That's what Apple is trying to do with its current prior arts patents. Apple is more interested in a ban than fine. Apple always pursue the ban option in every lawsuits. Why did Apple go this direction if they just wanted compensation? Apple wanted to kill Samsung via lawsuits/ban not through competition in the market.
If you are the owner (samsung) and Apple tells you they will pay 10 cents per device and then say you have to pay $40 per device for Apple prior arts patents, how would you feel? I would tell Apple to go fly kite. Apple is abusing the SEP to not pay. As simple as that. A thief using the broken law to justify stealing, that's what it is. Other companies are able to have deals with Samsung, so Apple holding out with ridiculous demands is the main culprit.
And they are prior arts. What rights Apple to demand for ridiculous amount based on prior arts? Apple is the robber here. It is like: " Either pay as I demanded or I sue the hell out of you in MY OWN COUNTRY WHERE THE JURY WILL FAVOR ME. "
I've already told you the reasons why. If Apple were to try to ban based on essential patents that they held would probably stopped just as quick.
You are trying to treat essential patents the same as regular patents and you can't always do that.
A thief using the broken law to justify stealing, that's what it is. Other companies are able to have deals with Samsung, so Apple holding out with ridiculous demands is the main culprit.
If you feel the law is unjust then thats where the problem lies, not with the people who follow it. Not sure why you would call someone a thief who are not technically not breaking the law.
Some could say Samsung is using its essential patents unfairly for banning products. Considering such bans have been blocked several times in the past. So its all relative.Apple is abusing the SEP to not pay.