http://www.uspto.gov/patents/resourc...jsp#heading-24 The grant confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” and its territories. You don't need to sell to violate the patent. Even making the invention or using the invention can be prohibited.
You will get into trouble if you offer your keyboard in the US (since Swype is patented in the US). I am not sure if Swype is patented elsewhere but it wouldn't be too difficult to do a quick search (my own search seems to indicate that it is only patented in the US). In other words, you should be fine to release your keyboard to anywhere but the US. My guess: Host it on a non-US based server and also put a disclaimer that it should not be used in the US. I could be smoking pot and be way off my mark here but that's my humble take on the matter.