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I don't think this is a fair assessment. According to this http://www.houstonchronicle.com/business/article/East-Texas-..., at least 95% of patent cases in ED Tex are settled or dismissed before getting to trial.

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Is that because there is actual infringement of a valid patent or the patent holder is offering a settlement that's lower than the court costs to attack the patent?

There are a lot of possible reasons. There are a huge number of ways one party can "win" before a trial. And even if both parties make it past all those hurdles, no one will want to go to trial unless they are absolutely sure they will win: the cost of an adverse jury finding is too gigantic.

All of this is to say, it is not the case that the legal system is gung-ho about giving juries complex IP issues while simultaneously avoiding juries for "easier to understand" criminal matters.

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