LOS ANGELES AP – Video game publisher Activision Inc. has asked a federal court to declare that its popular “Guitar Hero” game does not violate a patent held by real-guitar maker Gibson Guitar Corp.

Gibson’s 1999 patent covers a virtual-reality device that included a headset with speakers and that simulated participating in a concert, according to a complaint filed on Tuesday by Santa Monica, Calif.-based Activision in U.S. District Court in Los Angeles.