Although the U.S. District Court for the District of Delaware found that Gogo willfully infringed SmartSky patents, SmartSky “offered no evidence to allow a jury to award damages,” the court wrote in its September 30 order, which SmartSky may appeal.
“There was also enough trial evidence for a jury to reasonably conclude that SmartSky’s patents are valid. However, there was not enough trial evidence to support SmartSky’s damages case,” the court concluded.
Gogo lost the patent lawsuit filed by SmartSky after a jury verdict in November 2025. The 2022 lawsuit accused Gogo of infringing on patents surrounding beamforming handoff, unlicensed band beamforming handoff, horizon-oriented architecture, and harmonious spectrum reuse.
“We are pleased that the court has overturned the jury’s $22.7 million damages award in its entirety,” Gogo said, “concluding that SmartSky failed to prove any recoverable damages and denying its requests for enhanced damages, ongoing royalties, and interest. In reaching that decision, the court found that SmartSky’s damages award was untethered to the evidentiary record, relying on assumptions that could not be reconciled with the facts of the case.
“This ruling represents a significant step in resolving this matter, and we look forward to bringing it to a full and final close so that we can return our sole focus to delivering multi-orbit, multi-band connectivity technology purpose-built for business and military/government mobility aviation customers.”
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