Lets turn this statement around. The real achilles heel for patents is open source. If someone puts it patented software into GPL software, that software becomes GPL too. If SCO have put there stuff in linux it's GPL.
But in general IMHO the one who puts illegally patented stuff in GPL software is the one who is violating someone rights. So question is not if there is patented software in Linux but just who put it there. And my guess is that that's hard to prove.
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Lets turn this statement around. The real achilles heel for patents is open source. If someone puts it patented software into GPL software, that software becomes GPL too. If SCO have put there stuff in linux it's GPL. But in general IMHO the one who puts illegally patented stuff in GPL software is the one who is violating someone rights. So question is not if there is patented software in Linux but just who put it there. And my guess is that that's hard to prove.