It's worth noting that the 3D Graphics patent was deemed invalid based on the "machine or transformation" test given by the Federal Circuit Court in the Bilski decision. This decision has been appealed to the Supreme Court, who will rule on it next year. The prevailing opinion is that they will make some modifications to the Bilski ruling, since the Supreme Court rarely takes cases and just rubber-stamps the previous rulings.

So, depending on how the Supreme Court ruling on Bilski comes out, the software patent landscape could change significantly in the upcoming months, or stay largely the same.