FRAND is not really a legal definition in the US (although that's changing somewhat as more precedent is being set).
So far it's almost always been enforcement of agreements (through actual contracts and implicit licenses) due to the patent holder participating in things like standards bodies. That's why most of the major standards bodies require patent disclosure and some sort of patent license (whether it's royalty free or otherwise) in order to participate in them.
In any case, I don't believe pinch to zoom is currently being standardized anywhere, so why would it be licensed under FRAND terms?
I like Posner's argument where many of these types of patents, if they're going to be granted at all, should be held to essentially FRAND terms (since there aren't really any damages you can show in the case of infringement), but we'll see how that goes.
So far it's almost always been enforcement of agreements (through actual contracts and implicit licenses) due to the patent holder participating in things like standards bodies. That's why most of the major standards bodies require patent disclosure and some sort of patent license (whether it's royalty free or otherwise) in order to participate in them.
In any case, I don't believe pinch to zoom is currently being standardized anywhere, so why would it be licensed under FRAND terms?
I like Posner's argument where many of these types of patents, if they're going to be granted at all, should be held to essentially FRAND terms (since there aren't really any damages you can show in the case of infringement), but we'll see how that goes.