ORIGINAL 

UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

In the Matter of	 ) 

) 

) Docl~et No. 9327 

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

) 

) 

) 

RESPONDENT'S MOTION FOR OFFICIAL NOTICE OF RECENT ACQUISITION OF 

DOUGLAS BATTERY BY ENERSYS 

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

following motion pursuant to Rule 3.43(d) of 	 the Federal Trade Commission Rules for this Court 

to take Official Notice of a recent acquisition by EnerSys as anounced in a filing made by 

EnerSys with the United States Securities and Exchange Commission ("SEC"). i 

On January 14, 2010, EnerSys fied a Form 8-K with the SEC, attaching a press release 

discussing EnerSys' recent purchase of the industrial battery business from Douglas Battery 

Manufacturing Co. ("Douglas Battery"). A copy of EnerSys' Form 8-K is attached hereto as 

Exhibit A. This Court is permitted under FTC Rule 3.43(d) to take official notice of filings 

made with the Securities and Exchange Commission. See In re Rambus, 2003 WL 22064718 

(F.T.C. Aug. 27, 2003) (taking official notice of fiing of patents with the United States Patent 

and Trademark Office); see also Oran v. Stafford, 226 FJd 275,289 (3rd Cir. 2000) (court may 

Respondent makes this motion under FTC Rule 3.43(d) ofthe old rules as this action was initiated on 

September 8, 2008, prior to the publication of the amended rules in the Federal Register on January 5, 2009, Respondent submits 

that even under the amended rules, Respondent would stil be entitled to the relief requested, as the amended rules define "offcial 

notice" under the standard set by FRE 201(b). See FTC Rule 3.43(t). 
take judicial notice of filing made with the Securities and Exchange Commission under F.R.E. 

201(b)). 

As the Court wil recall, Respondent presented the testimony of Mr. James Douglas,
 

Executive Vice President of Douglas Battery, during the hearing on June 4, 2009 regarding, 

among other things, the consolidation that has occurred in the battery manufacturng industry in 

the United States. Respondent presented additional evidence to this Cour regarding the
 

consolidation of the battery manufacturing industry and EnerSys' size and position therein as a 

power buyer. 

Respondent respectfully submits that the attached is relevant to these issues. Respondent 

fuither respectfully submits that EnerSys' purchase of Douglas Battery's industrial battery 

business, announced on January 14,2010, is not subject to reasonable dispute in that such fact is 

capable of accurate and ready determination by resort to a review of EnerSys' filings made with 

the SEC whose accuracy cannot be reasonably questioned. See In re Basic Research, LLC,
 

2005 WL 3366978 (F.T.C. Dec. 5,2005). 

Respondent's Counsel conferred with Complaint Counsel over the telephone on Januar 

20, 2010 regarding this motion, and Complaint Counsel has stated that while he does not object 

to Respondent's filing this motion, he does not agree that the matter contained therein is relevant 

to matters before the Court. 

CONCLUSION 

For the foregoing reasons, Respondent respectfully requests that this Court take official 

Douglas Battery by EnerSys as set forth in the attached Form 

8-K, 

notice of the recent acquisition of 


2 
Dated: January 20, 2010 Respectfully Submitted, 

Wiliam L. Rikard, Jr. ttDW~

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) 334-4706 

wi1lamrikard~parkerpoe.com 

ericwelsh~parkerpoe.com 

John F. Graybeal 

PARKR POE ADAMS & BERNSTEIN LLP 

150 Fayettevile Street
 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

iohngraybeal~parkerpoe.com 

Attorneys for Respondent 

PPAB 1647960vl 
CERTIFICATE OF SERVICE
 

I hereby certify that on Januar 21, 2010, I caused to be fied via hand delivery and electronic mail 

delivery an original and two copies of the foregoing Respondent's Motion for Offcial Notice of Recent 

Acquisition of Douglas Batter by Enersys (Public) and that the electronic copy is a true and correct copy of the 

paper original and that a paper copy with an original signature is being fied with: 

Donald S. Clark, Secretary 

the Secretary 

Federal Trade Commission
 

600 Pennsylvania Avenue, NW, Rm. H-135
 

Washington, DC 20580
 

secretary~ftc.gov
 

Offce of 


I hereby certify that on January 21,2010, I caused to be served one copy via electronic mail delivery and 

two copies via overnight mail delivery of the foregoing Respondent's Motion for Offcial Notice of Recent 

Acquisition of Douglas Batter by Enersys (Public) upon: 

The Honorable D. Michael Chappell
 

Administrative Law Judge
 

Federal Trade Commission
 

600 Pennsylvania Avenue, NW
 

Washington, DC 20580
 

I hereby certify that on January 21, 2010, I caused to be served via first-class, mail delivery and 

electronic mail delivery a copy of the foregoing Respondent's Motion for Offcial Notice of Recent Acquisition 

of Douglas Batter by Enersys (Public) upon: 

J. Robert Robertson, Esq. Steven Dah, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania A venue, NW 600 Pennsylvania A venue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson~ftc.goV sdahm~ftc.gov 

Bri~~Jt#
 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 334-4706 

PPAB 1647960vl 
Exhibit A
 
8-K 1 rrd262947.htm PRESS RELEASE, DATED JANUARY 14,2010, REGARDING DOUGLAS TRANSACTION 

UNITED STATES
 

SECURITIES AND EXCHANGE COMMISSION
 

Washington, D.C. 20549
 

Form 8-K
 

CURRNT REPORT
 

Pursuant to Section 13 or 15( d) of the Securities Exchange Act of 1934
 

Date of Report (Date of earliest event reported): 01/14/2010
 

EnerSys 

(Exact name of registrant as specified in its charter) 

Commission File Number: 1-32253 

Delaware 23-3058564 

(IRS Employer (State or other jurisdiction of incorporation) Identification No.) 

2366 Bernvile Road, Reading, Pennsylvania 19605
 

(Address of principal executive offces, including zip code) 

(610) 208-1991
 

(Registrant's telephone number, including area code)
 

(Former name or former address, if changed since last report) 

Check the appropriate box below if the Form 8-K fiing is intended to simultaneously satisfy the fiing obligation of the registrant 

under any of the following provisions: 

I ) Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) 

( J Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) 

( J Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) 

13e-4(c)) ( J Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240. 

Item 7.01. Regulation FD Disclosure
 

On January 14,2010, EnerSys issued a press release announcing the purchase of certain assets and assumption of certain liabilties, of the 

Douglas Battery Manufacturing Company. For additional information, reference is made to the press release, which is 
 attached hereto as


Exhibit 99.1 and incorporated herein by reference. 

Item 9.01. Financial Statements and Exhibits
 

99.1 Press Release, dated January 14,2010, ofEnerSys regarding the Douglas Battery Manufacturing Company transaction. 

SIGNATURES 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf 

by the undersigned hereunto duly authorized. 

EnerSys 

Date: January 14,2010 By:	 Isl Richard W. Zuidema 

Richard W. Zuidema 

Executive Vice President - Administration & 

Secretary 
EXHIBIT INDEX 

Exhibit No. Description 

EX-99.1 Press Release, dated January 14,2010, ofEnerSys regarding the Douglas Battery Manufacturing Company transaction. 
EX-99.1 2 rrd262947_30879.htm PRESS RELEASE, DATED JANUARY 14,2010, OF ENERSYS REGARDING 

THE DOUGLAS BATTERY MANUFACTURIG COMPANY TRANSACTION. 

EnerSys Purchases Industrial Battery Business from Douglas Battery Manufacturing Co. 

Reading, Pa., January 14,2010 - EnerSys(ß (NYSE: ENS), the world's largest manufacturer, marketer and distributor of 

industrial batteries, announced that it has purchased the industrial battery business of Douglas Battery Manufacturing 

Co., headquartered in Winston-Salem, North Carolina for an undisclosed sum. Douglas Battery, which has been 

manufacturing and sellng industrial batteries and chargers since 1960, has a strong customer base with well developed 

marketing and distribution chanels, which EnerSys plans to keep intact. 

"The extensive breadth of EnerSys' product and service offerings is further enhanced by the purchase of Douglas 

Battery's industrial battery business," said John D. Craig, chairman, president and chief executive officer of EnerSys. 

"As we have demonstrated with our previous acquisitions, our strategy is to continue to build quality market share by 

Douglas Battery, combined with our recent 

acquisition ofOerlikon Battery, based in Switzerland, and our investment in Altergy Systems, a developer and 

manufacturer fuel cells, are projected to generate over $ 1 00 milion annually in new revenues for EnerSys. " 

acquiring companies which wil produce solid results. The acquisition of 


EnerSys wil maintain the Douglas Battery brand and designs for the line of industrial batteries and chargers, and wil 

retain the existing sales team, manufacturer's representatives and distributors. Douglas Battery Manufactuing Co. 

President Charles T. Douglas wil become the Douglas Battery brand's vice president of sales for EnerSys. 

high­ "Our family and employees have worked hard since the 1920s to establish the Douglas Battery brand as one of 


quality products and service," Dollglas said. "I am very pleased that EnerSys wil continue to use our brands and 

battery designs, and I am confident that the brand's high standards wil be maintained." 

ABOUT ENERSYS 

EnerSys, the world leader in stored energy solutions for industrial applications, manufactures and distributes reserve 

power and motive power batteries, chargers, power equipment, and battery accessories to customers worldwide. Motive 

power batteries are utilzed in electric fork trucks and other commercial electric powered vehicles. Reserve power 

batteries are used in the telecommunications and utilty industries, uninterrptible power suppliers, and numerous 

applications requiring standby power. The Company also provides aftermarket and customer support services to its 

customers from more than 100 countries through its sales and manufacturing locations around the world. More 

information regarding EnerSys can be found at ww.enersys.com. 

ABOUT DOUGLAS BATTERY 

Prior to this transaction with Enersys, Douglas Battery was one of the largest, privately owned battery manufacturers in 

the United States. Since 1921, Douglas Battery had maintained the reputation of producing and delivering the highest 

quality products in the industry, and has remained a customer-focused company that anticipates and responds to 

customers' needs. More information regarding Douglas Battery can be found at ww.douglasbattery.com. 

Caution Concerning Forward-Looking Statements 

This press release (and oral statements made regarding the subjects of 
 this release) contains forward-looking statements

the Private Securities Litigation Reform Act of 1995. These forward-looking statements may 

include, but are not limited to, (i) statements regarding EnerSys' plans, objectives, expectations and intentions and other 

statements contained in this press release that are not historical facts, including statements identified by words such as 

"expects," "anticipates," "intends," "plans," "believes," "seeks," "estimates," "wil" or words of similar meaning; and 

within the meaning of 


the acquisition of
 the Douglas Battery or Oerlikon Battery businesses or the (ii) statements about the benefis of 

investment in Altergy Systems, including any impact on our financial and operating results and estimates, and any 

impact on EnerSys' market position that may be realized from the acquisition. 

These forward-looking statements are based upon management's current beliefs or expectations and are inherently 

subject to significant business, economic, and competitive uncertainties and contingencies many of 
 which are beyond 

our control. Accordingly, EnerSys cannot guarantee their accuracy. The following factors, among others, could cause 

actual results to differ materially from those described in the forward-looking statements: (1) our abilty to successfully 

integrate the Douglas Battery or Oerlikon Battery businesses; (2) the possibilty that EnerSys may not realize revenue 

benefits from the acquired businesses within expected time frames; (3) operating costs and business disruption 

following the acquisition, including possible adverse effects on relationships with employees, may be greater than 

expected; and (4) competition may adversely affect the acquired businesses and result in customer loss. For a list of 

other factors which could affect EnerSys' results, including earnings estimates, see EnerSys' filings with the Securities 

and Exchange Commission, including "Item 2. Management's Discussion and Analysis of Financial Condition and 

Results of 
 Operations," including "Forward-Looking Statements," set forth in EnerSys' Quarterly Report on Form 10-Q 

for the fiscal quarer ended September 27,2009. The statements in this press release are made as of the date of this 

press release, even if subsequently made available by EnerSys on its website or otherwise. EnerSys does not undertake 

any obligation to update any forward-looking statement to reflect circumstances or events that occur after the date such 

forward-looking statement is made. No undue reliance should be placed on any forward-looking statements. 

For more information, contact Richard Zuidema, Executive Vice President, EnerSys, P.O. Box 14145, Reading, PA 

19612-4145, USA. Tel: 800-538-3627; Website: hnn://ww.enersy-s.com.