Multitouch is not necessarily the issue but the technology used to accomplish multitouch. Multitouch has been in development for 30 years. The Surface did not u

Multitouch is not necessarily the issue but the technology used to accomplish multitouch. Multitouch has been in development for 30 years. The Surface did not use the same kind of tech as in the iPhone to accomplish multitouch. If the courts were to ever rule in Apple's favor, it would probably revolve around the tech behind it.