Rogaway's patent grants are now
very liberal: they cover all open source and everything non-military. It passed through CFRG, too, and is documented in an RFC:
https://tools.ietf.org/html/rfc7253But yes, definitely the fact that there were patent grants hurt it a lot in adoption before; even when (as in WiFi) it was one of the contenders, CCM is more common.
A few things do use it: off the top of my head, I think Mumble does, although I think that's an earlier variant (OCB2, perhaps, rather than OCB3 as documented in the RFC?).
I'm also looking forward to the results of the CAESAR authenticated-encryption competition - http://competitions.cr.yp.to/caesar.html - there's a lot of competition, and quite a few entries fell and have been withdrawn. The current version of OCB is among the current list of contenders, among several other interesting candidates.