I think you read too much into that. The bar for granting stays is 1) will there be irrevocable damage and 2) are they likely to win. I believe that Apple never got past the irrevocable damages part. No comments where made on the validity of the case.
Once again, there is no guarantee that the three judge panel that heard Apple's appeal for a stay is hearing the appeal. According to what I read, basically the apples panel denied the appeal because the DOJ granted that Apple was correct in the limits that were placed on the monitor. The appeals panel confirmed the limits on the monitor, which was really what Apple was looking for.
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