In the Matter of 

ECM BioFilms, Inc., 

ORIGINAL 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

DOCKET NO. 9358 

a corporation, also d/b/a 

Enviroplastics International, 

Respondent. 

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ORDER ON RESPONDENT'S RENEWED 

MOTION FOR IN CAMERA TREATMENT 

I. 

PUBLIC 

By Order dated July 23, 2014, Respondent's July 9, 2014 Motion for In Camera Treatment 

was denied without prejudice. The July 23 Order explained the standards for in camera treatment. 

On July 31, 2014, Respondent filed a renewed Motion for In Camera Treatment ("Motion"). 

Complaint Counsel filed an Opposition on August 1, 2014 ("Opposition"). For the reasons set forth 

below, Respondent's Motion is GRANTED IN PART and DENIED IN PART. 

II. 

Respondent seeks in camera treatment for a narrow set of documents that the parties intend 

to introduce at trial. Of the over 1,200 potential exhibits identified by the parties, Respondent seeks 

in camera treatment for 28 documents that ECM asserts .contain truly confidential information, such 

as customer lists, financial information, personal information, and business strategy. Respondent's 

Motion is supported by an Affidavit of Robert Sinclair, President and CEO ofECM BioFilms, Inc. 

("Sinclair Affidavit"), who reviewed the documents and averred that the documents subject to 

Respondent's motion contain information that will likely result in a serious and clearly defined 

injury to ECM if disclosed publicly. Complaint Counsel opposes Respondent's Motion, though has 

consented to some of Respondent's requests for in camera treatment for select excerpts of certain 

documents. 

III. 

Having reviewed the Motion, Affidavit, Opposition, and proposed exhibits, and applied the 

standards for in camera treatment explained in the July 23, 2014 Order, Respondent's Motion is 

GRANTED IN PART and DENIED IN PART as set forth below: 
A. 

In camera treatment for a period oftlrree years, to expire on August 1, 2017, is GRANTED 

for the following exhibits: RX.l32, RX330 and RX331. 

In camera treatment for a period of five years, to expire on August 1, 2019, is GRANTED 

for: CCX234. 

B. 

With respect to the following documents, only certain portions of the exhibits contain 

information subject to in camera treatment. 

In camera treatment for a period ofthree years, to expire on August 1, 2017, is GRANTED 

for portions of the following exhibits: CCX305, CCX322, CCX392, CCX395, CCX408, CCX410, 

CCX413, CCX414, CCX416, CCX417, CCX418, CCX420, CCX421, CCX422 and CCX423 . 

In camera treatment for a period of five years, to expire on August 1, 2019, is GRANTED 

for portions ofthe following exhibits: CCX419, CCX429 and RX130. 

For each of these exhibits, Respondent shall create a public version, labeled, for example, 

CCX408-A, that redacts, in the manner described in Respondent's Motion, the sensitive commercial 

information from each of these exhibits. 

c. 

With respect to CCX676, Respondent's Motion is DENIED. 

D. 

With respect to the deposition transcripts, although Respondent has narrowed its request to 

only specific portions of the transcripts, with the one exception noted below, none of the excerpts 

for which Respondent seeks in camera treatment meets Commission's strict standards for in camera 

treatment. Accordingly, in camera treatment for a period of five years, to expire on August l, 2019, 

is GRANTED only to CCX818: 161:23-167:10. With respect to all other deposition transcript 

excerpts, Respondent's request is DENIED. 

Respondent shall create a public version of this exhibit, labeled CCX818-A, that redacts the 

sensitive commercial information appearing at page 161, line 23 through page167, linelO. 

ORDERED: 

Date: August 4, 2014 

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