Group v. Activision Publishing
Compliance Group (“PCG”) originally filed a qui tam action against Activision
for using false marks on its titles Guitar Hero 5, Band Hero, DJ Hero and Guitar
Hero Smash Hits claiming the games were “patented or patent pending”. This case was dismissed without prejudice on
June 1, 2010, before Activision filed an answer or motion for summary judgment. The issue is now moot in view of recent law changes barring this type of lawsuit.