Can you have a continuous inflight internet connection, even when the link between an aircraft and the ground occasionally breaks? This question is one of several at the crux of the SmartSky/Gogo patent dispute. And as SmartSky appeals the ruling from earlier late last month denying it a preliminary injunction, this technical nuance takes the spotlight.
Patent holder rights must be respected, or else big monopolies will continue to try and strangle innovation out of their marketplace.
– Dave Helfgott, CEO of SmartSky
SmartSky’s appeal hinges on two factors, namely material errors in interpreting the technical details of the patent and the likelihood of ongoing, irreparable harm from allowing Gogo to continue selling the Gogo 5G solution. It notes that no hearing was held, despite the highly technical nature of the case.
In addressing the irreparable harm claim, SmartSky must convince the panel of judges hearing the appeal that even the testimony of one of its own experts “who concedes that the loss of equipment sales and service revenue associated with consumers choosing Gogo through the date of trial can be determined and quantified as damages” should not be sufficient to waylay its claims.
On the technical front, Gogo argues to the Court that it does not provide a continuous connection; the SmartSky patent repeatedly references continuous connections. There are, however, multiple ways to interpret what, precisely, a continuous connection is. Especially in the world of data communications.
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SmartSky expects intends to file its appeal brief later this year. A ruling by the appeal panel is expected sometime during the late spring or summer of 2023. In parallel, the underlying infringement case likely will also proceed as anticipated, with full discovery and continued action by the Delaware District Court.
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