A US jury has ordered in-flight connectivity provider Gogo to pay $22.7m (£17.8m) in damages after finding it had wilfully infringed patents held by rival SmartSky Networks.
The verdict, delivered on Friday, concludes a lawsuit filed in 2022 in which SmartSky accused Gogo of unlawfully using its patented technologies for air-to-ground (ATG) broadband services.
The disputed patents covered areas including beamforming handoff, unlicensed-band beamforming, horizon-oriented architecture, and spectrum reuse — all central to next-generation ATG connectivity.
SmartSky launched its own ATG network in the US but shut down operations in August 2024 after struggling to gain commercial traction.
Its ground-network partner Apcela later acquired parts of the business and relaunched the service under the name Apcela ATG.
Gogo, which provides in-flight connectivity across the continental US and parts of Canada, is preparing to introduce its long-delayed 5G service, which had been pushed back due to supply issues affecting key aircraft hardware.
In a statement following the ruling, 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.”
The company confirmed it will appeal the decision.
Despite the damages award, the verdict does not halt Gogo’s ability to roll out its 5G network, nor does it impose operational restrictions while the legal process continues.
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Ryan Stone, who cofounded and led SmartSky Networks said: “As SmartSky has long maintained and demonstrated in practice, its patented technology has now been proven, in court, as the key to unlock unlicensed spectrum for ATG use.
Attorney Rodger Smith, of Morris Nichols, who argued the case for SmartSky said: “It is a big win for SmartSky and the patent system, demonstrating how patents can help protect the rights of smaller inventors, even in markets dominated by large competitors, which benefits everyone and helps to drive innovation.”
In addition to the $22.7 million reasonable royalty for past damages, SmartSky intends to seek enhanced damages based on the jury’s willfulness finding, as well as a running royalty for Gogo’s continuing infringements of SmartSky’s “ ‘639 patent” and its “ ‘077 patent,” which do not expire until 2033 and
2035, respectively.
SmartSky originally sued Gogo for patent infringement in February 2022, in the US District Court in Delaware after Gogo began selling a product marketed as “Gogo 5G” that was covered by SmartSky’s patents.
Prior to that, Gogo had long held a dominant position for ATG connectivity in the business aviation marketplace through its exclusive federal license of 3 MHz of radio frequency spectrum.