Apple might be infringing some patents since they are set as a standard which everybody must follow. There was only one way they could choose. This is the reason why FRAND rule exists.
The reason why FRAND exists is explained in the article. Its not so you can copy rightful tech. patents without paying license fee. You can build your own standard, make your own CPU (ie Samsung), or your own memory, radios, receivers etc. There is no must. The must you are talking about is called free market.
Samsung has been infringing some patents because they just thought it looked nice and they didn't want to spend time to develop their own design. There were so many ways they could choose.
The dutch court said the gallery app infringes on one software patent as I remember. And the German court stated that the reason why they've banned sales is because they look similiar and there are other ways the tablet could look. I am not sure it was a patent battle. It was a community design.