Creator here. I would absolutely agree with this, but let me shed a bit more light to clarify: the underlying idea of B+ trees with inline caches is not patented (or maybe it was, but a long time ago?). Tokutek's patents are all focused on the methods they use to achieve concurrent operations on a single tree--they have a very interesting & novel locking protocol.

The Hitchhiker tree completely avoids their patents, since it makes very different decisions in order to become purely functional.