SmartSky won’t block Gogo 5G air-to-ground network despite legal win

TAMPA, Fla. — SmartSky Networks does not plan to seek an injunction to block Gogo’s 5G air-to-ground (ATG) rollout across the United States, despite prevailing in a patent-infringement lawsuit tied to the technology.

The now-defunct aviation connectivity startup said Nov. 25 it would instead seek ongoing royalties for Gogo’s use of the patented ATG technology, after a federal jury last week found Gogo liable for infringement and awarded $22.7 million in damages.

A source close to the matter said SmartSky is preparing additional legal action to specify and pursue those ongoing royalties.

The lawsuit was originally filed in 2020, before SmartSky ran out of cash and sold assets and patents to software firm Apcela.

Meanwhile, Gogo has vowed to “pursue all available legal remedies,” including post-trial motions and appeals.

While Gogo disagrees with the verdict, the in-flight connectivity provider said “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.”

5G rollout proceeding toward FAA approvals

A company spokesperson said Gogo is preparing to apply for Federal Aviation Administration approval as it nears the end of flight tests for software that enables aircraft to connect to the company’s network of terrestrial cellular towers. 

The software would run on airborne systems that are already certified with Gogo’s earlier 4G chip.

Gogo said about 400 aircraft have been pre-provisioned for the 5G service, 100 more than three months ago in a sign the market is preparing for rapid upgrade cycles once FAA approvals are granted.

Satellite backbone

Alongside its terrestrial ATG network, Gogo leases satellite capacity from Eutelsat’s low Earth orbit OneWeb constellation and from geostationary operators SES and Viasat to provide global coverage for business aviation aircraft flying outside the range of U.S. cell towers.

Gogo expanded its satellite connectivity portfolio late last year by acquiring Satcom Direct, a move aimed at strengthening global service capabilities and customer support infrastructure.

The acquisition brought additional satellite communications hardware, airtime services and network-management tools under Gogo’s umbrella as it prepares to integrate 5G ATG with its multi-orbit satellite network.

Gogo’s multi-spectrum approach also allows different networks to be combined or assigned based on specific needs. High-demand users can draw on a higher-capacity Ka-band link while others connect over Ku-band or ATG service, and multiple networks can operate simultaneously to increase the total data available onboard.