In a ruling that is sure to be as controversial as Chief Justice Roberts' healthcare decision, a British judge overseeing a patent case between Apple's iPad and Samsung's Galaxy Tab 10.1 found that shoppers would never confuse the two tablets because -- and these are the judge's words here -- Samsung tablets "are not as cool."

Ouch.

Bloomberg reports that Judge Colin Birss dismissed Apple's claims of patent infringement against Samsung on these grounds and that, in addition to being "not as cool," he ruled that Samsung's Galaxy tablets "do not have the same understated and extreme simplicity which is possessed by the Apple design."

Double ouch.