Gibson adds to ‘Guitar Hero’ suits

Gibson Guitar Corp. said Friday that it had filed a patent-infringement lawsuit against Viacom Inc.’s MTV networks and Harmonix, as well as Electronic Arts Inc., relating to the wildly popular “Guitar Hero” video games.

The lawsuit, filed in U.S. District Court in Tennessee, relates to the same patent involved in another suit Gibson filed earlier against various retailers, the Nashville-based guitar maker said.

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 said the games, in which players use a guitar-shaped controller in time with notes on a television screen, violated a 1999 patent for technology to simulate a musical performance.

Harmonix developed the first “Guitar Hero” game and was later bought by MTV. Redwood City, Calif.-based Electronic Arts and Santa Monica-based Activision Inc., as well as several retailers, either develop, distribute or sell one or several of the games in the “Guitar Hero” series.

“This lawsuit is completely without merit and we intend to defend it vigorously,” Harmonix said.

A spokesperson for MTV and Electronic Arts could not be immediately reached for comment.

Activision this month filed a preemptive lawsuit against Gibson, which had complained that the games infringed one of its patents. Activision’s suit asks the U.S. District Court for Central California to declare Gibson’s patent invalid and to bar it from seeking damages.

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.

Activision licensed the rights to model its video controllers on Gibson guitar models and to use their likenesses in the game.

Activision has said that by waiting three years to raise its claim, Gibson had granted an implied license for any technology.