The patent is for Metaphone 3, a new version of the algorithm that was released in October 2009 and improves on the previous ones. The differences are why the Ruby gem, which already has Metaphone and Double Metaphone implemented, got a discussion going about porting Metaphone 3 from Java.

Edit: wording.

If he's the holder of that patent, "Lawrence Brooke Frank Philips", then he can enforce it no? At least in the United States.