Ming makes a valid point on IV, referring to the fact that the judge did not mention the "colorably different" issue. He concludes that the judge will issue a royalty rate on the 15th of August.
I also wondered why he didn't advise the parties that this would be an issue of discussion.
I'm still fairly certain that the judge would not decide the colorably different issue on his own. However, what I could envision is that the judge does in fact issue a RR on all the products in question with the qualifier that Apple submit a brief explaining why certain products are colorably different; in point of fact shifting the burden of proof on Apple.