Unenforceable??? Then why did the judge permit this mental masturbation to continue?
People are reading too much into the judge's comment. The original order was signed by a Magistrate (a kind of "junior judge"). Apple (as was its right) appealed the Magistrate's ruling to the District Judge. What the judge said was that, since the order was on appeal, it couldn't be enforced until that appeal was decided. He didn't say that it was never valid.
The order asked for input from Apple and, specifically, the 'burden' had not been determined.