That is merely a patent application, not a patent. Also, an example of misleading tech journalism that dcurtis didn't change on his website even after multiple people pointed this out.

I guess the hypothetical reality is more interesting than real life.

Does the distinction matter to most software developers? From my perspective, the legal risk is almost identical. Something will most likely make its way through the patent office. At that point you can be sued and (unless you're independently wealthy and have plenty of free time or you have an employer who will take care of your legal defense) the quality of the patent doesn't matter.