 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 <unk> its U.S. Patent 5 @,@ 990 @,@ 405 . Gibson claimed that this covers technology that <unk> 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 ( <unk> , Amazon.com , Wal @-@ Mart , Target , Toys " R " Us and <unk> ) for selling Guitar Hero products . Subsequently , on March 21 , 2008 , Gibson also filed a lawsuit against <unk> , 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 <unk> that they believe that Gibson initiated the lawsuit due to the fact that " Activision was not [ interested ] in renewing the <unk> and Marketing Support Agreement " with Gibson <unk> . 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 . 
