I wonder how they think they can get a patent, if the plant came from a naturally occurring sport?
If another one grows spontaneously in my yard, and I propagate it I would think they'll have a very hard time proving that my plant is identical to their plant, and defending their patent.
But then .. . I think trying to get a patent on any plant is pretty dumb in the first place. People are going to propagate plants no matter, and give them to friends and family so what's the use?