No, you can also make an Android phone. You just need to avoid infringing these specific patents either by removing functionality or implementing it in another way.
As magicalist points out elsewhere in the thread, it is utterly impossible for anyone to build anything resembling a modern smartphone without infringing claim 8 of Apple's '915 patent. You can build a phone or a tablet, but whatever you build will not be capable of competing with an iPhone or an iPad.
Regardless of what you think about Apple, the iPhone, or patents in general, it is not OK for a judge or jury to hand an entire market over to a single player for 20 years. Claim 8, by itself, is enough to do that. By granting it, the USPTO walled off all possible competitive approaches.
Apple doesn't have a patent for one finger scrolling or pinch zooming. If the claim you are talking about is one finger scrolling, having that feature is not enough to violate the whole patent. The patent in question is about a method to detect transition from scrolling to zooming. It will be worked around.
How in the world do you interpret the language in claim 8 as "detecting a transition from scrolling to zooming"? The plain language just describes a single system that can process both single-touch scrolling input and multitouch gestures. Anything that does both appears to be covered by the claim.
I don't exactly know what the patent is. But it was clarified by Samsung attorney in the trial that you do not infringe Apple patents by having one finger scrolling and pinch to zoom. So it is possible to make a modern smartphone.
But it was clarified by Samsung attorney in the trial that you do not infringe Apple patents by having one finger scrolling and pinch to zoom. So it is possible to make a modern smartphone.
Those would be the same Samsung attorneys who just lost a $1 billion patent suit?
As magicalist points out elsewhere in the thread, it is utterly impossible for anyone to build anything resembling a modern smartphone without infringing claim 8 of Apple's '915 patent. You can build a phone or a tablet, but whatever you build will not be capable of competing with an iPhone or an iPad.
Regardless of what you think about Apple, the iPhone, or patents in general, it is not OK for a judge or jury to hand an entire market over to a single player for 20 years. Claim 8, by itself, is enough to do that. By granting it, the USPTO walled off all possible competitive approaches.