Why would you need bounce back at all? It's one of those things that gives iOS it's personallity, you could definately make a touch based user interface without bounce back.
The jury also found that the Nexus S 4G infringed the scrolling patent even though it doesn't include "bounce back" and, instead, using stock Android's "overscroll glow" (which, in theory, was supposed to work around the Apple patent). I'd say the breadth of this particular patent is an unsettled question, at the very least.