Following denial on September 26 of SmartSky Networks’ motion for a preliminary injunction against Gogo Business Aviation’s 5G air-to-ground connectivity network, SmartSky has appealed that decision. Gogo’s 5G network is expected to go live later this year, and the company is working with partners on 5G upgrade programs for aircraft already equipped with its Avance L5 system.
In its appeal filed today, SmartSky is asking the Federal Circuit to reconsider the preliminary injunction decision. SmartSky had asked the court to prevent Gogo from selling 5G services because it believes that Gogo is infringing SmartSky patents.
“SmartSky contends that multiple material legal and factual errors in last month’s opinion from the Delaware District Court merit further review by a three-judge panel of the U.S. Court of Appeals for the Federal Circuit,” the company said in a release issued today.
“A preliminary injunction is an extraordinary measure, and this is an extraordinary case of infringement,” said SmartSky CEO Dave Helfgott. “Patent holder rights must be respected, or else big monopolies will continue to try and strangle innovation out of their marketplace.”
The case continues with SmartSky planning to file appeal briefs later this year. The company expects a ruling by the Court of Appeals in the second or third quarter of 2023, but it also expects the underlying infringement case to proceed in Delaware District Court.