SmartSky is evaluating further legal options after a U.S. District Court in Delaware set aside a jury’s $22.7 million past-damages award against Gogo Business Aviation for infringing four patents covering air-to-ground inflight connectivity technology. The court upheld findings that Gogo infringed the patents wilfully, but denied SmartSky’s requests for enhanced damages, leaving the company without the jury’s monetary award for now.
The ruling rejected Gogo’s attempts to invalidate the patents and its inequitable-conduct defence. SmartSky’s position on infringement, wilfulness, patent validity and inequitable conduct therefore remains intact, although the court found that the evidence did not support the jury’s damages calculation. SmartSky is considering what relief may remain available, including potential appellate action.
Two key patents at issue remain in force until 2033 and 2035. SmartSky developed its U.S. ATG network to compete with Gogo, but the network shut down on 16 August 2024. Apcela, which built the network’s U.S. tower infrastructure, has since revived the system. The court’s decision removes the immediate damages recovery while preserving findings that could shape the next stage of the dispute.