There is a lot of discussion on IV regarding the possible motives behind the court hearing set for August 15. Much of it suggests the judge is pressing for a settlement. This I don't think is accurate.
The judge is not going to determine what "colorably different" without a hearing specifically addressed at the issue. He would need first allow and understand Apple's (and VHC's) arguments before issuing a ruling.
If he did not proceed in this fashion and made the determination himself, he would have left himself wide open to a reversal on appeal.
Case law reveals that a hearing is warranted on the issue of "colorably different".
He is really moving the case along by doing this in 6 weeks. You could easily find a judge to make you wait six months.