UPDATE 1-Activision's 'Guitar Hero' violates patent-Gibson
(Adds details of lawsuit, Gibson's claims, company comment, background)
By Scott Hillis and Gina Keating
SAN FRANCISCO/LOS ANGELES, March 12 (Reuters) - Gibson Guitar Inc has told Activision Inc ATVI.O that its wildly popular "Guitar Hero" video games infringe one of Gibson's patents, and Activision has asked a U.S. court to find the claim invalid.
Gibson said the games, in which players press buttons on a guitar-shaped controller in time with notes on a TV screen, violates a 1999 patent for technology to simulate a musical performance.
On Tuesday, Activision filed a lawsuit asking the U.S. District Court for Central California to declare Gibson's patent invalid and to bar it from seeking damages.
Gibson made its claims in a letter sent to Activision in January, a copy of which was included in Activision's lawsuit.
Activision shares closed down 1.14 percent at $26.82 on Nasdaq on Wednesday.
The "Guitar Hero" series has sold more than 14 million units in North America and raked in more than $1 billion since its 2005 debut.
Gibson, whose electric guitars are used by legendary blues and rock artists such as Eric Clapton, B.B. King and Slash, has been a high-profile partner in the "Guitar Hero" games, with Activision licensing the rights to model its controllers on Gibson guitar models and to use their likenesses in the game. Continued...






