I do not think patents are very relevant to software. Anyone remember the EOLAS vs Microsoft case that made us rewrite some of our web pages if we didn't want the "Click to activate"? What about MS making claims against Linux? Or the case against RIM? Amazon has it's click-once patent. What about click-none? Can I patent that? How many billions are wasted on blood sucking lawyers and payouts? The one sure loser in patent cases is the customer.
Even though I despise software patents, alas (yeah maybe I'm bragging now), my name is listed on one as an inventor. It describes a system we built to use video, Point-of-Sale/Casino Games data into a proactive business intelligence tool. In laymen's, one didn't have to watch their employees 24/7 and review register count reports, the system would flag possible theft and give a real-time view of activity, money, reports and all with sync'd video.
It was a very successful product that got a lot of dishonest people fired and kept many honest people...well, honest. Sometimes I wonder what new goodies the new developers have added since leaving...
-Jer