As we know, all of VirnetX's responses are all over 50 pages and are accompanied with a petition to waive the 50 page allowance. Because VirnetX's responses are in essence non-compliant upon submission, they are treated as "incomplete" until the PTO decides on the patent owner's petition. In the case of VirnetX, their petitions are being granted. Upon granting VHC's petition, the filing is then considered "completed" and the 30-day window begins.
I looked over the 95/001789 docket, which has the Apple filing.
IMO Apple is taking a terrific risk, because if the PTO deems the VHC filing compliant, Apple SHOULD be screwed. VHC applied for the waiver with the original filing. The rules are very clear as you see from the prior post and how Cisco and the rest filed their response even without the PTO determination.
IMO this is not a sound strategy. The better course of conduct is always to file the reply - no matter what - and then hope for the best that the PTO deems the PO Response non-compliant. But you don't take a gamble like this and then have no back up if the PTO says the filing was compliant as made.