There are appealable issues relative to exhaustion. If I were Samsung, I would file on both issues (infringement and exhaustion) to preserve for appeal.
I'd be careful if I were Samsung. Their motives over the FRAND patents are extremely questionable and they are already being investigated for antitrust over the abuse of these patents. The fact they revoked patents clearly in a bid to extort monies, either through relicensing or litigation, is an antitrust violation. Again, these are the facts as they stand.
