The pending patents are for hardware, not software. They cannot apply to a box of software people purchase.
Okay, everyone seems to be very ignorant here, and the article isn't explaining this, so I guess I have to give a damn history lesson:
The US government requires that you put notification of patent use on things you sell. (Either your own patent, or something you've licensed from someone else.)
That is fine for issued patents, but what about pending patents? Remember, you can use something for up to a year before filing a patent on it, and you do have some amount of protection when patents are pending.
Ergo, you should have to put pending patent notifications, so people can look those up, too, and not waste their time building something that's going to be in violation of a patent in two months.
Well, the problem then arose. You see, actual patents are easy to look up. Patent lawyers could have copies of the entire set, you could go to a law courthouse in state capital, etc.
Pending patents, OTOH, are real bitch to find. Only the patent office has those. So some enterprising people who couldn't, or didn't bother, to get patents, just went around putting 'patent pending' on everything, resulting in other people unable to figure out what, exactly, was patented. Or they could keep resubmitted a rejected patent, and it remain 'pending'.
Hence, at some point, falsely claiming to have patents pending, or actually having one pending, but unrelated to what you put it on, was made criminal and you can be fined for it.
Those laws don't really make any sense anymore, but are still there.