I appreciate where your head is at, but I don't think it's very likely that a court is going to agree with you. Contrast to the canonical "One-Click Shopping" patent, this patent covers radio waves of a specific type that you'll be producing and not just an abstract business process. Just because there's a way to violate that patent by writing code for a programmable radio doesn't mean that it's a software patent.

Heck, in the middle ground between "one-click shopping" and LoRa modulation, you have things like audio and video codecs. These are primarily math-based patents, but they have had pretty broad patent protection for a long time compared to more abstract business-process/software patents. Where this might get interesting specifically for LoRa is that France is one of the rare places that doesn't seem to recognize AV codecs as patentable (and which is why VLC is distributed from France) and Semtech is based out of Grenoble!

No, for instance Chirp Spread Sprectrum (mentioned by @tonyarkles in another reply), which is what you would patent (and there are patents on it) has nothing to do with software, although it can be implemented in software using SDR.