SmartSky Networks filed a patent infringement lawsuit and is seeking a preliminary injunction to block Gogo Business Aviation from rolling out its 5G service. The lawsuit marks the latest turn in the disputes between SmartSky and Gogo, and another legal entanglement for the Morrisville, North Carolina-based developer of its own 5G network.

The SmartSky lawsuit alleges that Gogo is infringing on patents surrounding beamforming handoff, unlicensed band beamforming handoff, horizon-oriented architecture, and harmonious spectrum reuse, the company said. SmartSky additionally filed a motion for a preliminary injunction seeking to halt Gogo from making, using, or selling its 5G service while the patent lawsuit makes its way through the courts.

SmartSky is alleging that Gogo was unable to acquire more licensed spectrum and then “abruptly changed course and copied SmartSky’s patented approach of using unlicensed spectrum.”

"It's now clear that Gogo is openly using our patented technology to mimic the service we launched last year in an effort to maintain its virtual monopoly for inflight connectivity," said SmartSky president Ryan Stone. "After Gogo lost its preemptive 2020 validity challenge to one of our now asserted patents, rather than take the high road, it instead brazenly proceeded with its Gogo 5G plans. Gogo is unlawfully attempting to use SmartSky's own inventions to stifle SmartSky's ability to enter the market and compete."

Gogo responded that it has “previously completed a thorough review of SmartSky’s patent portfolio, including each of the four patents at issue in the complaint, with support from its engineering team and outside patent counsel. Based on that review, Gogo believes that SmartSky’s claims are entirely without merit.”

The Broomfield, Colorado connectivity provider added it intends “to vigorously defend itself against these allegations and remains committed to an on-time rollout of its 5G platform later this year.”

In 2020, Gogo was rebuffed in its own challenge against SmartSky filed before the U.S Patent and Trademark Office (USPTO). That challenge covered beamforming and seamless cell tower handoff technology.

The USPTO declined to review the patent, saying Gogo “has not demonstrated a reasonable likelihood of...demonstrating that at least one challenged claim” among the 20 claims against the patent would prevail.

Gogo had responded that it disagreed with the decision but stressed that “neither the PTO’s decision nor SmartSky’s patent portfolio in any way impairs our ability to continue to successfully expand, to launch Gogo 5G, or to enhance our position in the business aviation market.”

In early January, Gogo announced that it completed construction of its seven-tower 5G testbed by Dec. 31, 2021, and that it planned deployment of additional sites in upcoming months in preparation for the launch of its 5G service in the second half of the year.

SmartSky Networks, meanwhile, has been building out its sales and installer network and increasing its air-to-ground coverage with plans to have its footprint across the Continental U.S. in the first half of this year.

In addition to Gogo, SmartSky prevailed in an arbitration award against a major vendor, Wireless Systems Solutions (WSS), surrounding misappropriation of intellectual property and failure to perform. WSS had asked the courts to vacate the decision but it was upheld by the U.S. District Court for the Middle District of North Carolina on February 7.