Gibson Guitar Inc. declares that Activision is infringing on their guitar patent...

The popular franchise by Activision that makes players use a guitar shaped control to play songs is now being sued for using a 1999 music patent that simulates a musical performance by Gibson Guitar Inc.

Activision, who licenses the rights to model their unique guitar controls from Gibson guitar models, declared on Tuesday that Gibson's patent invalid and to bar it from seeking damages. George Rose from the Activision general counsel said a statement regarding the current situation which can be found below.

"Gibson is a good partner, and we have a great deal of respect for them. We disagree with the applicability of their patent and would like a legal determination on this,"

A copy of Gibson's patent showed using musical instruments, a 3D headset with stereo speakers, and a pre-recorded concert, which isn't quite the same as the method used for Guitar Hero. Gibson's law firm went on to say "Based on our preliminary analysis, the 'Guitar Hero' software (including any expansion packs) and the guitar controller provided by Activision being used as a musical instrument (packaged with the software or sold standalone) are covered by the ... patent. Gibson requests that Activision obtain a license under Gibson's ... patent or halt sales of any version of the 'Guitar Hero' game software."

Activision has stated it did not infringe Gibson's patent and since it's debut 3 years ago, a claim has never been raised regarding the situation.

Stay with N-Europe for the latest details regarding the Guitar Hero franchise...