Wouldn't the job of refutation fall upon the shoulders of Samsung's lawyers? That was their job after all. They seem better at managing public perception before, after, and outside the classroom and fairly incompetent in the courtroom itself.
Yes, the patent system is highly dysfunctional. Yes, the law seems highly dysfunctional. But isn't the job of a high-powered attorney to factor all those vectors, and many more, into their presentation and execution?