; and (iii) the Commission determines that the patentee improperly limited competition by obtaining patents described in subclause (I) or (II) of clause (i). (B) Factors to consider The Commission may establish that an action described in subparagraph (A) improperly limits competition if the Commission establishes a reasonable number of the following factors in a manner that is sufficient to demonstrate anticompetitive intent: (i) The additional patents described in subparagraph (A)(i) (referred to in this subparagraph as the additional patents ) stem from few patent families. (ii) The additional patents have common specifications. (iii) The additional patents did not issue on an application with respect to which a requirement for restriction under section 121 of title 35, United States Code, has been made, or on an application filed as a result of such a requirement. (iv) The additional patents have overlapping or identical claims. (v) The additional patents have been granted to the patentee on formulations or compositions of the product and not used. (vi) One or more of the additional patents have been invalidated in an inter partes review conducted under chapter 31 of title 35, United States Code, or a post-grant proceeding conducted under chapter 32 of that title. (vii) Litigation with applicants under section 351(k) of the Public Health Service Act has been extended based on the additional patents. (viii) The applications with respect to the additional patents described in subclause (I) or (II) of subparagraph (A)(i) are submitted not more than 36 months before the expiration of the underlying composition of matter patent. (ix) A public or internal statement, a shareholder call, or another demonstration of purpose that the patentee intended to use the number of patents or length of extended patent protection in order to unduly limit competition. (12) Reference product The term reference product has the meaning given the term in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ). (13) Target