Guitar manufacturer Gibson’s grand plans to sue Activision over its Guitar Hero series have been dashed, as the District Court for the Central District of California has ruled against Gibson, denying its patent infringement claims.

Gibson filed the suit against Activision last March, albeit “reluctantly,” claiming that Guitar Hero infringed on a nine year old patent for technology to simulate a musical performance.

“Nope!” says the court.

“Guitar Hero controllers are toys that represent other items,” reads the court ruling. “Those represented items-the controller’s referents-are what any reasonable person in our society would recognise as “an actual musical instrument.”

Gibson also has an outstanding lawsuit with Electronic Arts, MTV Games and Harmonix over Rock Band’s use of guitar controllers. Expect that one to be ruled against too.

Gibson loses Guitar Hero patent lawsuit, gets booed off stage [Engadget]

So does Gibson’s 1990’s filing entitle them to a a piece of the Guitar Hero pie? No clue. Luckily we have the Onion who ran some “man on the street” responses to the difficult situation. Our favourite was from Bruce LaSaard, Elevator Installer. “Excuse me, but after last week’s championship game at Ray’s Creekside Tavern, I believe it is I who owns Guitar Hero.”

Well said, fictitious man-on-the-street. Well said, indeed.

Gibson Sues Over Guitar Hero [The Onion] Thanks MrPants!

It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero. This lawsuit is completely without merit and we intend to defend it vigorously.

Gibson’s patent, filed nearly 10 years ago, required a 3D display, a real musical instrument and a recording of a concert. Rock Band and Guitar Hero are completely different: among other things they are games, require no headset and use a controller only shaped like a real instrument.

[Pic]

Update: Gibson has provided a statement indicating that it “had no alternative but to bring the suit”, naming Rock Band and developers Harmonix in court documents. More info after the jump.

A portion of the statement from Gibson provides more insight and reasoning into the action against MTV Networks (Viacom), Electronic Arts and Harmonix.

This new lawsuit relates to the same U.S. Patent involved in the lawsuit filed by Gibson Guitar recently against various retailers in the same court. Gibson Guitar had made good faith efforts to enter into a patent licence agreement with the defendants in this case. The defendants have not responded in a timely manner with an intent to enter into negotiations for a patent licence 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.

The law suit mentions the Guitar Hero products for which Harmonix was responsible—Guitar Hero, Guitar Hero II and Guitar Hero Encore: Rocks the 80s—and Rock Band as the infringing products at issue. We’ve contacted Gibson and Harmonix for further statements.

Gibson sues MTV, EA over “Guitar Hero” [Reuters]

Gibson publicly fired back this afternoon, saying that it filed suit reluctantly and “is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights.” The full statement about all this hubbub, from Gibson’s perspective is after the jump.

Press Statement from Gibson Guitar in Regards to Guitar Hero Retailer Lawsuit

NASHVILLE, Tenn.–(BUSINESS WIRE)–On Monday, March 17th, Gibson Guitar Corp. brought a lawsuit against various retailers, which are selling Guitar Hero products that are infringing on one of Gibson Guitar’s U.S. patents. Gibson Guitar took this action reluctantly, but is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights.

Gibson had tried to settle this issue by negotiating directly with Activision as soon as the patent filed through one of Gibson’s divisions was discovered and validated by outside counsel. Activision chose to initiate litigation without notice to Gibson. Now Gibson must pursue enforcement of its patent which predates the launch of the Guitar Hero game by several years.

Gibson is known worldwide for producing classic models in every major style of fretted instrument, including acoustic and electric guitars, mandolins, and banjos. Gibson’s HD.6X-PRO Digital Guitar and the Gibson Robot Guitar represent the biggest advances in electric guitar design in over 70 years. Founded in 1894 in Kalamazoo, Michigan, and headquartered in Nashville since 1984, Gibson Guitar Corp.’s family of brands now includes Epiphone, Dobro, Maestro, Kramer, Steinberger, Tobias, Echoplex, Electar, Flatiron, Gibson Baldwin Music Education, Slingerland, Valley Arts, Maestro, Oberheim, Sunshine Piano, Take Anywhere Technology, Baldwin, J&C Fischer, Chickering, Hamilton, and Wurlitzer. Gibson’s website is www.gibson.com

Gibson’s lawsuit is a transparent end run around an impartial court that Activision asked on March 11 to rule on patent assertions that Gibson knows have no merit. Our Guitar Hero retailing partners have done nothing wrong. We will confront this and any other efforts by Gibson to wrongfully interfere with Activision’s relationship with its customers and its consumers.

As Activision noted in its filing, Gibson waited three years to make its patent allegations, and only did so after it became clear that Activision was not interested in renewing its marketing and support agreement with Gibson. Activision continues to believe that Gibson’s claims are disingenuous and lack any justification.

Ouch, there’s nothing worse than a jilted guitar manufacturer.

1999, hmm? A quick visit to our good friend Wikipedia reveals that Konami’s GuitarFreaks game made its debut in Japan in 1999, meaning it was most likely in the production and planning phases since 1998 at the latest.

My guess is that someone in the Gibson corporation’s marketing department heard of GuitarFreaks in 1999 and immediately checked to see if Konami had filed a patent in the US. When their search revealed no results, they filed a patent themselves, and waited patiently. For nine years. How utterly slimy.

The mind boggles. Truly.
This Week In Japan [Next Generation]

According to the report, Gibson sent Activision a letter in January requesting that the Guitar Hero pub apply for a license or stop selling the game. Activision essentially responded, “We thought since you didn’t say anything about it, we were cool”. Then it went in for a high-five/extended secret handshake thing. It was awkward.

Activision’s “Guitar Hero” violates patent: Gibson [Reuters]