The fact pinch and zoom as well as a grid payout with rounded icons can be patented this is completely nuts.
Excuse me while I patent the rear view mirror and sue any car maker that dare use it.
I dont see how samsung is supposed to get around pinch and zoom, its an essential component to a touch screen.
That is not a fair statement.
Consider this:
1. Company A patents something-A.
2. I, company B, believe I need to use that something-A in my own products, I contact companyA to work out a license agreement. I pay company A, $X to use it in my products. $X gets added to the cost of making my own products.
3. Company A goes on to license something-A to 9 other companies in the same business.
4. I want to differentiate my product from the other 10 companies including company A, I come up with my own novel and unique ideas and patent them. I also come up with an improved way to do something-A, I call something-A1 and patent that.
5. Well, I still pay royalties to use something-A in my product, but now my something-A implementation is different than the implementation in the other 10 companies.
6. Company A likes my something-A1, and works out a deal with me.
7. Company C sees my something-A1, and copies me without working out any deal with me for a license fee
8. Companies D, E... decided not to go another direction and just use something-A.
9.. I sue Company C.
10. Company C cries, unfair, I am discouraging innovation.
Every product you buy now a days, your payment pays for the collective license fee the maker has to pay royalties for. Your printer, some of that costs pays Kodak and HP. Your CPU? Some of that goes to IBM. Even though you're not aware of it.
Suing for patent infringement does not stop innovation. Its meant to stop companies from copying without working out some license agreement.
Samsung could have avoided all of this, it could have worked out a license agreement (like Microsoft had with Apple) to use some of these features/patents. Instead they did want to pay anything; which is why and how they got to this point.
When you are challenged with something and has to get through it, innovation will happen if you really need to find a way around it. Or you can just pay the toll.
With Apple case, now other manufacturers, has several choices; work out a licensing agreement with Apple if they feel these features need to be added to their own; or find a different way --- innovation happens.
I do R&D for my company, and most of my work involve thinking of ways to create a new mouse-trap, find away around an idea without copying, or improve and existing mouse-trap. All of these are innovation in progress. If I do improve upon an existing idea, I am fully aware I do not not have to rights to use the idea 100% without first paying fee to use the original patent it is based on. If I attempt to patent this, I will need to disclose this.