Files Suit Seeking Injunction to Halt Gogo 5G Technology, Says Multiple Patents Used Without License

SmartSky Networks have filed a patent infringement lawsuit against Gogo Business Aviation in an effort to halt sales of its 5G in-flight products. 

The affected equipment include their banner 5G product, the AVANCE L5, as well as Gogo X3 and the system's attendant antennas. SmartSky has sought a preliminary injunction, asking the court to halt sales, production, and use of Gogo's 5G network kit while the case proceeds in court. The complaint argues that Gogo, fresh off a loss against SmartSky over a similar patent issue in 2020, quickly and surprisingly pivoted from its original plans to operate on acquired, licensed spectrum to the use of unlicensed spectra just in time to open its 5G internet service. They assert that Gogo has leveraged their near complete ownership of the inflight internet market to imitate SmartSky's patented systems while the smaller product began to get off the ground. 

SmartSky alleges that their patented technology is openly in use by the rival company, and that Gogo jumped the gun and beat the smaller upstart to market by using their own patents against them. SmartSky president Ryan Stone said it's "clear that Gogo is openly using our patented technology to mimic the service we launched last year in an effort to maintain its virtual monopoly for inflight connectivity. After Gogo lost its preemptive 2020 validity challenge to one of our now asserted patents, rather than take the high road, it instead brazenly proceeded with its Gogo 5G plans.  Gogo is unlawfully attempting to use SmartSky's own inventions to stifle SmartSky's ability to enter the market and compete. We're asking the court to put a stop to Gogo's willful infringement immediately." 

They describe their air-to-ground internet connectivity service as "ten times better than Gogo's legacy service", and, despite the apparent simplicity of their graphic outlining their patented tech, it cost nearly $100 million over the last decade to complete it. (And with whiz-bang buzzwords like "beamforming" and "horizon-looking technology" how could it NOT cost $100 million?) SmartSky's decision to forego licensed frequencies that would add considerable cost and delay in reaching the market, they decided to use the common 2.4GHz band as they deployed an extensive network across the continental US. They maintain that 4 specific, niche applications of directed beam signals and handoff have been used by Gogo, taken from their collection of patents without authorization. To keep track of the state of the suit, they have opened a section of their website with additional detail. 

FMI: www.SmartSkyNetworks.com