Gogo Inc. (NASDAQ: GOGO) announced on December 29, 2025, that its 5G air-to-ground (ATG) connectivity network is ready to serve customers in North America. After successful completion of in-flight testing and validation, Gogo officially launched the service and onboarded its first paying customer.
Chris Moore, CEO of Gogo, expressed: “We talk a lot about milestones, and this is really an exceptional one for Gogo.” Gogo reported its 5G network delivered broadband speeds of more than 80 Mbps download and 20 Mbps upload during testing, allowing for in-flight streaming and internet browsing simultaneously.
Gogo achieved this important milestone after several challenges and delays. Gogo initially targeted a 2021 launch, but was forced to push back its delivery date due to a variety of factors, including the global pandemic, supply chain issues, and a patent infringement lawsuit filed by its competitor, SmartSky Networks, LLC.
The 2022 lawsuit alleged that Gogo developed its 5G network based on SmartSky’s patented technology, which allows for an ATG network to use unlicensed spectrum bands with improved performance. The complaint further alleged that after years of trying to acquire more licensed spectrum to satisfy increasing demand, Gogo abruptly switched course to SmartSky’s patented approach for using unlicensed spectrum.
Notably, SmartSky sought a preliminary injunction to prevent Gogo from continuing to develop its 5G technology. Gogo scored important wins on this front, as the district court denied the preliminary injunction in September 2022 and the Federal Circuit affirmed the denial in January 2024.
The Federal Circuit concluded that SmartSky failed to prove it would suffer irreparable harm without an injunction. Gogo’s 5G service was not yet operational, hindering SmartSky’s ability to definitively show an impact on its business. The decision allowed Gogo to proceed with development and commercial rollout pending the outcome of the patent dispute.
Not long after the Federal Circuit ruling, SmartSky officially ceased operations in August 2024. SmartSky cited a failure to secure necessary financing as the main reason for its abrupt closure.
In November 2025, a Delaware jury found that Gogo’s 5G technology willfully infringed valid patents held by SmartSky. The jury awarded SmartSky $22.7 million in damages. Gogo announced it disagrees with the outcome and plans to appeal.
Patent owners should be aware that competitors may be cleared to continue developing an allegedly infringing technology, if the patent owner cannot show it will suffer irreparable harm and secure a preliminary injunction at an early stage of a patent infringement dispute. For example, a competitor may decide it is worth the risk of damages, including damages for willful infringement, to continue developing and marketing a potentially infringing product. Without an preliminary injunction halting its continued development efforts, Gogo was able to outlast SmartSky during a long-running and costly legal battle and emerge as the dominant player in the 5G ATG network.
It is important to note, however, that patents can still remain valuable assets even if a company ceases operations. Even though SmartSky ceased operations, the jury verdict and potential running royalties on Gogo’s future revenue remain as a path for recovering value.
In October 2024, Apcela acquired the SmartSky network infrastructure and a global license to SmartSky’s patents, announcing plans to offer its own ATG network. In October 2025, Apcela announced that it had completed upgrades to the former SmartSky network.
It remains to be seen how this longstanding “aerial battle” will be resolved. Gogo maintains that its “independently developed 5G technology does not infringe SmartSky’s asserted patents, and their claims of patent protection are invalid,” and plans to “vigorously pursue all available legal remedies, including post-trial motions and appeals.” SmartSky also filed a separate antitrust lawsuit against Gogo in December 2024 seeking up to $1 billion in damages, opening up another front in this dispute between two key players in the ATG connectivity space.
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