Subsection (2) does not apply to any of the following:
(a) A patent notification of an institution of higher education or of a technology 9
transfer organization that is owned, controlled, or operated by, or associated with, 10
an institution of higher education.
(b) A patent notification attempting to enforce or assert a right in connection 12
with a patent or pending patent on a device, or a component of that device, that is
subject to approval by the federal food and drug administration or the federal 2
department of agriculture.
(c) A patent notification attempting to enforce or assert a right arising under 435 USC 271
(e) (2) or 42 USC 262