No, Guitar Hero Doesn't Infringe On Gibson's Patent
from the good-news dept
It took almost a year, but Colin Ross points out that, earlier this year, a California court didn't just toss out the lawsuit against Activision, but told Gibson that the lawsuit "bordered on the frivolous." This was especially true of Gibson's claim (I kid you not) that "the '405 Patent covers any system where a user controls something 'musical' with any device." Yes, really. The court wasted little time smacking down that idea:
By arguing that any sound made by any controller can potentially be musical, Gibson would have everything in the world -- from the buttons of a DVD remote, to a pencil tapping a table -- be an 'actual musical instrument' within the '405 Patent....The lawsuits against the retailers and other companies associated with the game are still ongoing, but hopefully will be tossed out on similar grounds shortly.
No reasonable person of ordinary skill in the relevant arts would interpret the '405 Patent as covering interactive video games.