In June of 2013, Apple requested the Board to institute IPRs for several of VirnetX's patents.
My analysis on that issue can be found here: seekingalpha.com/article/1732342-an-insi...-patents
Indeed, late last year, the Board stated that the "plain language of the law" bars the Office from instituting an IPR after a lawsuit has been filed for more than one year.
This week however, Apple has asked the Board for a hearing to argue that this interpretation of the "plain language of the law" is erroneous and the IPR should indeed be instituted.
A PDF of that filing can be found here: