I guess I don't understand how that can be. The only change would be how those signals get from the command station to the engine. It could quite easily be argued that a change in track type would be a change in the method that those signals is sent since one might be made of nickel silver and another tin plated steel. Air is just another medium. I'm sure their patents are worded in very vague terms to cover anything even remotely similar. If someone could develop the means to do so, they could offer it as a "kit" that isn't complete and could get around any patents. An open source code that modified an existing product could accomplish the same thing.
It seems strange that so many people ask the industry to follow a set of universal standards in regards to appearance accuracy and details but will then give these same people a pass on non compatible, non standard control systems.