When your patent is a non-SEP you're allowed to license it to whoever you want (and charge whatever you want). These Apple patents aren't SEP's, so Apple can do as they see fit. Now Samsung, on the other hand, dropped their SEP's from this case. Good thing too, since they have been under scrutiny by the FTC for their obvious abuse of SEP obligations. Too bad, I hoped Samsung was stupid enough to bring their SEP's up in this case just to see the end result.