Guitar manufacturer Gibson's grand plans to sue Activision over its Guitar Hero series have been dashed, as the District Court for the Central District of California has ruled against Gibson, denying its patent infringement claims.

Gibson filed the suit against Activision last march, albeit "reluctantly," claiming that Guitar Hero infringed on a nine year old patent for technology to simulate a musical performance.

"Nope!" says the court.

"Guitar Hero controllers are toys that represent other items," reads the court ruling. "Those represented items-the controller's referents-are what any reasonable person in our society would recognize as "an actual musical instrument."

Gibson also has an outstanding lawsuit with Electronic Arts, MTV Games and Harmonix over Rock Band's use of guitar controllers. Expect that one to be ruled against too.

Gibson loses Guitar Hero patent lawsuit, gets booed off stage [Engadget]