Gibson Guitar Now Sues “Rock Band”

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Gibson Guitar Corp. has filed a case in federal district court in Nashville on Thursday claiming that, by developing, distributing and promoting the video game "Rock Band," Harmonix, MTV Networks and Electronic Arts are violating a virtual-reality patent the guitar maker holds.

This is the second patent infringement lawsuit filed by Gibson against a video game. Earlier in the week, Gibson had filed a suit against Wal-Mart Stores Inc. and five other retailers claiming that the stores are violating a 1999 patent held by Gibson by selling the Activision Inc. game "Guitar Hero."

Both these lawsuits by Gibson come in the wake of Activision filing a lawsuit in U.S. district court asking that the 1999 patent belonging to Gibson, related to technological simulations of musical performance, be declared invalid.

Activision had said that Gibson's patents are invalid, and also that by waiting three years before filing suit, Gibson had granted an "implied license" to their technology. The game publisher further added that it doesn't want or need a license under the patent as Gibson claims.

Gibson is a prominent licensing partner for Activision's “Guitar Hero” games. The latest version of the game, “Guitar Hero III”, ships with a controller based either on the Gibson Les Paul model guitar or on the Kramer Striker, which is also a Gibson brand.

There have been no comments from Harmonix, MTV Networks and Electronic Arts- the companies Gibson sued Thursday over "Rock Band".

In a statement released by Gibson on Friday, the real guitar maker said that it had made "good faith efforts to enter into a patent license agreement with the defendants in this case.

The statement also said, "The defendants have not responded in a timely manner with intent to enter into negotiations for a patent license agreement. Gibson Guitar had no alternative but to bring the suit, and it will continue to protect its intellectual property rights against any and all infringing persons."

According to the lawsuit, Gibson wants the companies to pay damages for infringing on its patent and to stop selling "Guitar Hero" and "Rock Band".

The wildly popular "Guitar Hero" series of games allow users to perform songs using a stringless, plastic guitar that plugs into a game console. A TV connected to the gaming console displays animated musicians playing along and graphics that guide users' play.

"Rock Band," allows players to perform in virtual "bands" by hooking up to peripherals modeled after a guitar, drums and a microphone.