SmartSky Networks’ legal efforts to block the manufacture, use, and sale of Gogo 5G while a patent infringement lawsuit against the in-flight connectivity provider awaits trial, the U.S. Court of Appeals for the Federal Circuit ruled in a previous Delaware District Court decision. It was dismissed this week as the verdict was upheld. Denying SmartSky’s motion for preliminary injunction against Gogo.
Both Gogo and SmartSky provide air-to-ground (ATG) cell tower-based in-flight connectivity to CONUS business aircraft operators, with existing Gogo coverage extending into Canada. SmartSky abruptly changed tack in 2016 after Gogo had been trying to acquire more licensed spectrum for years and launched his Gogo 5G using unlicensed spectrum. claims to have copied his SmartSky approach. claims that Gogo’s upcoming 5G IFC product tramples on some of its patents. irreparable harm.
“[W]The district court concludes that it did not abuse its discretion in finding that SmartSky failed to meet its burden of establishing the possibility of irreparable harm. “We have considered SmartSky’s remaining arguments and find them to be unpersuasive,” the Federal Circuit said in a Jan. 31 ruling that upheld the district court’s decision. “For these reasons, we affirm that the district court denied SmartSky’s motion for a preliminary injunction.”
SmartSky was unable to persuade a court to issue a preliminary injunction blocking Gogo’s 5G sales, but the Morrisville, North Carolina-based company is eyeing a broader patent infringement lawsuit against Gogo that will go to trial in April 2025. ing.
A SmartSky spokesperson told RGN: “SmartSky is confident in this litigation and is eager for the trial to proceed as scheduled.”
The company has previously acknowledged that it was a long shot to obtain a preliminary injunction against Gogo ahead of the trial. Yesterday, it noted that the appellate judgment was based solely on the issue of irreparable harm and “does not address any claims of SmartSky’s patent infringement at this preliminary stage of the litigation.”
Following the Federal Circuit’s ruling, Gogo CEO Oakley Thorne assured the market that the publicly traded company “continues to vigorously defend Gogo against SmartSky’s patent infringement claims.” .
He added: “We remain steadfast in our belief that we do not infringe the patents at issue, and we look forward to ultimately prevailing.” We remain focused on the successful launch of Gogo 5G and delivering improved performance to our business aviation customers in 2024 and beyond. ”
However, the Gogo 5G program has faced chip design issues and has struggled with delays. Gogo said late last year that it planned to begin shipping products to North American customers in the third quarter of 2024, pending resolution of the issue.
It’s not immediately clear whether Gogo is still considering shipping 5G in-flight connectivity hardware in the third quarter. A Gogo spokesperson did not address RGN’s request for an update.
Delays in the 5G program may have been factored into the Federal Circuit’s decision. “With respect to Gogo’s 5G network, we believe that SmartSky’s claims of lost sales are unpersuasive. SmartSky itself acknowledges that Gogo’s 5G network has not been released,” the court said in its ruling. states.
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Featured image credit to istock.com/Ryan Fletcher
