Intel Corp. v. Advanced Micro Devices, Inc. — Breyer, J., dissenting

Summary

In his dissent, Justice Breyer argued that § 1782 should be subject to categorical limits to avoid international disharmony and excessive discovery costs. He proposed deferring to the foreign body’s view of its status as a tribunal and barring discovery when it is unavailable under both foreign and domestic law. Applying these principles, he would dismiss the proceeding because the European Commission denied tribunal status and AMD would lack equivalent rights in Europe or the United States. He respectfully dissents from the majority’s contrary reading.