The patent is for Metaphone 3, a new version of the algorithm that was released in October 2009 and improves on the previous ones. The differences are why the Ruby gem, which already has Metaphone and Double Metaphone implemented, got a discussion going about porting Metaphone 3 from Java.
That patent has actually been abandoned. Can't find any continuations filed on it either. So as far as I can tell, he doesn't have any patents on the algorithm/process
http://www.google.com/patents/US20090043584