Apple and Microsoft are so obviously not in the wrong. The methods used as described in the patent are just way too normal to me. Why?

The user’s finger motions are matched by a microcontroller within the device to a number of preset patterns, which in turn translate into a function or command.

Obviously a finger's motions are to be detected as this is the key to touch-screen.

Then, they are matched by a microcontroller into preset patterns. Well let's just look at this step as changing the motions into a pattern that can be read.

Then, it is translated into a command that enables the Zune/Ipod to understand the motion and act accordingly.

This seems like a very normal procedure that Microsoft or Apple probably would have done whether or not they knew about this method.