Guitar Hero just made its way into the Guinness Book of World Records: Gamer’s Edition 2008, but Gibson Guitar would seemingly rather see its developer in court. Claiming its innocence and looking for exoneration, Activision is welcoming the showdown in a patent dispute that has gamers tuned in.

The drama began when Gibson Guitar filed a patent claim against Activision in January, alleging that its Guitar Hero franchise violates a 1999 patent Gibson had filed for technology to simulate a musical performance.

The suit struck the wrong chord with Activision. The company is now suing Gibson, saying its game doesn’t infringe on the patent. Activision filed suit in U.S. District Court in Los Angeles on Tuesday. The video-game maker has asked the court to officially declare that the game does not infringe on Gibson’s patents.

Gibson: Stop Playing Our Tune

Gibson’s patent shows a method for simulating a live performance using a musical instrument, a 3-D

headset with stereo speakers, and a prerecorded concert. Gibson’s claim seeks damages in the design of license payments for using the technology, or an injunction against future sales of Guitar Hero games.

Gibson claims Activision is taking advantage of Gibson’s patented technology without properly compensating the guitar company by continuing to sell Guitar Hero game software or instrument controllers. Activision took exception to the allegations and made its case known to the court.

“Despite being aware of the Guitar Hero game for many years, Gibson has encouraged Activision to manufacture and sell devices it now alleges infringe” the patent, the lawsuit said. By waiting three years to file a claim against it, Activision said the guitarmaker granted an implied license. Activision already licenses the rights to model its controllers on Gibson guitar models and to use their likenesses in the game.

Game Winner: Activision

Activision has the better argument,…

Orginal post by Top Tech News