Yeah, though I'm not a laywer and I have not personally studied the Tokutek patent in detail. I did consult at some point on this with somebody experienced in database-related software patents, but please do not take legal advice from me :).

My understanding is that Be-trees are not covered by a valid patent, either because of clear prior art or because Tokutek patented a different data structure. Be-trees are simpler than the original fractal tree afaik (they were not aware of Be-trees at the time of their innovation).