Jury Finds Gogo Willfully Infringed SmartSky Patents and Awards $22.7 Million

Overview

• The Delaware verdict upheld the validity of four SmartSky patents after a five-day trial with an eight-person jury.
• The case centers on air-to-ground connectivity over unlicensed 2.4 GHz spectrum, including beamforming handoff and spectrum reuse methods.
• SmartSky says it will seek enhanced damages based on willfulness and a running royalty tied to patents expiring in 2033 and 2035.
• Gogo maintains its independently developed 5G technology does not infringe and says the ruling will not affect ongoing operations or its planned 5G rollout.
• SmartSky’s separate antitrust suit in North Carolina remains active and seeks up to $1 billion in damages.