 Gibson Guitar Corporation , whose guitar likenesses have appeared in the Guitar Hero series from the first game to Guitar Hero Aerosmith , informed Activision on January 7 , 2008 , that it believed the games infringe its U.S. Patent 5 @,@ 990 @,@ 405 . Gibson claimed that this covers technology that simulates a concert performance via pre @-@ recorded audio and a musical instrument . In response , Activision filed a suit seeking a declaration that it was not in violation of the Gibson patent ; Activision also asserted that Gibson had given an implied license by waiting to assert the patent and that the patent was invalid . On March 17 , 2008 , Gibson sued six retailers ( GameStop , Amazon.com , Wal @-@ Mart , Target , Toys " R " Us and Kmart ) for selling Guitar Hero products . Subsequently , on March 21 , 2008 , Gibson also filed a lawsuit against EA , MTV , and Harmonix over their game Rock Band also for violation of its patent , to which a Harmonix spokesperson stated that Gibson 's claims are " completely without merit " . Activision lawyer Mary Tuck stated in their legal filings that they believe that Gibson initiated the lawsuit due to the fact that " Activision was not [ interested ] in renewing the License and Marketing Support Agreement " with Gibson Guitars . In February 2009 , the United States District Court for the Central District of California ruled against Gibson in their case against Activision , stating that the controllers are not musical instruments but " toys that represent other items " , and that Gibson 's patent only covers instruments that send out analog signals . Activision and Gibson settled the suit following this ruling . 
 Gibson Guitar Corporation , whose guitar likenesses <a href='been_done' title='1'><mark>have</mark></a> appeared in the Guitar Hero series from the first game to Guitar Hero Aerosmith , informed Activision on January 7 , 2008 , <a href='null_relcl' title='2'><mark>that</mark></a>it believed the games infringe its U.S. Patent 5 @,@ 990 @,@ 405 . Gibson claimed that this <a href='uninflect' title='3'><mark>covers</mark></a> technology <a href='null_relcl' title='4'><mark>that</mark></a><a href='uninflect' title='5'><mark>simulates</mark></a> a concert performance via <a href='uninflect' title='6'><mark>pre</mark></a> @-@ recorded audio and a musical instrument . In response , Activision filed a suit seeking a declaration that it <a href='negative_concord' title='7'><mark>was</mark></a> <a href='negative_concord' title='8'><mark>not</mark></a>in <a href='negative_concord' title='9'><mark>violation</mark></a> of the Gibson patent ; Activision also asserted that Gibson <a href='been_done' title='10'><mark>had</mark></a> given an implied license by waiting to assert the patent and that the patent was invalid . On March 17 , 2008 , Gibson sued six retailers ( GameStop , Amazon.com , Wal @-@ Mart , Target , Toys " R " Us and Kmart ) for selling Guitar Hero products . Subsequently , on March 21 , 2008 , Gibson also filed a lawsuit against EA , MTV , and Harmonix over their game Rock Band also for violation of its patent , to which a Harmonix spokesperson stated that Gibson <a href='null_genetive' title='11'><mark>'s</mark></a>claims are " completely without merit " . Activision lawyer Mary Tuck stated in their legal filings that they believe that Gibson initiated the lawsuit due to the fact that " Activision <a href='negative_concord' title='12'><mark>was</mark></a> <a href='negative_concord' title='13'><mark>not</mark></a>[ interested ] in renewing the License and Marketing Support Agreement " with Gibson Guitars . In February 2009 , the United States District Court for the Central District of California ruled against Gibson in their case against Activision , stating that the controllers <a href='negative_concord' title='14'><mark>are</mark></a> <a href='negative_concord' title='15'><mark>not</mark></a>musical instruments but " toys <a href='null_relcl' title='16'><mark>that</mark></a>represent other items " , and that Gibson <a href='null_genetive' title='17'><mark>'s</mark></a>patent only <a href='uninflect' title='18'><mark>covers</mark></a> instruments <a href='null_relcl' title='19'><mark>that</mark></a>send out analog signals . Activision and Gibson settled the suit following this ruling . 
Gibson Guitar Corporation , whose guitar likenesses done appeared in the Guitar Hero series from the first game to Guitar Hero Aerosmith , informed Activision on January 7 , 2008 , it believed the games infringe its U.S. Patent 5 @,@ 990 @,@ 405 . Gibson claimed dat this cover technology simulate a concert performance via pred @-@ recorded audio and a musical instrument . In response , Activision filed a suit seeking a declaration that it ain't in no violation of the Gibson patent ; Activision also asserted that Gibson done given an implied license by waitin to assert the patent and tdatda patent was invalid . On March 17 , 2008 , Gibson sued six retailers ( GameStop , Amazon.com , Wal @-@ Mart , Target , Toys " R " Us and Kmart ) fir sellin Guitar Hero products . Subsequently , on March 21 , 2008 , Gibson also filed a lawsuit against EA , MTV , and Harmonix ova their game Rock Band also fa violation of its patent , to which a Harmonix spokesperson stated that Gibson  claims are " completely without merit " . Activision lawyer Mary Tuck stated in their legal filings that they believe thdatibson initiated tdalawsuit due to the fact that " Activision ain't [ interested ] in renewing the License and Marketing Support Agreement " witt Gibson Guitars . In February 2009 , the United States District Court for the Central District of cali ruled against Gibson in their case against Activision , stating that thdaontrollers ain't musical instruments but " toys represent other items " , and thadatbson  patent only cover instruments send outt analog signals . Activision and Gibson settled the suit following this ruling .