Despite securing a victory in a patent infringement lawsuit concerning 5G air-to-ground (ATG) technology, SmartSky Networks, has announced it will not seek an injunction to halt Gogo’s 5G ATG deployment across the United States. The announcement was made November 25.
Instead, the now-defunct aviation connectivity startup intends to pursue ongoing royalties for Gogo’s utilization of the patented ATG technology. This decision follows a federal jury's ruling that found Gogo liable for infringement and awarded $22.7 million in damages. According to a source familiar with the situation, SmartSky is actively preparing further legal action to define and claim these ongoing royalties. The initial lawsuit dates back to 2020, prior to SmartSky's financial difficulties that led to the sale of its assets and patents to the software company Apcela.
Gogo, on the other hand, has declared its intention to “pursue all available legal remedies,” which includes post-trial motions and appeals. While Gogo expressed disagreement with the verdict, the in-flight connectivity provider stated that “it has no impact on our operations or the pending launch of our 5G service." The company affirmed its commitment to "delivering multi-orbit, multi-band in-flight connectivity technology and creating long-term value for our stakeholders," as it works toward a full resolution of the matter.
According to a company spokesperson, Gogo is moving forward with plans to seek approval from the Federal Aviation Administration as it nears the completion of flight tests for the software that will enable aircraft to connect to the company’s network of terrestrial cellular towers. This software is designed to operate on airborne systems already certified with Gogo’s earlier 4G chip. Gogo reports that approximately 400 aircraft have already been pre-provisioned for the 5G service, reflecting an increase of 100 from three months prior, indicating market readiness for rapid upgrade cycles pending FAA approvals.
In addition to its terrestrial ATG network, Gogo utilizes satellite capacity leased from Eutelsat’s low Earth orbit OneWeb constellation, as well as from geostationary operators SES and Viasat, to provide global coverage for business aviation aircraft operating outside the range of U.S. cell towers. Gogo expanded its satellite connectivity portfolio through the acquisition of Satcom Direct late last year. This strategic move aimed to enhance global service capabilities and customer support infrastructure. The acquisition integrated additional satellite communications hardware, airtime services, and network-management tools under Gogo’s management as it prepares to integrate 5G ATG with its multi-orbit satellite network. Gogo’s multi-spectrum approach allows for the combination or assignment of different networks based on specific needs. High-demand users have the option to utilize a higher-capacity Ka-band link, while others can connect via Ku-band or ATG service. Multiple networks can operate concurrently to maximize the total data available onboard.