NASHVILLE, Tenn. (AP) - Gibson Guitar Corp. has widened its attack on the
video game industry with a second patent infringement lawsuit.
It claims, in a case filed Thursday in federal district court in Nashville,
that by developing, distributing and promoting the video game "Rock Band,"
Harmonix, MTV Networks and Electronic Arts are violating a virtual-reality
patent the guitar maker holds.
The same 1999 patent is at issue in a separate lawsuit Gibson filed earlier
in the week against Wal-Mart Stores Inc. and five other retailers. The
real-guitar maker claims the stores are violating the patent by selling the
Activision Inc. game "Guitar Hero."
Before Gibson filed either lawsuit, Activision sued Gibson in Los Angeles
this month asking for a federal court declaration that it is not violating
Gibson's patent.
The game publisher says it doesn't want or need a license under the patent
as Gibson claims.
"We disagree with the applicability of their patent and would like a legal
determination on this," George Rose, Activision's general counsel, said in
explaining Activision's lawsuit.
Gibson officials haven't said why the company is not suing Activision
directly.
Representatives for Harmonix, MTV Networks and Electronic Arts -- the
companies Gibson sued Thursday over "Rock Band" -- did not immediately return
phone calls seeking comment.
Harmonix also created and developed some of the "Guitar Hero" games.
Gibson said in a statement released Friday that it had made "good faith
efforts to enter into a patent license agreement with the defendants in this
case.
"The defendants have not responded in a timely manner with an intent to
enter into negotiations for a patent license agreement," according to the
statement. "Gibson Guitar had no alternative but to bring the suit, and it will
continue to protect its intellectual property rights against any and all
infringing persons."
Gibson wants the companies to pay damages for infringing on its patent and
to stop selling "Guitar Hero" and "Rock Band," according to the lawsuit.
A copy of the patent included in Gibson's lawsuit is dated Nov. 23, 1999,
and describes a device that lets a user "simulate participation in a concert by
playing a musical instrument and wearing a head-mounted 3-D display that
includes stereo speakers."
"Guitar Hero" users perform songs using a stringless, plastic guitar that
plugs into a game console. A TV connected to the gaming console displays
animated musicians playing along and graphics that guide users' play.
"Rock Band," which hasn't garnered the sales and popularity captured by
"Guitar Hero," lets players hook up to peripherals modeled after a guitar, drums
and a microphone and form a virtual band.
Founded in 1894 in Kalamazoo, Mich., and headquartered in Nashville since
1984, Gibson Guitar Corp. has brands including Dobro, Maestro, Kramer,
Steinberger, Tobias, Echoplex and Wurlitzer.
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