So what if you hold a patent on an extended version of the algorithm, but release a limited version for free? If someone extends the limited version to include

So what if you hold a patent on an extended version of the algorithm, but release a limited version for free? If someone extends the limited version to include the patented work, does the virality of the licence, and it being a derivative of your work, mean that you have no legal recourse? Personally I'm against software patents, but as long as they're legal this seems like a backdoor reason you should never release code under Apache if you have patents in a related field.