Isn't trying to patent gestures and the entire concept of multitouch like attempting to patent "look & feel"?
In general the patent office & courts do not support patents which allow one company to monopolize an industry. If Apple tries to license the tech to other manufacturers (at reasonable prices) then they would be much more likely to get a favorable ruling. A patent holder does deserve to be rewarded for innovation, however its counter productive when that patent is a barrier to innovation.
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