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Gibson fails in Guitar Hero lawsuit
MI Pro staff Mar 5 2009, 9:32am
Patent infringement claims dismissed as game contains no “real musical instruments”
Gibson has seen its lawsuit against Guitar Hero publisher Activision Blizzard thrown out of court after it ruled that Neversoft’s game does not infringe any existing patents.
This is the second time that Gibson has lost a high profile lawsuit that it instigated, following the loss of the gibson versus PRS singlecut case, four years ago.
Edge reports that Gibson had claimed its US Patent 5,990,405 for a “system and method for generating and controlling a simulated musical concert experience”. The patent details a head-mounted music system that allows players to play real instruments alongside a simulated concert.
However, the claim was dismissed as Guitar Hero uses plastic approximations of instruments that do not require musical skill to play. Nor does it utilise a 3D headset.
“Gibson’s doctrine of equivalents arguments border on the frivolous,” the court ruled. “As a general observation, no reasonable person of ordinary skill in the relevant arts would interpret the ‘405 Patent as covering interactive videogames.”
Activision licenses the use of the Gibson brand in its Guitar Hero titles.
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