Gogo competitor’s suit alleges patent infringement on 5G jet service

A previous version of this story incorrectly reported that SmartSky’s products are not yet commercially available. The products became available in late 2021. BizWest regrets the error. 

BROOMFIELD — A North Carolina-based competitor to Gogo Inc. (Nasdaq: GOGO), which operates a Broomfield-based business aviation unit dedicated to rolling out the first inflight 5G internet service for private planes, is crying foul and accusing Gogo of infringing on four of its patents. 

SmartSky Networks LLC sued Gogo late last month in U.S. District Court in Delaware, asking a judge to issue an injunction and immediately halt Gogo’s ability to develop or sell its 5G product while the case is adjudicated. 

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The plaintiff’s complaint, full of highly technical language, essentially accuses Gogo of copying SmartSky’s patented technology related to the transmission of data between antenna coverage areas and systems that allow for the use of unlicensed radio frequencies.

This isn’t the first time the two competitors have clashed over patents.

Gogo brought a complaint against SmartSky in 2020, but the U.S Patent and Trademark Office declined to review it, deeming Gogo unlikely to prevail.

“It’s now 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,” SmartSky president Ryan Stone said in a prepared statement. “After Gogo lost its pre-emptive 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.” 

SmartSky’s products became available last year and the company said it spent more than $100 million developing its air-to-ground connectivity services. 

Gogo, in an emailed statement to BizWest, denied SmartSky’s allegations. 

“Gogo previously completed a thorough review of SmartSky’s patent portfolio, including each of the four patents at issue in the complaint, with support from its engineering team and outside patent counsel,” a Gogo spokesman said. “Based on that review, Gogo believes that SmartSky’s claims are entirely without merit. Gogo intends to vigorously defend itself against these allegations and remains committed to an on time rollout of its 5G platform later this year.”

The case was filed Feb. 28, in U.S. District Court for the District of Delaware. 

It is SmartSky Networks, LLC v. Gogo Business Aviation, LLC, case number 1:22-cv-00266-UNA.