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It's a nice theory, but resistive supports multi-touch just fine. (Although I'm not sure that any shipping products back then actually supported it - but it's certainly possible to do it with resistive.)

But we're not talking about a patent on multi-touch, we're talking about pinch-to-zoom. I'm sure its very difficult to make a good multi-touch screen, especially one small, efficient, and precise enough to use on a smartphone. But once you have good a good multi-touch screen, it doesn't seem that hard to implement a pinch gesture. Every single demo of a multi-touch interface I've ever seen (even from before 2007) has had some sort of pinch-to-zoom gesture, it seems to be one of the first things everyone thinks of doing once you've got the capability in the hardware.

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