Gogo and SmartSky in-flight internet services are entrenched in a legal dispute that has lasted 18 months so far. In October 2022, SmartSky appealed to get the phrase “a communication link continuous and uninterrupted in time” defined by the court. PAXEX.AERO reported that this week, a ruling in a patent infringement lawsuit favored SmartSky, whereas previous rulings favored Gogo.
“The interpretations of these pivotal terms in the patents clearly support SmartSky’s novel and unique inventions, confirming our position that Gogo 5G is infringing,” said David Helfgott, CEO of SmartSky.
Previous rulings included an interpretation of the data link that required a “soft handoff” (i,e,. a technique in which a cellular user is switched to another base station before breaking the connection with an existing base station) or “make before break” link. Based on the recent ruling, hard handoffs will be considered “uninterrupted” for the purposes of the litigation, reported PAXEX.AERO. The parties also disputed the “wedge-shaped radiation pattern for the signals as transmitted from the base station radios,” and the court sided in favor of SmartSky.
In light of the ruling, Gogo’s Director of Communications and Public Relations, Dave Mellin, said, “Gogo denies infringement and believes SmartSky’s patents are invalid. Gogo will continue to defend itself vigorously against SmartSky’s allegations and pursue its offensive patent claims against SmartSky.”
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