It clearly reads on the USPTO site: "United States Patent Application". This is an application for a patent, NOT a patent! Just because someone files an application does not mean they are going to get a patent (even if they usually do).
Apple did not "just do some Evil" here. This is simply bad reporting about someone's mistaken mis-observation. I don't know why, but when it comes to Apple, a lot of people's normal inhibitions for shoddy reporting become spectacularly lowered.
Now, looking at the claims, this patent application could probably be attacked from another angle (such as obviousness).