SmartSky Comments on Preliminary Injunction Mixed Decision Ruling

Research Triangle Park, NC, 27 September 2022 – The legal bar is high for a preliminary injunction and such procedural rulings are rarely granted. But it is a preliminary injunction, which by definition happens before the case is fully considered by the court on a complete record. Gogo CEO Oakleigh Thorne released a statement that is intentionally misleading or grossly misinformed, saying “This ruling supports our frequently stated position that Gogo is not infringing on any valid SmartSky patent” and referenced “SmartSky’s meritless patent infringement claims.” That is not what the court intended nor what its ruling said. Thorne is attempting to misappropriate and twist the court’s opinion to create a public narrative that Gogo has not used SmartSky’s patents to build their “5G” network. What the preliminary ruling does do, however, is allow SmartSky’s underlying case to continue.

The case against Gogo is clear: it could not have created the forthcoming Gogo 5G system without using SmartSky’s patented technology. SmartSky maintains the utmost confidence in the merits of its underlying patent infringement lawsuit against Gogo and will continue to vigorously defend its patent holder rights.

This decision does not change the reality that Gogo is illegally using SmartSky technology while ignoring potential damage to its customers, who may be left with inoperable systems when the case is ultimately decided in favor of SmartSky.

SmartSky is eager for the case to proceed expeditiously and will continue to serve its customers with the fastest and most reliable in-flight connectivity that is available, nationwide, for business jets today.

About SmartSky

SmartSky Networks was founded to transform aviation through disruptive communications technologies, services, and tools. Its innovative air-to-ground network is now available with nationwide coverage. The network takes advantage of patented spectrum reuse, advanced beamforming technologies and 60 MHz of spectrum for significantly enhanced connectivity. SmartSky Networks uniquely enables an “office in the sky” experience with unmatched capacity for data transmissions both to and from the aircraft. This real-time, very low latency, bidirectional data link makes SmartSky Networks the best in-flight user experience, and a key enabler for new and enhanced applications and services. For more information, visit

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