Gesture controls weren't *gasp* invented by Apple, so I doubt there'll be any such lawsuits in the offing. Indeed, any patent'd have to pass the "non-obvious" test, so given that Asus, Synaptics, ART, Dell, Interlink (they actually have a patent for a gesture-based touchpad control for a home entertainment system from 6 years ago) have all worked on this idea (and others besides), it fails explicitly on prior art grounds, and implicitly on the "non-obvious" test.