It appears that Google has gotten religion on patent abuse.
This is something that has been true for over 20 years.
When the United States Court of Appeals for the Federal Circuit was established, software, business plans, and species were specifically not patentable, and the law is fairly clear that they should not be.
The wiggle room was that while free standing software is “tangible” because it required a computer to run on…Where they got business plans…I’m not sure.
Unfortunately, this court resembles a man with just a nail, and so has increasingly seen everything as a nail, which is why this court was recently slapped down by the Supreme Court.