The Beat Goes On: Gibson Sues "Rock Band" Game Creators

From the MMR E-Mail Newsletter

On Mar. 21 Gibson Guitar filed a patent infringement lawsuit against Viacom's MTV networks, Harmonix, and Electronic Arts relating to the "Rock Band" video game and Harmonix's previously developed game, "Guitar Hero."

The suit, filed in Federal District Court in Tennessee, relates to the same patent involved in another suit Gibson filed earlier against mass-merchant retailers of "Guitar Hero," including Wal-Mart and Target (MMR Update, Mar. 21.)

Gibson claims the games violate a 1999 Gibson patent for technology to simulate a musical performance.

Harmonix developed the first "Guitar Hero" game and was later bought by MTV. Electronic Arts publishes "Rock Band" and another company, Activision Inc.,{doesn't make sense} and the retailers either develop, distribute, or sell one or more of the games in the "Guitar Hero" series.

As reported in MMR Update on Mar. 14, Activision responded to Gibson's complaint by filing a preemptive suit against Gibson. Contrary to myriad online reports, however, Gibson has not filed a lawsuit against Activision on the 1999 patent claim.

The Activision lawsuit asks the U.S. District Court for Central California to declare Gibson's patent invalid and to bar it from seeking damages.

Gibson has been a high-profile partner in the "Guitar Hero" games. Activision licensed the rights to model its guitar-shaped video controllers on Gibson models and to use their likenesses in the game.

Activision has said that by waiting three years to raise its claim, Gibson had granted an implied license for any technology.