I'm sure they figured it out before the release.
They are either paying a license fee or they came up with their own similar but different design.
They were very specific that they were not licensing.
I guess we'll see, as legal action is already moving.
Maybe they are counting on EU patents vs. US patents, who knows.
Both are based on touch capacitance, similar to the basics of some touch screens, yet there hasn't been a legal action there.
I never have understood how you could patent something, and then someone makes an improvement to it and re-patents it, when it is still based on the original patent, and if you remove that original patent portion, the new one can't work

(yes, I realize that is vastly simplified from what really happens, but you get the drift)