Gibson Guitar has released a new statement regarding its ongoing patent infringement suit against Activision, stating that the Guitar Hero publisher filed its countersuit after refusing to negotiate. The company confirmed it is also suing retailers who are selling the products that allegedly infringe on the U.S. patent.

Despite entering into a licensing agreement with Activision to replicate Gibson's guitar designs for Guitar Hero III, Gibson is alleging that Activision violated one of its patents, which governs "technology used to simulate a musical performance." Activision has responded by filing a lawsuit that seeks to invalidate Gibson's claims for damages.

The guitar manufacturer said it filed the suit against retailers "reluctantly," adding that it "is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights."

Continued the statement, "Gibson had tried to settle this issue by negotiating directly with Activision as soon as the patent filed through one of Gibson's divisions was discovered and validated by outside counsel. Activision chose to initiate litigation without notice to Gibson. Now Gibson must pursue enforcement of its patent which predates the launch of the Guitar Hero game by several years."

Immediately prior to Gibson's statement, Activision had filed its own, calling the allegations without merit.