It doesn't matter what you describe them as. What matters is what you can enforce them on. It's clever that you focus on VPN while ignoring product pertinent to this conversation: iMessage. Virnetx not only thinks they deserve credit for any end-to-end messaging app but also wants to shut them down.
http://btlj.org/2016/04/patent-privateering-virnetx-v-apple/
http://www.medianama.com/2016/05/223-now-virnetx-wants-apple...
Not just Apple's. They're going after any big company that's doing end-to-end encryption plus has money. They're also asking products to be taken off the market. Nobody used their patents or invention to build their products. The state-of-the-art in this space is way ahead of Virnetx's paltry offering that nobody wants. The only results of patents here are (a) anti-competitive behavior, (b) leeching off successful companies, and (c) probably helping NSA defeat widespread crypto easier via BULLRUN program and their partners at SAIC.
"Proves my point in previous post - small players don't have to re-invent the kitchen sink (in this case smartphones) but rather should focus on some small innovation (e.g. a VPN on demand feature - except translate to something of tomorrow - these patents are from 10-15 years ago). Find that 50 LOC"
What are you talking about? You can't sell 50LOC: you have to have whatever is standard or nobody will buy it. That's easy without patent enforcement in effect. Just build it, deploy it, and get first-mover advantage. Now, let's test your little theory on VOIP which Vodaphone has a patent on. How do you create a voice over IP product without infringing a patent that claims to cover any transmission of voice over any data channel? And in courts that rule in favor of patent-holder almost 100% of the time?
Good luck.
"Patents enable the small player to innovate and find success."
Most patents are filed by (a) big companies that sue small players for infringement or (b) Universities that sell patents to big companies that sue small players for infringement. The smaller companies, independent or academic spinoffs, often get acquired by big players that then sue small players for infringement. The big companies also hit outrageous profit margins due to lack of competition. Most studies of effect on patent system shows this to be the case.
Your claim about small businesses is a legend. That is, it's mostly a myth but with occasionally success stories to give it what little truth it has. Patents don't create innovation: corporate competition and often, government-funded research create most innovation. Patents then just restrict competition and drive prices up.