if you are going to worry about violating software patents, you might as well stop coding, because you probably violate 100s or 1000s with anything remotely nontrivial
There are lots of apps out there that do various forms of this.. dx11 has hardware implementations of it.. but if I implement a software version that implements a simple midpoint subdivision/smoothing, where I smooth the midpoint vertex by some amount based on neighboring edges.. seems to get close to some of the language in that patent.. I'll probably mention it to my employer just in case.