Gibson Guitar Hero suit thrown out
- on May 18, 2009 15:18
Looking back, 2008 was a litigious year for Guitar manufacturer GibsonThree years after a 2005 deal with Activision to have licensed the use of its guitars in Guitar Hero games, the Nashville-based instrument-maker went after the Santa Monica-based game publisher in court
Gibson's lawsuit contended that Guitar Hero's mock guitars--modeled on actual Gibson axes under license--infringed on a patent it registered in 1999 for "technology for simulating a musical performance." So adamant was the six-string-supplier about its claims that it threatened legal action in a Tennessee court against retailers who sold Guitar Hero games and Electronic Arts and MTV over Rock Band's faux guitar
After the original filing last March, Activision quickly asked the US District Court of Central California to throw out Gibson's suit and prevent the guitar maker from seeking damagesLast Thursday, the court did exactly that, summarily dismissing the contention that Guitar Hero violated U.SPatent No5,990,405, which Gibson holds
"No reasonable person of ordinary skill in the relevant arts would interpret the '405 Patent as covering interactive video games," wrote Judge Mariana RPfaelzer in a stern ruling obtained by GameSpot"Gibson would have this Court determine that any device that controls something that produces musical sounds is covered by the '405 Patent."
The Tennessee motions also appear doomed, as they had been stayed pending the outcome of Judge Pfaelzer's decision