Microsoft Corp. v. I4i Limited Partnership — Breyer, J., Concurring

Summary

Justice Breyer concurred to emphasize that the clear and convincing evidence standard applies only to factual disputes in patent invalidity cases, not to legal questions regarding the application of statutory standards. He suggested courts should separate factual and legal aspects to ensure proper application of the standard. Justice Thomas concurred in the judgment, arguing Congress did not codify a standard of proof in the Patent Act but agreed with the outcome based on common law.