Activision's "Guitar Hero" violates patent: Gibson

By Scott Hillis and Gina Keating

SAN FRANCISCO/LOS ANGELES (Reuters) - Gibson Guitar Inc has told Activision Inc (ATVI.O: Quote, Profile, Research, Stock Buzz) 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.

"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," Activision general counsel George Rose said in a statement.