If they "took his code", that's a copyright issue, and patents aren't necessary to prevent it. Regardless, "e-mail, but on mobile internet" is not something that should be patentable, and even
if this one case were justified, the overall effect of software patents is negative, and consists mostly of incidents such as Microsoft only supporting filesystems they have patents on, and extorting with them any device manufacturer that wants to interoperate with Windows [1], or patent trolls threatening small businesses for connecting their printer to the internet.
[1] https://en.wikipedia.org/wiki/ExFAT#Legal_status