If domain holders are investing in their sites with good quality content , usability, inbound links the WHOIS is probably one of the more minor considerations. I can't seriously see a site outranking another purely on it's WHOIS reputation. I can see a spammer WHOIS being flagged -if they leave enought traces.
Spamming techniques which grow out of the above mentioned patent's objective are likely to be picked up fairly quickly I'd say. Either reported, editorially or algorithmically picked up.