You forget that damages, all damages, have been vacated. Apple will have plausible deniability that it acted in bad faith. ---------------------
You appear to have forgotten that the validity of the patents was upheld and that infringement of VPNoD was upheld.
The damages issue will be decided eventually -- and using the remand of damages as an excuse to keep infringing is kinda, y'know, bad faith. Face it, Apple VPNoD is infringing on valid patents -- the case was tried and appealed. Apple continues to use IP they do not own.
They aren't supposed to play with toys that they don't have permission to play with. It doesn't matter if they made a low-ball offer to buy the toys and the other kids didn't bite. It doesn't matter that the spanking hasn't been given yet. They are playing with toys that they don't have permission to play with.
Most reasonable people would say Apple might indeed be willfully infringing at this point.