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Appellate Court Upholds District Court Denial of SmartSky’s Attempt to Prevent Gogo Business Aviation from Selling its 5G Solution

BROOMFIELD, Colo. – Gogo Business Aviation (NASDAQ: GOGO) today announced that the United States Court of Appeals for the Federal Circuit has upheld the decision by the United States District Court for the District of Delaware denying SmartSky Networks’ motion for preliminary injunction against Gogo Business Aviation to keep it from selling its Gogo 5G product.

The Delaware court found that SmartSky failed to establish that it is likely to succeed on the merits of its claims, and that it is likely to suffer irreparable harm if a preliminary injunction is not granted. The reviewing court—the Federal Circuit—affirmed that decision.

“The District Court found that SmartSky failed to establish that it is likely to succeed on the merits of its claims, and we agree,” said Oakleigh Thorne, Gogo’s CEO.  “We will continue to vigorously defend Gogo against SmartSky’s patent infringement claims. We remain steadfast in our belief that we do not infringe upon the patents in question and expect to ultimately prevail. We remain focused on successfully launching Gogo 5G and delivering improved performance for our business aviation customers in 2024 and beyond.”

About Gogo
Gogo is the world’s largest provider of broadband connectivity services for the business aviation market. We offer a customizable suite of smart cabin systems for highly integrated connectivity, in-flight entertainment, and voice solutions. Gogo’s products and services are installed on thousands of business aircraft of all sizes and mission types from turboprops to the largest global jets, and are utilized by the largest fractional ownership operators, charter operators, corporate flight departments and individuals.

As of Sept. 30, 2023, Gogo reported 7,150 business aircraft flying with its broadband ATG systems onboard, 3,784 of which are flying with a Gogo AVANCE L5 or L3 system; and 4,395 aircraft with narrowband satellite connectivity installed. Connect with us at www.gogoair.com.