Activision Sues to Dodge Gibson Patent

Activision wants to protect its Guitar Hero franchise by proving its game doesn't infringe on a patent held by Gibson Musical Instruments.

Guitar Hero franchise-holder Activision has filed a lawsuit in the U.S. District Court in Los Angeles seeking to establish that its popular game doesn’t infringe on a 1999 patent held by Gibson Musical Instruments, the maker of classic electric guitar models like the Les Paul.

Gibson’s patent describes a system where a user would wear a 3D virtual reality headset and play along to a pre-recorded concert on a musical instrument. The system would "simulate participation in a concert" by letting a user play along with the recording and see events from on on-stage point of view. Gibson has apparently applying pressure on Activision, claiming the company needs to execute a license to Gibson’s patent if it wants to keep selling entries in its Guitar Hero franchise.

Activision says it doesn’t need a license to Gibson’s patent, and has filed a lawsuit to get a ruling to that effect. "We disagree with the applicability of their patent and would like a legal determination on this," George Rose, Activision’s general counsel, said in a statement Wednesday.

Guitar Hero doesn’t involve a 3D headset or an actual musical instrument: Guitar Hero "guitars" are really just plastic guitar shaped controllers that offer a different interface to a game console’s standard commands. Activision has licensed several guitar designs from Gibson for use as game controllers and in-game elements, including the iconic Les Paul solidbody guitar design.

It’s not clear why Gibson has waited so long to bring up this patent with Activision. Guitar Hero hit the market more than three years ago, and Gibson has been working as Activision’s parter on the franchise. Gibson’s actions could conceivable constitute granting Activision an implied license to the patent even if it were found to be applicable to the Guitar Hero game.