Concurring Opinion, MICROSOFT CORPORATION, Petitioner, v. i4i LIMITED PARTNERSHIP et al. U.S. Supreme Court. Case No. 10-290. Argued April 18, 2011 — Decided June 9, 2011, here.
Justice Breyer concludes that "(B)y isolating the facts (determined with help of the “clear and convincing” standard), courts can thereby assure the proper interpretation or application of the correct legal standard (without use of the “clear and convincing” standard). By preventing the “clear and convincing” standard from roaming outside its fact-related reservation, courts can increase
the likelihood that discoveries or inventions will not receive legal protection where none is due."
