To get to the photo receptor (pixel) density of the D800 Canon will have to come up with a back illuminated CMOS chip design similar to what is used in the D800 (photo receptors on one side (the backside) ... My understanding is that Sony owns the patent for that CMOS design ...
Wrong on both counts.
First, the improved DR and such of recent sensors used by Sony, Nikon, Olympus, Panasonic and Leica are due to using on-chip analog-to-digital conversion, in particular the "column-parallel" approach with ADCs at the bottom of each column of photosites. I have seen no indication that any of these sensors use back-illumination, which seems only to be used and useful with the far smaller photosites of sensors for phones and small compact cameras.
Second, neither the on-chip column parallel ADC nor back-ilumination are exclusive to Sony, even if Sony has patents on some approaches to each technology and puts our more press releases about them than other sensor makers. For example, Samsung, Panasonic, and CMOSIS is all makes sensors using column parallel ADC, and multiple companies use back illumination in some smaller sensors (though no sensor maker does so in any "SLR sized" sensors.)
In short: it is not that Sony is unique in having this new generation of sensor technology, but that Canon is (almost) unique in not yet using it.
P. S. comments from CMOSIS on its use of both these technologies:http://www.cmosis.com/technology_main/technology
A Panasonic sensor with column-parallel ADC, the MN34070 (used in the GH2):http://www.semicon.panasonic.co.jp/en/support/catalogs/pdf/T12013CE.pdf
And one from Aptina, who Nikon has worked with for Nikon One system sensors: http://www.aptina.com/assets/downloadDocument.do?id=498