Bill says in the first 30 or so seconds that it is a camera detecting the touches which is NOT Apple's invention. Patent Law allows for the patenting of improvements on prior tech and new methods of older ideas as new items.
Apple's Pinch To Zoom patent reads as such...
Patent said:
A machine readable storage medium storing executable program instructions which when executed cause a data processing system to perform a method comprising:
receiving a user input, the user input is one or more input points applied to a touch-sensitive display that is integrated with the data processing system;
creating an event object in response to the user input;
determining whether the event object invokes a scroll or gesture operation by distinguishing between a single input point applied to the touch-sensitive display that is interpreted as the scroll operation and two or more input points applied to the touch-sensitive display that are interpreted as the gesture operation;
issuing at least one scroll or gesture call based on invoking the scroll or gesture operation;
responding to at least one scroll call, if issued, by scrolling a window having a view associated with the event object; and
responding to at least one gesture call, if issued, by scaling the view associated with the event object based on receiving the two or more input points in the form of the user input.
It doesn't mention a specific technology, only a "touch sensitive display". So in this case, it doesn't matter if it uses Apple's capacitance tech, or Microsoft's.
edit: I find it hard to read patent language, but it seems like it's covering one finger scrolling as much as it is two finger zooming. It's like...
It seemingly reads like "if you use one finger, then the OS interprets that as scroll. If two or more fingers are used, then call scroll action, but interpret as a pinch to zoom or other miscellaneous gestures".
If I'm reading it right (and I have no guarantees that I am), then that's a pretty goddamn stupid thing to patent.