There's more than one way to implement pinch-to-zoom:
Fast forward to 2:22: Pinch to zoom as demonstrated by Sony back in 2001; six years before Apple applied for the 7864163 patent.
As this apparently doesn't qualify as prior art; Apple can't claim infringement either.
So specific implementation details must matter. The general idea cannot be what Apple claims ownership of. The idea has been around for a long long time (Minority Report from back in 2002 being yet another example) and hardly qualifies as novel.