If you release a product, or even announce technical details, before you apply for a patent or a provisional, then your own invention now counts as prior art which will prevent you (or anyone else) from ever patenting it. If I start selling time machines today, and apply for the patent tomorrow, I'll get rejected as there is prior art (fortunately, in that case I can just refile the day before I started selling).(...)
Wait a sec... from what I see iPhone has been released 29 June 2007 and on the US Patent Office webpage I can see filled date April 11, 2008. Release date for iPhone touch is even earlier.
Does it mean, that Apple patent is invalid due to prior art thing?
Suggest you just sit there and wait till life gets easier.