; or (BB) there is otherwise public notice regarding the applicability of the reference product described in item (aa). ; and (2) in paragraph (3)— (A) in subparagraph (A)(ii), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) the Secretary determines that the application fully complies with the requirements under paragraph (2)(A)(iii). . 3. Preventing the manipulative and deceptive use of inter partes review Section 10(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78j(b) ) is amended— (1) by inserting (1) after (b) ; and (2) by adding at the end the following: (2) For purposes of paragraph (1), a person shall be considered to be using a manipulative or deceptive device if— (A) the person, or an affiliate of the person, files a petition to institute an inter partes review under chapter 31 of title 35, United States Code, with respect to a patent; and (B) the person, or an affiliate of the person, during the 180-day period beginning on the date that is 90 days before the date on which the person files the petition described in subparagraph (A), engages in a short sale of any publicly traded security of the owner of the patent that is the subject of the petition. .