There is no such thing as a software patent.
There is no such thing as a rubber patent.
There is no such thing as a steel patent.
There is no such thing as an electricity patent
There is only ... a patent.
OK fine, but there are patents covering applications of rubber, steel, electricity, and software.
So either you think "well it's not a software patent, it's a patent that covers the application of some software" is a useful point to make, or you're being pedantic for pedantry's sake. To the former, I don't think that makes a difference to someone being sued by a patent troll.
https://www.uspto.gov/sites/default/files/documents/RT2%206-...