vxconvert and Apples Touchless filesystem migration

Christian pointed me to an interesting fact: The proposed mechanism of the touchless filesystem migration looks really similar to the mechanism of used in the vxfsconvert. From the vxfsconverter(1M) manpage for HP-SUX (The feature is available on other plattforms as well, but this was the first one in Google ;) ):

For every regular file inode, vxfsconvert allocates and initializes enough extent data to map all of the file's data blocks. This translates only the representation of the file's data blocks from the old format to that of VxFS. It never copies or relocates user data blocks.

A quick search told me, that the vxfsconvert command dates back into 3.5 of 2002. I don´t think, that Apple will get this patent … or did i miss something while speedreading the patent application?