The Patent and Trademark Office’s decision to hear an inter partes review challenge isn’t reviewable on appeal, the Supreme Court ruled 7-2 Monday, siding with PTO. Justices Neil Gorsuch and Sonia Sotomayor dissented in Thryv v. Click-to-Call (18-916). Click-to-Call argued that courts should be able to review circumstances involving time limits for certain patent reviews. The case pertains to 35 U.S.C. §315(b). “Allowing §315(b) appeals would waste resources" spent on resolving patentability and would leave “bad patents enforceable,” Justice Ruth Bader Ginsburg wrote for the majority. Gorsuch said the decision “carries us another step down the road of ceding core judicial powers to agency officials and leaving the disposition of private rights and liberties to bureaucratic mercy.” The court let the agency override one of the America Invents Act’s “express limits on agency authority,” Click-to-Call attorney Daniel Geyser emailed. “It’s now a question for Congress to restore the judiciary’s traditional role in reviewing agency action and saying what the law is.”

IPTV service Nitro TV is "a brazen, large-scale copyright infringement operation, undertaken to maximize ill-gotten profits for as long as possible," content companies said Friday in a U.S. District Court in Los Angeles complaint (in Pacer), seeking an injunction. They said the web- and app-based subscription service carries thousands of unauthorized TV channels and movies. Amazon, AT&T, Comcast, Disney, Sony and ViacomCBS are suing. Also named as a defendant is Texan Alejandro Galindo, administrator of Nitro TV's Facebook group, and various John Does. Nitro TV didn't comment Monday.

Apple and U.K. music distributor Adasam are conspiring to sell downloads of pirated recordings in the iTunes store, alleged heirs to composers Harold Arlen, Ray Henderson and Harry Warren. Apple and Adasam “failed to obtain any license that would authorize them to reproduce, distribute, or sell the recordings,” said a complaint (in Pacer) Monday in U.S. District Court in San Francisco. “Adasam is operating a huge music piracy operation,” it said. “Apple had actual knowledge of, or willfully chose to ignore, the evidence of piracy, and participated in the infringement on a massive scale.” Defendants allegedly “are nothing more than modern tape pirates and their conduct constitutes willful copyright infringement,” it said. Attempts to reach the companies Tuesday were unsuccessful.

Vizio and its Chinese and Mexican suppliers are conspiring to infringe a dozen Sharp LCD patents through the import and sale of Vizio’s 705-G1 70-inch 4K TV, alleged Sharp’s Japanese parent company Tuesday in U.S. District Court in Santa Ana, California. Vizio is working hand in hand with Chinese panel maker Xianyang CaiHong Optoelectronics Technology, its Chinese OEM TPV and Trend Smart CE Mexico, TPV’s Tijuana TV assembly plant, to steal patents dating to 2005, alleged the complaint (in Pacer). Sharp’s intellectual property portfolio has more than 10,000 LCD patents and is “the backbone of Sharp’s commercial success,” it said. The 705-G1 has Dolby Vision, HDR10 and hybrid log-gamma HDR, and was selling Wednesday at Best Buy for $599. Sharp “will continue to suffer damages” unless the court “enjoins” the infringing activities or the patents expire, “whichever is sooner,” said the complaint. “Sharp is entitled to compensation for any continuing and/or future infringement.” Vizio and TPV didn’t comment Wednesday, nor did the Chinese panel maker.

A TiVo shareholder filed a complaint in U.S. District Court in Delaware seeking class-action status in the proposed Xperi/TiVo deal, announced in December. Tuesday's complaint (in Pacer) by Jordan Rosenblatt alleges a registration document filed with the SEC omits material information about the proposed $3.5 billion transaction, rendering the filing “false and misleading.” It seeks to stop the companies from completing the transaction until more information is provided. Shares of TiVo and Xperi stockholders would be converted into shares of a new parent company based on a fixed exchange ratio of 0.455 Xperi share per existing TiVo share. Xperi stockholders would own about 46.5%, TiVo stockholders 53.5% (see 1912190049). The companies didn’t comment Thursday.

DOJ Antitrust Division Competition Policy Section Chief David Lawrence noted the FCC cited “remarkable efficiencies” in T-Mobile’s proposed purchase of Sprint as among the reasons the commission approved the deal in October (see 1910160058), speaking at a Tuesday Incompas event (see 2003030064). Lawrence temporarily transferred to the commission as head of its T-Mobile/Sprint Transaction Task Force (see 1806270068). FCC engineers found “real complementarities between” the T-Mobile and Sprint networks, and the commission’s order approving the deal requires the two carriers to build out their combined network “to a tremendous swath of the country,” Lawrence said. He wouldn’t discuss DOJ’s separate review of T-Mobile/Sprint, saying the agencies’ merger reviews are usually very similar and “tend to be very long” and “very thorough.” Lawrence noted a belief that good antitrust policy “puts competition in control.” That approach is especially important to the telecom sector because it’s now “really at the heart” of the U.S. economy, he said. It's "the goose that lays the golden eggs,” with 5G now poised to “be the next golden egg,” Lawrence said. U.S. District Judge Victor Marrero ruled last month against states’ challenge to T-Mobile/Sprint (see 2002110026). The California Public Utilities Commission will vote on the deal April 16 (see 2002240053).

A 9th Circuit Court of Appeals panel affirmed a lower court ruling that Google’s YouTube is a private forum not subject to judicial scrutiny under the First Amendment (see 1803270011). It also agreed with the lower court decision in Prager University v. Google that YouTube’s advertising doesn’t violate the Lanham Act. Judge Margaret McKeown wrote the panel’s opinion (case 18-15712), published Wednesday. It was supported by fellow jurists Jay Bybee and Fernando Gaitan. Prager, an online university, said YouTube has restricted more than 200 of its videos. "The important issue of online censorship did not get a fair shake in court,” said CEO Marissa Streit. "We’re not done fighting for free speech and we will keep pushing forward."

The FCC asked the 9th U.S. Circuit Court of Appeals to transfer a lawsuit against its December RF safety order to the D.C. Circuit. Children’s Health Defense sued Feb. 3 at the 9th Circuit, three days after Environmental Health Trust and others petitioned the D.C. Circuit, the FCC said in a Wednesday motion (in Pacer) in case 20-70297. A Montgomery County, Maryland, suit against the FCC, which was consolidated with other local challenges against two older FCC infrastructure orders, also raised RF safety issues. Possible consolidation of RF cases came up at oral argument Monday in that case (see 2002100054).

The $1 billion copyright infringement jury verdict against Cox Communications (see 1912300025) is "wholly divorced from any possible injury to Plaintiffs ... or any conceivable deterrent purpose" and should be "substantially reduced" or Cox should get a new trial on damages, the cable ISP said in a docket 18-cv-00950 motion (in Pacer). It sought Friday a new trial in U.S. District Court in Alexandria, Virginia. Music-label plaintiffs didn't comment Monday.

Dish Network asked U.S. District Court in San Jose to “enforce” a “final judgment” ordering Albertis, a former Dish retailer in Puerto Rico, to pay the $92,731 arbitration award it owes the satellite TV company. Dish pursued arbitration after Albertis “garnered a significant amount of incentive payments” from Dish by submitting fraudulent reports making it appear that current and former customers were new subscribers, said Thursday's motion (in Pacer). Dish initiated the federal action in Denver to “confirm” the arbitration award it won, but Albertis “failed to make an appearance, file any responsive pleadings, or otherwise defend” itself, said Dish. Judge Daniel Domenico in Denver entered final judgment (in Pacer) in Dish’s favor Dec. 11. Attempts to reach Albertis representatives for comment Friday were unsuccessful.