The lawsuit filed in U.S. District Court in Los Angles, wants the court to strike down Gibson’s claim that Activision is infringing on a 1999 patent for technology to simulate a musical performance.

Guitar Hero Logo
(Photo Credit: Wikipedia)

The lawsuit alleges that Gibson notified Activision in a letter in January that Guitar Hero software and its guitar shaped controller infringe on Gibson’s patent. Gibson asked Activision to get a license for the use of Guitar Hero or to end sales of the game.

"By continuing to sell any version of the Guitar Hero game software and/or instrument controllers for use with the Guitar Hero game software — packaged or sold standalone — Activision is taking advantage of Gibson’s patented technology without properly compensating Gibson," said F. Leslie Bessenger III, Gibson’s lawyer, in a letter attached to the lawsuit.

"Gibson respects the intellectual property of others and expects others to respect its intellectual property as well."

Activision pays an undisclosed amount for Gibson’s trademark under a license agreement. Activision’s senior litigation counsel, Mary Tuck said the company "was not interested in renewing the license and marketing support agreement" with Gibson and that was the reason Gibson claimed patent infringement.
 

"Gibson is a good partner and we have a great deal of respect for them," said George Rose, Activision’s general counsel, in a statement. "We disagree with the applicability of their patent and would like a legal determination on this."