; (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.