Maybe, maybe not. Software patents covers processes and methodologies so it may not be as simple as just rewriting the code a little differently to accomplish the exact the exact same thing.
This is the problem with software patents and patents in general in the digital age - they are too broad and too easy to obtain.
To illustrate how ludicrous the process is, a company called Gemstar patented the "idea" of presenting TV listings in a grid like format. All cable systems and devices like Tivo had to pay Gemstar a royalty to display the listing in such a format. Fortunately, this patent is starting to be broken.
There are many more gems out there. The doubly-linked list (invented and openly published without patent in the 50s) was recently patented, and so is the progress bar.
What's really sad about a lot of these patents is that they are computerizing or web-izing what has already been done on paper or computer for years. Take the one against Dell a few years ago for calculating various costs associated with an order (taxes, shipping, etc.).