LLP for collecting and processing documents for overnight mail
delivery by overnight courier or other express service carrier:

The Honorable D. Michael Chappell Steven A. Dahm
Administrative Law Judge Federal Trade Commission
Federal Trade Commission 601 New Jersey Avenue, NW
600 Pennsylvania Avenue, NW Washington, D.C. 20001-2018
Washington, D.C. 20580-0002 (1 copy)

(1 copy)

Eric D. Welsh J. Robert Robertson

William L. Rikard, Jr. Federal Trade Commission
Parker Poe Adams & Bernstein LLP 600 Pennsylvania Avenue, NW
401 South Tryon Street Washington, D.C. 20580-0002
Charlotte NC 28202 (1 copy)

(1 copy)

MILW_8784704.1


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UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES

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

a corporation. PUBLIC

Nee

DECLARATION OF RODGER M. HALL
RODGER M. HALL hereby declares as follows:

1. Tam currently employed by Johnson Controls, Inc. (JCI) as the Vice President Lead
Business for the Power Solutions Division. I make this Declaration based upon my own personal
knowledge and based on my review of the issues pertinent to this request for in camera
treatment. I make this Declaration in connection with Non-Party Johnson Controls, Inc.’s
Motion for in Camera Treatment of Respondent’s Exhibit R 41. A copy of Exhibit R-41 is
attached.

2. Ihave reviewed Exhibit R 41 for which JCI seeks in camera treatment. I am familiar
with the type of information contained in this document. I am also generally familiar with the
confidentiality protection afforded this type of information by JCI. Based upon my review of
this documents, my knowledge of JCI’s business, and my familiarity with the confidentiality
protection that JCI affords information of this type, it is my belief that the public disclosure of

this document’s information would cause serious competitive injury to JCI.

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Donald S. Clark, Secretary
Office of the Secretary

Federal Trade Commission

600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580-0002
(original and 3 copies)

Laura S. Kwaterski

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TRADE Co;
ORI G | NAL LSM coc
wae
UNITED STATES OF AMERICA SY9 We
FEDERAL TRADE COMMISSION

SECRETARY

OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of
Docket No. 9327

Polypore International, Inc.,
a corporation.

NON-PARTY JOHNSON CONTROLS, INC.’S SECOND MOTION FOR IV CAMERA
TREATMENT PURSUANT TO FTC RULE 3.45
SSE SSUANT TO FTC RULE 3.45

Non-Party Johnson Controls, Inc., by and through its undersigned counsel and

PUBLIC

pursuant to FTC Rule 3.45, hereby moves for in camera treatment of the document produced by
Johnson Controls, Inc. in this matter, labeled as Respondent’s Exhibit R-41. A copy of
Respondent’s Exhibit R-41 is attached to the Declaration of Rodger M. Hall. As explained more
fully below, this document is entitled to in camera treatment pursuant to FTC Rule 3.45 because
it contains confidential business Strategy and data so that public disclosure of this information
would result in serious competitive injury to JCI. Both Complaint Counsel and Respondent’s
Counsel have stated that they have no objection to the document being given in camera
treatment. The testimony concerning this document was conducted in camera on May 28, 2009.

BACKGROUND

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I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct. .

Executed this 24 day of May, wa Ya ell
+ Hall

odger



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CONCLUSION

For the foregoing reasons and for the reasons set forth in the declaration of Mr.
Rodger M. Hall filed concurrently with this Motion, Johnson Controls, Inc. respectfully requests
that the document labeled at Respondent’s Exhibit R-41 receive in camera treatment for a period
of five (5) years.
Dated: May 29, 2009 Respectfully submitted,

@)) T. McKeown

Laura S. Kwaterski

Counsel for Johnson Controls, Inc.
FOLEY & LARDNER LLP

777 E. Wisconsin Avenue
Milwaukee, WI 53202
414-297-5530

414-297-4900 (fax)
jmckeown@foley.com


UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES

)

In the Matter of )
) Docket No. 9327

Polypore International, Inc., )

a corporation. ) PUBLIC DOCUMENT
)
PROPOSED ORDER
AND NOW, this day of , 2009, upon consideration of Non-

Party Johnson Controls, Inc.’s Second Motion for In Camera Treatment Pursuant to FTC Rule
3.45, it is hereby ORDERED that Non-Party Johnson Controls, Inc.’s Motion is GRANTED and
Respondent’s Exhibit R-41 shall receive in camera treatment for a period of five (5) years.

IT IS SO ORDERED.

Dated this day of , 2009.

D. Michael Chappell
Administrative Law Judge


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