“have an odd affection for software patents that should never have been granted– vague, obvious to one “proficient in the art”, or already invented by someone else.”

My favorites have been the on a computer / the internet.

Not really clear how this comment relates to anything. The distinctive question under consideration at the high court, of whether the federal government can intervene as in effect a litigant in its own process, applies equally no matter what subject matter there might be to a patent, whether mechanical, biotechnology, software, or whatever.

For what it’s worth, most references to software patents at this website have been implicitly skeptical of the breadth of legal protection granted to them. Whatever group of libertarian intellectuals you may have in mind as unduly reverent toward such patents, they are probably well aware that libertarians as a group take divergent positions and that there is no enforcement of any line.

https://www.overlawyered.com/?s=%22software+patent%22