SmartSky Alleges Harms of Gogo’s New In-Flight 5G at Fed. Cir.

A Federal Circuit panel wrestled Monday with whether Gogo Business Aviation LLC’s forthcoming 5G network for airplane passengers is publicly available to the extent that its operations could harm competitor SmartSky Networks LLC.

During an oral argument session, Judge Tiffany P. Cunningham pressed SmartSky attorney Ryan Corbett on his understanding of Gogo’s current status, as SmartSky seeks to overturn a Delaware district court order allowing the company to launch its 5G in-flight internet service amid patent infringement claims.

“That’s an error that the district court made, when it found harm to SmartSky is not imminent because the 5G network has ...