Patents news: Guitar Hero and Rock Band

Posted by Dirk Avery at 2:35 pm under Litigation, Patent, Video games.

Gibson goes on suing spree

Hoping, perhaps, to dip into lucrative video game revenue, Gibson Guitar, maker of “real” guitars, is on a serious lawsuit binge. There are cease and desist letters, cross suits, failed negotiations, acquisitions and declaratory judgment actions.

Sometimes, maybe, moderate success is better than wild popularity. Activision’s Guitar Hero has sold more than 14 million units and earned the company more than $1 billion since debuting in 2005. Rock Band, which is distributed and promoted by Harmonix, MTV and Electronic Arts, and also very popular, has come under fire this week as well.

It’s a tangled web but I’m going to attempt to pull it apart a little.

1894: Gibson Guitar founded in Kalamazoo, Michigan.
July 8, 1998: Gibson Guitar files a patent application for a “System and method for generating and controlling a simulated musical concert experience.”
November 23, 1999: Gibson Guitar’s patent issues as Pat. No. 5,990,405.
October 26, 2000: Sony’s sells PS2 in North America.
November 2005: First version of Guitar Hero released for PS2.
May 9, 2006: Activision announces it will acquire RedOctane, makers of guitar controllers for Guitar Hero (and DDR dance mats).
September 22, 2006: Viacom-owned MTV Networks announces it will acquire Harmonix, developers of Guitar Hero.
October 24, 2007: Activision licenses Gibson’s brand for use in Guitar Hero
December 18, 2008: MTV and Harmonix ship Rock Band to retail stores.
January 7, 2008: Gibson sends a cease and desist letter to Activision with reference to Guitar Hero.
January-March 2008: Gibson allegedly attempts, in good faith, to engage Activision in licensing negotiations.
March 10, 2008: Harmonix sues Activision for allegedly unpaid royalties relating to Guitar Hero.
March 11, 2008: Harmonix withdraws suit against Activision.
March 11, 2008: Activision files a declaratory judgment action against Gibson.
March 20, 2008: Gibson sues Harmonix, MTV and Electronic Arts alleging Rock Band infringes its patent.
March 20, 2008: Gibson sues Wal-Mart, Target, Kmart, Amazon.com, GameStop and Toys “R” Us for selling the infringing games.