; (B) informational materials; and (C) training classes and materials. . II Targeting Rogue and Opaque Letters 201. Definitions In this title: (1) Bad faith The term bad faith means, with respect to section 202(a), that the sender— (A) made knowingly false or knowingly misleading statements, representations, or omissions; (B) made statements, representations, or omissions with reckless indifference as to the false or misleading nature of such statements, representations, or omissions; or (C) made statements, representations, or omissions with awareness of the high probability of the statements, representations, or omissions to deceive and the sender intentionally avoided the truth. (2) Commission The term Commission means the Federal Trade Commission. (3) Final determination The term final determination means, with respect to the invalidity or unenforceability of a patent, that the invalidity or unenforceability has been determined by a court of the United States or the United States Patent and Trademark Office in a final decision that is unappealable or for which any opportunity for appeal is no longer available. 202. Unfair or deceptive acts or practices in connection with the assertion of a United States patent (a) In general It shall be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ) for a person, in connection with the assertion of a United States patent, to engage in a pattern or practice of sending written communications that state or represent that the recipients are or may be infringing, or have or may have infringed, the patent and bear liability or owe compensation to another, if— (1) the sender of the communications, in bad faith, states or represents in the communications that— (A) the sender is a person with the right to license or enforce the patent at the time the communications are sent, and the sender is not a person with such a right