You can't patent cutting up a block of copper to make some grooves and fins and slapping a guide block on top of it with a couple of ports, that's just how blocks are made.
EK's patents look to be focussed on mounting (ExactMount used on the Velocity 2), fittings attachment (the screw shaft and fluid path on the ultra low profile Torque adapters), bridges and distribution (that weird triangular top plate for an Asus Formula board with VRM block paired with a Velocity block), and manufacturing techniques (aluminium-silicon-magnesium casting of cold plates).
Oh, and that tube bending block which looked interesting but sucks in real life.
So, if somebody wanted to embed spring-tensioned, non-rotating posts into their block's body and attach to the PCB via low-torque thumbscrews through a 2mm thick backplate on the rear of the motherboard, then yes they'll fall foul of one of EK's patents. Taking a 3mm endmill and a 0.1mm skiv to a block of copper isn't going to invoke the ire of anybody.
And these days going to market isn't nearly as difficult as it used to be. Plenty of turnkey solutions for storefronts out there to sell your wares, just be sure you have all the proper legal stuff in place and you can absorb the costs of RMAs.
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