Joinder and IPR institution denied based on time bar

Represented the patent owner VirnetX in obtaining non-institution decisions from the Board in two inter partes reviews. Apple recognized that its petitions were time-barred under 35 U.S.C. 315(b) because the petitions were filed more than a year after VirnetX had served Apple with a complaint alleging infringement of the challenged patent. But Apple sought to avoid the time bar by seeking to join its new cases to ongoing inter partes reviews against a different patent. The Board declined Apple’s request to join cases involving different patents.  The Board then denied Apple’s petitions as time-barred.