Gogo Loses SmartSky Lawsuit, Plans To Appeal $23M Award

A jury returned a verdict in the patent lawsuit filed by SmartSky Networks against Gogo on Friday, awarding SmartSky $22.7 million in damages for willful infringement of SmartSky’s patents. Gogo operates an air-to-ground (ATG) connectivity network in the continental U.S. and parts of Canada, and SmartSky launched a competing ATG network that failed to gain traction and shut down in August 2024. In October, Apcela, which built the ATG ground network for SmartSky and acquired SmartSky assets, relaunched the service as Apcela ATG.

The 2022 lawsuit accused Gogo of infringing on patents surrounding beamforming handoff, unlicensed band beamforming handoff, horizon-oriented architecture, and harmonious spectrum reuse. At the time, SmartSky also filed a motion for a preliminary injunction seeking to halt Gogo from making, using, or selling its 5G service while the patent lawsuit made its way through the courts.

Gogo is about to launch its 5G service after lengthy delays due to problems sourcing key microchips needed for the airborne equipment. In a statement about the jury verdict, Gogo said, “While we disagree with today’s verdict, it has no impact on our operations or the pending launch of our 5G service. As we work to resolve this matter fully, Gogo remains committed to delivering multi-orbit, multi-band in-flight connectivity technology and creating long-term value for our stakeholders.”

Gogo indicated that it disagrees with the outcome of the trial and plans to appeal. “From the outset, we have maintained that Gogo’s independently developed 5G technology does not infringe SmartSky’s asserted patents, and their claims of patent protection are invalid. We believe that the evidence supports our conclusion and that this litigation is an attempt to stifle legitimate competition and innovation in the aviation connectivity industry. We have strong grounds for appeal on both liability and damages, and we will vigorously pursue all available legal remedies, including post-trial motions and appeals.”

Apcela CEO Mark Casey told AIN, “The Apcela acquisition of the SmartSky ATG network includes a worldwide license to these same key patents. We are obviously pleased that the validity of these patents has been upheld, particularly relative to Gogo’s 5G plans.”

Blackrock is the major creditor for SmartSky, and if the verdict holds, it will be repaid, with any remaining proceeds going to unsecured creditors, Casey explained.