According to the article, they merely applied for the patent. If it is indeed similar to how Phatnoise did things, it can be shot down due to prior art. If they invented it before Phatnoise did, and are granted this patent, then Phatnoise might owe them back royalties.
However, with all patents it's not what the pictures say, or what the overall concept is, it's what's in the claims. If they claim a specific algorithm or technique, then all one would need to to do circumvent this patent is use a different algorithm or technique.