BROOMFIELD, Colo., Jan. 31,
2024 /PRNewswire/ -- 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.
Cautionary Note Regarding Forward-Looking Statements
Certain disclosures in this press release include
forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. These forward-looking
statements include, without limitation, statements regarding our
business and financial outlook, the ongoing litigation against
SmartSky and the anticipated launch of Gogo 5G. When used in this
discussion, the words "continue," "expect," "remain," "beyond," and
the negative of these or similar terms and phrases are intended to
identify forward-looking statements in this press
release.
Forward-looking statements reflect our current expectations
regarding future events, results or outcomes, including the launch
of AVANCE LX5 and Gogo 5G. These expectations may or may not be
realized. Although we believe the expectations reflected in the
forward-looking statements are reasonable, we can give you no
assurance these expectations will prove to have been correct. Some
of these expectations may be based upon assumptions, data or
judgments that prove to be incorrect. Actual events, results and
outcomes may differ materially from our expectations due to a
variety of known and unknown risks, uncertainties and other
factors. Although it is not possible to identify all of these risks
and factors, they include, among others, our ability to
defend Gogo against SmartSky's claims; our ability to develop
and deploy Gogo 5G, Global Broadband or other next generation
technologies; the ability of our subcontractor to remedy the error
in the non-5G component of the chip, which has delayed the
deployment of Gogo 5G to its expected launch date; our ability to
deliver the expected performance capabilities of any new
technology, including, without limitation, AVANCE LX5; and other
events beyond our control that may result in unexpected adverse
operating results.
Additional information concerning these and other factors can
be found under the caption "Risk Factors" in our annual report on
Form 10-K for the year ended December 31,
2022, as filed with the Securities and Exchange Commission
on February 28, 2023, and in our
quarterly report on Form 10-Q as filed with the SEC on May 3, 2023.
Any one of these factors or a combination of these factors
could materially affect our financial condition or future results
of operations and could influence whether any forward-looking
statements contained in this report ultimately prove to be
accurate. Our forward-looking statements are not guarantees of
future performance, and you should not place undue reliance on
them. All forward-looking statements speak only as of the date made
and we undertake no obligation to update or revise publicly any
forward-looking statements, whether as a result of new information,
future events or otherwise.
Media Relations
Contact:
|
Investor Relations
Contact:
|
Dave Mellin
|
William
Davis
|
+1 720-840-4788
|
+1
312-517-5725
|
dmellin@gogoair.com
|
wdavis@gogoair.com
|
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SOURCE Gogo