According to this Eurogamer article
, that patent wasn't intended for use with PS4.
Interestingly, I also spoke to a Sony source elsewhere at the event this evening who told me that the anti used-game patent discovered last month was actually nothing to do with PlayStation 4 at all.
That's by no means definitive, we have no idea who that source is, but it gives me hope. Everything else Sony said to the press in the wake of the PS4 reveal suggests that they're going to allow publishers to decide what to do about used games, not the uniform restriction that MS have decided upon.
The reason why I'm suspicious of Sony is that EA publicly dropped their online pass program just a week before the XBO reveal, and they signalled that they're scaling back their plans for the Wii U around the same time. Maybe that's all coincidental, but it does leave the impression that Sony and MS have decided to jump off the cliff together.