A federal jury in the United States has ordered Gogo Business Aviation to pay $22.7 million to SmartSky Networks after finding that Gogo infringed a series of SmartSky patents tied to air-to-ground (ATG) connectivity and 5G in-flight Wi-Fi. The verdict, issued in the US District Court for the District of Delaware, marks a major development in a long-running dispute between the two rivals in the business aviation connectivity market. Gogo said it plans to appeal.
SmartSky, which ceased operations in August 2024, filed the original lawsuit in 2022, accusing Gogo of using its patented approach for delivering broadband to aircraft over unlicensed spectrum. The patents at issue cover technologies such as beamforming handoff, unlicensed band beamforming handoff, horizon-oriented architecture, and methods designed to reuse spectrum efficiently for ATG service.
“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,” SmartSky co-founder Ryan Stone said following the verdict.
The patents central to the case do not expire until 2033 and 2035, and SmartSky said it will seek enhanced damages as well as a running royalty on what it describes as Gogo’s “continuing infringements.” The company argues that Gogo relied on SmartSky’s inventions to support its own 5G service, which is nearing launch after delays linked to microchip sourcing issues.
Gogo strongly disputed the jury’s findings and said it plans a “vigorous” appeal.
“We are disappointed with today’s verdict and respectfully disagree with the outcome,” Gogo said in a statement. “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.”
The company added that it views the verdict as an attempt to limit legitimate market competition and said the ruling will not affect ongoing business operations or the rollout of its planned 5G service. “Gogo remains committed to delivering multi-orbit, multi-band in-flight connectivity technology and creating long-term value for our stakeholders,” the company said.
Gogo began life in 1991 when founder Jimmy Ray sketched the idea for an affordable air-to-ground communications system for private aircraft on a napkin at a barbecue restaurant in Denison, Texas. Originally operating under the name Aircell, the company provided analog voice services to general aviation. Over time it evolved into a major provider of in-flight Wi-Fi and connectivity, partnering with airlines in the US by the late 2000s. In 2014 it re-branded its business aviation division as Gogo Business Aviation. In December 2020, Gogo sold its commercial airline connectivity business to Intelsat and pivoted to focus exclusively on business aviation services.
The ruling resolves only one part of the broader legal fight between the two companies. SmartSky has a separate antitrust lawsuit pending in federal court in North Carolina, where it is seeking up to $1 billion in damages. That complaint alleges that Gogo engaged in monopolistic and abusive practices in the ATG connectivity market, harming SmartSky’s ability to compete. SmartSky’s original filing claimed that Gogo used its dominant position to slow the company’s entry into the market and undermine its commercial viability.
Apcela, which acquired SmartSky’s ATG assets in 2024 and relaunched the service under its own brand, said it holds a worldwide license to the same patents upheld in the case and welcomed the verdict.