This is getting interesting. Yes, Apple was rewarded a patent for the multi-touch implementation found in the iPhone. Lets not forget, however, that many patents, thought to be a solid defense, have been considered void due to prior art. Not only that, but patent lawsuits can take years, and neither party is required to subdue the sales of their device (unless an injunction is filed) until a victor is chosen. So basically, even IF (and that's a big if) Apple brought Palm to court over the multi-touch support, there's little chance that that the Pre or iPhone would even be effected, as I doubt this will be a quick lawsuit.
Palm, on the other hand, owns many patents involving gestures, touch-screens, and smart-phones in general. They've been in this business for a long time. Whether Apple wants to risk a potentially large patent battle with Palm - which might even drag in other competitors such as Microsoft, RIM, Nokia, etc - is up to them. Saying that Palm isn't innovating or adding to this method is being ignorant. Most notably is Palm's Pre extension of the touch-sensitive area to the bottom half of the phone, which allows for more gestures. In fact, Apple Insider found that Apple has plans for one of their own.
AppleInsider said:
Apple mentions a touchpad for activating or deactivating functions. The patent describes it as a "touch-sensitive area of the device that, unlike the touch screen, does not display visual output. The touchpad may be a touch-sensitive surface that is separate from the touch screen or an extension of the touch-sensitive surface formed by the touch screen."
Interestingly, this is a feature Palm is already touting about its upcoming Pre handset. According to Palm's press release: "[The Pre has a] gesture area, which enables simple, intuitive gestures for navigation." The gesture area is separate from the touch screen.
I'm confident there's not an existing smartphone manufacturer out there who's isn't heavily investing in touch-screen phones and such a broad patent like this, detailing such gestures like flicking, twisting (all natural methods of interacting with a touch-screen), is bound to attract some attention. Let the battle begin.
