Gogo’s legal victory at the end of September allows the company to continue selling its new Gogo 5G network, even as SmartSky believes it will succeed with an appeal to have the injunction reinstated. The ruling also saved the company a few million dollars.
Six months ago SmartSky triumphed in defending a key patent from challenge by Gogo. Now the upstart is going on the offensive, challenging the Gogo 5G offering violates at least four of its patents.
SmartSky scored a legal victory this week with the US Patent Office declining to institute an inter partes review of U.S. Patent No. 9,312,947 (“the ‘947 patent”), a challenge lodged by Gogo in April. The ruling at this stage is based on the USPTO’s believe that Gogo “has not demonstrated a reasonable likelihood of prevailing in demonstrating that at least one challenged claim of the ’947 patent is unpatentable over the prior art of record.” As a result, the issue won’t even make it to a formal hearing for review.
When Gogo filed for a review of a key SmartSky patent in April the upstart inflight connectivity company vowed to defend its intellectual property portfolio. At its core, SmartSky’s position is that Gogo chose to redefine the term “Software Defined Radio.” SkartSky also posits that much of the petition is redundant to evidence previously considered in the initial application review.
As it developed a new, high-speed, terrestrial inflight communications platform SmartSky also worked diligently to develop a broad intellectual property portfolio. The company hit 150 patents issued in January 2020 and even hosts a separate website dedicated to tracking the portfolio. The patents are intended, among other things, to help the company fend off competition […]