It appears Gibson's master plan to play patent troll against many companies within the game industry will fail. Engadget reports that Activision's defensive lawsuit against Gibson has succeeded. The guitar maker was trying to squeeze some extra cash out of its former partner by tying Guitar Hero to a patent it had whereby a "musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers." Not only did the court not agree with Gibson's patent claim, but the judgment stated Activision's plastic peripherals aren't instruments, but "toys that represent other items."

Activision's win puts doubt on Gibson's ability to continue its litigious money-grab against Harmonix, EA, Viacom, and its ability to stop major retailers from selling the Guitar Hero games. Perhaps Gibson should seek better counsel the next time it attempts to take on an entire industry with a weak patent claim.

Source -- Gibson loses GH patent lawsuit, gets booed off stage [Engadget]
Source -- PDF of ruling.

This article was originally published on Joystiq.