Actually I did some research on this and it turns out that the technique was patented following a talk given by a Nvidia engineer to some Creative personal.
From Mr. Dietrich of Nvidia:
"Don't worry about it fellas. I described this technique publicly a few months before they filed the patent - hence Prior Art. Ironically, it was at a Creative Labs developer's forum.
During my stencil buffer talk, I described doing shadow volumes the 'reverse' way. At the time, I didn't realize the major reason why the z fail method is better than the z pass method, although I did realize they were logically equivalent, which is why it's now known as 'Carmack's Reverse' and not 'Dietrich's Reverse'!"
It could have been a coincidence, but the patent was filed before Carmack officially announced anything. Anyway, I thought it might be relevant because in the Beyond3D interview with Dean Sekulic he says:
"Oh, and don’t forget - while Creative Labs holds a patent for 1-pass shadow volume rendering, I'm not touching that with a 10-foot pole!"