The US District Court for the Central District of California has thrown out Gibson's lawsuit against Activision Blizzard (ActiBlizz), the maker of Guitar Hero.
Gibson filed its lawsuit in March 2008, alleging that Activision infringes Gibson's patent for devices with which a "musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers."
The court ruled that the Gibson patent only applies to output analog audio signals, excluding MIDI signals and practically any other kind of control signal. And it found that the fake guitars used in Guitar Hero can't be confused with real musical instruments. The ruling stated, in part, "As a general observation, no reasonable person of ordinary skill in the relevant arts would interpret the '405 Patent as covering interactive video games."
Gibson has also sued retailers that sell Guitar Hero and Rock Band, including Amazon, Target, Wal-Mart, and K-Mart, as well as MTV, Harmonix, and Electronic Arts.
Sounds like Gibson has been busy with all of their alledged patent infringement lawsuits. I'm glad the judge threw the case out Gibson versus Guitar Hero.