Gogo faces $22.7 million damages in patent infringement case

A federal jury awarded SmartSky Networks approximately $22.7 million in damages after finding that Gogo Inc. (NASDAQ: GOGO) willfully infringed four patents related to air-to-ground internet connectivity technology.

The eight-person jury reached a unanimous verdict on November 21 following a five-day trial in U.S. District Court in Delaware. The jury determined that Gogo infringed patents covering SmartSky's air-to-ground connectivity system that operates in unlicensed radio frequency spectrum.

The litigation began in February 2022 when SmartSky sued Gogo over its "Gogo 5G" product, which SmartSky claimed used its patented technology. The jury found willful infringement on seven patent claims across four patents in three patent families issued by the U.S. Patent and Trademark Office.

SmartSky's patents describe an inflight air-to-ground solution using 60 MHz of unlicensed spectrum in the 2.4 GHz band. The jury also upheld the validity of SmartSky's patents, rejecting Gogo's claims that they were invalid.

SmartSky indicated it plans to seek enhanced damages based on the willfulness finding and ongoing royalties for continued infringement of two patents that expire in 2033 and 2035.

Gogo previously held a dominant position in business aviation air-to-ground connectivity through an exclusive federal license for 3 MHz of radio frequency spectrum. The case concluded after more than three years of litigation.

The damages award represents a reasonable royalty for past infringement of SmartSky's technology, according to the court proceedings.

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