A federal judge in Delaware has vacated a $22.7 million damages award against Gogo Business Aviation, finding that SmartSky Networks did not prove it was entitled to damages. The September 30 ruling overturns the jury’s damages determination in a patent dispute that began in 2022; it does not describe the jury’s separate infringement finding as having been overturned.
Gogo said the U.S. District Court for the District of Delaware set aside the jury’s $22.7 million damages award and denied SmartSky’s requests for enhanced damages, ongoing royalties and interest, according to a statement distributed via GlobeNewswire. Gogo said the court found that SmartSky had not established recoverable damages and that the award rested on assumptions inconsistent with the case record. The September 30 ruling remains subject to appeal.
As reported by Law360, the judge criticized SmartSky’s damages presentation as “numerical mumbo jumbo.” The ruling removes the jury’s damages award, rather than recasting the dispute as a decision on the infringement finding.
How the Jury Got There
SmartSky sued Gogo for patent infringement in February 2022, after Gogo began selling a product marketed as Gogo 5G, according to the same account. An eight-person jury later found unanimously that Gogo willfully infringed four SmartSky patents covering an inflight air-to-ground connectivity system. On November 21, 2025, the jury determined that SmartSky was owed approximately $22.7 million in past damages, as Bloomberg Law reported.
Gogo’s product plans
Publicly documented product context includes a September 16, 2024 announcement that Gogo’s multi-year agreement with Airshare included an option to install Gogo 5G, according to Gogo’s press room. The announcement documents a product option but does not explain how air-to-ground and satellite connectivity differ.
The September ruling changes the financial outcome of that jury determination: the court set aside the entire damages award, rather than reducing its amount.
Gogo's Next Move
Gogo said it plans to seek a final resolution of the litigation.
Gogo is based in Broomfield, Colorado.
