Yeah, I have seen this in use for some time in high profile applications - seemingly indicating that it is not being enforced. The Android Facebook app has thi

Yeah, I have seen this in use for some time in high profile applications - seemingly indicating that it is not being enforced. The Android Facebook app has this pull-to-refresh on its news feed - has for the last handful of updates. Pulse News also has used this same behavior for quite some time... It would seem that either these (and others) have been overlooked or the patent is indeed not being enforced at this time.