You can patent a name but I doubt you can patent an idea. Example is the copy machine. HP can make one but the cant call it the "xerox machine", but it does the same thing. Apple can not say that another device can not perform similar functions. They can prevent the use of the same name. I think it is a bogus and b.s lawsuit. This lawsuit is turning my respect for apple into disdain.
Um. No. You're talking about trademark. Trademark has to do with names and symbols.
A patent is something completely different. A patent protects a *method* of doing something. In a sense, it *does* protect a idea, although strictly speaking it really protects the method of accomplishing that idea. If you can come up with a different way of accomplishing the same goal, you can get around the patent, but only if there really is another way to do it.
All that said, patents have several tests they have to pass before they are legitimately patentable, and most software patents fail those tests. Unfortunately, the Patent Office has done an incredibly poor job of applying those tests, so a lot of ridiculous patents have been granted.
An algorithm cannot be patented, and pure software is essentially just an instantiation of an algorithm. A patent must be "non-obvious" and a lot of software patents have to do with common functions that some "inventors" just added the words "on a computer" and gotten the Patent Office to approve them. A patent has to be new, so a method that has been in use prior to the granting of the patent should not be eligible for the patent. But the Patent Office frequently does not have the manpower to adequately check for prior art, so a lot of those patents get granted as well.
I don't know the state of the Apple patents. There's a good chance that they are bogus, but they have been *granted* and that puts them in a pretty strong position. Bad patents can be overturned, but it's very difficult to do and expensive if it can be done.