Based on what I've read, Samsung is on rather shaky ground. Apple said that it has already paid the licence via Intel, but Samsung says there are components Apple purchased from other parties where licence fee has not been paid. The 3G patents in question are FRAND patents which cannot be refused to be licensed to anyone on a Fair, Reasonable, and Non-Discriminatory term. Samsung wants to charge Apple an amount on those components which Apple said is not Fair, Reasonable, and Non-Discriminatory.
The copying by Samsung, on the other hand is so blatant, that any unbiased person would agree that law has been broken. See this:
http://www.cultofmac.com/116250/samsung-does-not-copy-apple-at-all-sure/
This article has not even talked about the copying on the software side. Anyone who has used the original Samsung Galaxy and compare that to Samsung Galaxy S would immediately notice how much copying has taken place in the software UI.
The patents violated by Samsung are not FRAND patent, which means Apple is not compelled to licence it to Samsung. On the other hand, FRAND patents must be licensed as the adherence to those standards are the only way to achieve an outcome since the law of physics cannot be overcome.
Steve Jobs had contacted Samsung privately asking Samsung to do the right things, without success. Apple wants to settle out of court because it values the supplier/customer relationship. Samsung did not want to do the right thing, it seems.