Research Triangle, NC, January 31, 2024 – In response to the Federal Circuit Court of Appeals decision today, which did not reverse a District Court denial of a preliminary injunction, SmartSky reaffirms the merits of its patent infringement case against Gogo Business Aviation originally filed in February of 2022. The appellate decision was based solely on the issue of irreparable harm and did not address any of SmartSky’s patent infringement claims at this preliminary stage of the case.
A preliminary injunction is an extraordinary measure because it stops a company from using and selling stolen patented technology during the pendency of the case. While preliminary injunctions are rarely granted, SmartSky was compelled to seek such extraordinary relief given Gogo’s egregious infringement.
In July of 2022, SmartSky announced the nationwide availability of its inflight internet network based on groundbreaking, patented technology that significantly outperforms any other previous or currently available air-to-ground solution in North America. In contrast, since 2008 Gogo has announced plans for at least four upgrades to its 3G-based technology. After failing to follow-through on those, it abruptly announced in 2016 that it was changing course, and instead chose to market and sell Gogo 5G, a product that is substantially similar to SmartSky’s air-to-ground network. Gogo’s actions are a clear, obvious, and willful infringement, even if the Gogo 5G network is still inactive as noted by the Court of Appeals.
SmartSky continues to expect it will be fully vindicated in its patent rights claims as the case moves forward and expects to secure a permanent injunction and substantial damages as a result of the trial scheduled for April 2025.
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