Throughout this whole thing I've been left wondering why Apple is going after Samsung only, and not Motorola, HTC, LG, Blackberry, and all the other smartphone manufacturers. EVERY tablet out there looks just like an iPad. Every smartphone and tablet out there has icons and a touchscreen. So why did they single out Samsung, especially considering that Apple depends on Samsung for several key components of their devices? That seems odd to me.
As to your question, I don't know. I agree that the average person, the kind who would be on a jury, does not have the background necessary to understand the issues enough to make a decision on the issue. However, I'm not sure I would be okay with patent attorneys making the decision either because they would have a conflict of interest. They would have a vested interest in siding with Apple because to do so would uphold and perhaps increase the complexities of patent law and make their profession more necessary and valuable. Also, considering how the mind of a lawyer works, seeing the world in a way in which there is always an aggrieved party and someone else at fault, I can see them going into it with a bias toward the plaintiff regardless of the issue.