Gibson's first lawsuit against Activision was stupid enough, but subsequent filings against retailers and now Harmonix and MTV show they're clearly suffering from a particularly acute case of STUPID LAWSUIT FEVER. Harmonix are having none of it, and have issued a statement claiming Gibson's suit is "completely without merit".
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.