Let's not be obnoxious and spread misinformation.
FRAND patents don't need to be licensed for pennies, they just need to be licensed in a fair, reasonable and non-discriminatory manner. Google is seeking 2.25% of sale cost for a couple of h.264 patents, for instance. It wouldn't be considered against FRAND simply because it was expensive, but you could argue it is against FRAND if they gave it away for pennies to some and not to others, or if you can prove that other similar h.264 patents don't have as high of a cost.
At its lowest, tap to zoom/pinch to zoom was NOT $5 per patent per device. It wasn't even $5 combined. It's not $40 per device after the verdict--it's actually probably even lower than the total of $4.04 quoted by Apple's expert.
http://www.forbes.com/sites/connieg...ined-about-samsung-copying-in-2010-live-blog/
This is the Apple royalty expert at trial:
915 is pinch to zoom.
381 is bounceback.
163 is tap to zoom.
The trade dress accounts for most of the royalty request.
The jury foreman said they cut Apple's royalty request in half:
http://t.co/aZb3YF4r
The high rate per device you see from the verdict is because it includes trade dress, and because they found infringement without taking a license, so Apple is awarded the profits per device.
You are getting your software invalidation arguments wrong--pinch to zoom isn't one of those concept patents--those are things like, "emailing a photo on a mobile device", "playing music while using other apps", or the patents in the latest suit by Google against Apple, which includes patents like:
- a patent for "control over a plurality of media applications including telephony, video conferencing, analog video, digital video, and AC power line signaling"
- a patent for "the ability to sync the messaging capabilities of multiple devices"
- a patent for "pausing content in one device and resuming playback of the content in another device"
- a patent to "process messages logically for a user in the context of space and time" (location-based reminders)
- a patent for a "wireless communications systems for providing content to wireless communications devices" (read the patent and I think this is about email and SMS/MMS notifications)
http://techcrunch.com/2012/08/20/motorolas-new-patent-lawsuit-against-apple-the-details/
Concept patents also include the infamous business method patents:
http://en.wikipedia.org/wiki/Business_method_patent
Pinch to zoom is a very specific method for zooming on a touchscreen device. If it were a patent on a concept, that would be like Apple patenting the ability to zoom on mobile devices. The arguments against pinch to zoom are based on stuff like prior art, obviousness, natural evolution, that there should be limits on length of validity of patents in fast-moving industries, that there shouldn't be patents just specifically for mobile devices, or just a belief that there shouldn't be software patents in general.