kimble et al marvel entertainment llc successor marvel enterprises argued march decided june respondent marvel entertainment corporate predecessor agreed purchase petitioner stephen kimble patent toy exchange lump sum plus royalty future sales agreement set end date royalties patent neared end statutory term marvel discovered brulotte thys held patentee continue receive royalties sales made patent expires marvel sought declaratory judgment federal district confirming stop paying kimble royalties district granted relief ninth circuit affirmed kimble asks overrule brulotte held stare decisis requires adhere brulotte pp patent typically expires years application date point unrestricted right make use article passes public see sears roebuck stiffel carefully guarded significance expiration date declining enforce laws contracts restrict free public access formerly patented well unpatentable inventions see scott paper marcalus mfg brulotte applied principle patent licensing agreement provided payment royalties accruing patent expiration held royalty provision unlawful per se continued patent monopoly beyond patent period conflicted patent law policy establishing public domain ibid brulotte rule may prevent parties entering deals desire parties often find ways achieve similar outcomes example brulotte leaves parties free defer payments use patent tie royalties rights make business arrangements contending alternatives enough kimble asks abandon brulotte rule favor approach based antitrust law rule reason pp doctrine stare decisis provides today stand yesterday decisions application doctrine though inexorable command preferred course payne tennessee overruling case always requires special justification belief precedent wrongly decided halliburton erica john fund precedent interprets statute stare decisis carries enhanced force since critics free take objections congress see patterson mclean credit union congress moreover spurned multiple opportunities reverse brulotte see watson even rebuffed bills replaced brulotte per se rule standard kimble urges addition brulotte implicates property contract law two contexts considerations favoring stare decisis acme payne parties especially likely rely precedents ordering affairs given good reasons adhering stare decisis case need strong justification overruling brulotte traditional justifications abandoning stare decisis help kimble first brulotte doctrinal underpinnings eroded time patent statute issue brulotte essentially unchanged precedent brulotte primarily relied like decisions enforcing patent date remains good law indeed brulotte close relation whole web precedents means overruling threaten others second nothing brulotte proved unworkable see patterson contrary decision simple apply particularly compared kimble proposed alternative produce high litigation costs unpredictable results pp neither justifications kimble offers gives cause overrule brulotte pp kimble first argues brulotte hinged economic error assumption royalties always anticompetitive sees error kimble economic analysis even assuming kimble right brulotte relied economic misjudgment congress right entity fix patent laws like sherman act gives courts exceptional authority shape law reconsider precedent based better economic analysis moreover kimble argument based evolving economic theory rather claim brulotte simply made wrong call claim fails clear stare decisis high bar event brulotte even turn notion royalties harm competition instead brulotte simply applied categorical principle benefits must end patent term expires kimble real complaint may go merits principle policy matter congress gets make patent policy pp kimble also argues brulotte suppresses technological innovation harms national economy preventing parties reaching agreements commercialize patents tell whether true brulotte leaves parties free enter alternative arrangements may suffice accomplish parties payment deferral goals neither kimble amici offer empirical evidence connecting brulotte decreased innovation event claims statutory precedent consequences innovation appropriately addressed congress halliburton pp affirmed kagan delivered opinion scalia kennedy ginsburg breyer sotomayor joined alito filed dissenting opinion roberts thomas joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press stephen kimble et petitioners marvel entertainment llc successor marvel enterprises writ certiorari appeals ninth circuit june justice kagan delivered opinion brulotte thys held patent holder charge royalties use invention patent term expired sole question presented whether overrule brulotte adhering principles stare decisis decline critics brulotte rule must seek relief congress petitioner stephen kimble obtained patent toy allows children adults spider person shooting webs really pressurized foam string palm hand patent abstract filed may respondent marvel entertainment llc marvel makes markets products featuring among characters seeking sell license patent kimble met president marvel corporate predecessor discuss idea fun soon afterward without remunerating kimble company began marketing web blaster toy like kimble patented invention enables action heroes mimic use polyester glove canister foam kimble sued marvel alleging among things patent infringement parties ultimately settled litigation agreement provided marvel purchase kimble patent exchange lump sum dollars royalty marvel future sales web blaster similar products parties set end date royalties apparently contemplating continue long kids want imitate whatever spider marvel stumbled across brulotte case heart dispute negotiating settlement neither side aware brulotte marvel must pleased learn brulotte read patent laws prevent patentee receiving royalties sales made patent expiration see decision effect sunset settlement royalty making discovery marvel sought declaratory judgment federal district confirming company cease paying royalties come end kimble patent term approved relief holding brulotte made royalty provision unenforceable expiration kimble patent supp appeals ninth circuit affirmed though making clear none happy brulotte rule complained counterintuitive rationale arguably unconvincing granted certiorari decide whether courts commentators suggested overrule reasons stare decisis demur ii patents endow holders certain superpowers limited time crafting patent laws congress struck balance fostering innovation ensuring public access discoveries patent lasts patentee possesses exclusive rights patented article rights may sell license royalty payments chooses see patent typically expires years day application filed see patent expires patentee prerogatives expire right make use article free restriction passes public see sears roebuck stiffel carefully guarded date patent laws limits case case construed laws preclude measures restrict free access formerly patented well unpatentable inventions one line cases struck state statutes consequence see bonito boats thunder craft boats compco lighting virtue federal law reasoned article patent expired like unpatentable article public domain may made sold whoever chooses sears related line decisions deemed unenforceable private contract provisions limiting free use inventions scott paper marcalus mfg example determined manufacturer agree refrain challenging patent validity allowing even single company restrict use expired invalid patent explained deprive consuming public advantage derived free exploitation discovery permit result whether authorized express contract impermissibly undermine patent laws see also edward katzinger chicago metallic mfg ruling scott paper applies licensees lear adkins refusing enforce contract requiring licensee pay royalties contesting patent validity brulotte brewed barrel inventor licensed patented machine farmers exchange royalties hop crops harvested patents expiration dates vote held agreement unenforceable unlawful per se extent provided payment royalties accru ing last patents incorporated machines expired arrive conclusion began statutory provision setting length patent term see quoting version emphasizing patented invention become public property term expires quoted scott paper attempt limit licensee use invention whatever legal device employed runs counter policy purpose patent laws quoting brulotte view contracts pay royalties use continue patent monopoly beyond patent period even though licensee affected agreements conflict patent law policy establishing public domain every person make free use formerly patented product ibid brulotte rule like others making contract provisions unenforceable prevents parties entering deals desire compared fees royalty plans draw payments time tie payments month year covered product commercial success sometimes parties longer arrangement lasts better beyond patent term end extended payment period coupled presumably lower rate may bring price patent holder seeks within range licensee anyone bought product installment relate see brief memorial sloan kettering cancer center et al amici curiae extended term may better allocate risks rewards associated commercializing inventions notably years development work stand licensing patent bringing product market see milgrim bensen milgrim licensing either goal brulotte may pose obstacle yet parties often find ways around brulotte enabling achieve ends start brulotte allows licensee defer payments use patent period decision bars royalties using invention moved public domain see zenith radio hazeltine research licensee agree example pay licensor sum equal sales patent term amortize amount years arrangement least bring early outlays even everything parties might want allocate risk long timeframe parties still options licensing agreement covers either multiple patents additional rights brulotte royalties may run patent covered parties agreement expires see royalties allowable long tied right even closely related patent see milgrim licensing means example license involving patent trade secret set royalty patent period compensation two combined royalty afterward payment trade secret alone finally broadly brulotte poses bar business arrangements royalties kinds joint ventures example enable parties share risks rewards commercializing invention contending alternatives enough kimble asks us abandon brulotte favor flexible analysis royalty clauses rule reason brief petitioners used antitrust law rule reason requires courts evaluate practice effect competition taking account variety factors including specific information relevant business condition practice imposed practice history nature effect state oil khan primary importance context kimble posits whether patent holder power relevant market might able curtail competition see brief petitioners illinois tool works independent ink patent necessarily confer market power resolving issue kimble notes entails economic inquiry definition market barriers entry like brief petitioners quoting hovenkamp janis lemley leslie ip antitrust supp hovenkamp iii overruling precedent never small matter stare decisis english idea today stand yesterday decisions foundation stone rule law michigan bay mills indian nity slip application doctrine although inexorable command preferred course promotes evenhanded predictable consistent development legal principles fosters reliance judicial decisions contributes actual perceived integrity judicial process payne tennessee also reduces incentives challenging settled precedents saving parties courts expense endless relitigation respecting stare decisis means sticking wrong decisions doctrine rests idea justice brandeis famously wrote usually important applicable rule law settled settled right burnet coronado oil gas dissenting opinion indeed stare decisis consequence extent sustains incorrect decisions correct judgments need principle prop accordingly argument got something wrong even good argument effect justify scrapping settled precedent otherwise said alone sufficient decide case differently reverse course require well termed special justification belief precedent wrongly decided halliburton erica john fund slip stare decisis carries enhanced force decision like brulotte interprets statute unlike constitutional case critics ruling take objections across street congress correct mistake sees see patterson mclean credit union true contrary dissent view see post opinion alito regardless whether decision focused statutory text also relied brulotte policies purposes animating law see bilski kappos indeed apply statutory stare decisis even decision announced judicially created doctrine designed implement federal statute halliburton slip interpretive decisions whatever way reasoned effectively become part statutory scheme subject like rest congressional change absent special justification balls tossed congress acceptance branch elects congress spurned multiple opportunities reverse brulotte openings frequent clear ever sees brulotte governed licensing agreements half century see watson stating long congressional acquiescence totaling years enhance even usual precedential force accord interpretations statutes internal quotation marks omitted time congress repeatedly amended patent laws including specific provision brulotte rested see uruguay round agreements act stat increasing length patent term act stat limiting claims brulotte survived every change indeed congress rebuffed bills replaced brulotte per se rule analysis kimble urges see tit ii providing patent owner guilty illegal extension patent right reason licensing practices unless practices violate antitrust laws congress continual reworking patent laws never brulotte rule supports leaving decision place yet done subject matter brulotte adds case adhering precedent brulotte lies intersection two areas law property patents contracts licensing agreements often recognized contexts cases involving property contract rights considerations favoring stare decisis acme payne khan parties especially likely rely precedents ordering affairs sure marvel kimble disagree whether brulotte actually generated reliance marvel says yes parties claims specify end date royalties licensing agreements instead relying brulotte default rule brief respondent see epstein eckstrom licensing foreign domestic operations noting necessary specify term license decision like brulotte limits law overturning brulotte thus upset expectations licenses patents spring back life true says kimble unfair surprise unlikely meaningful number license agreements actually exist reply brief honest know suspect marvel kimble even uncertainty score cuts marvel direction long see reasonable possibility parties structured business transactions light brulotte one reason let stand superpowered form stare decisis need superspecial justification warrant reversing brulotte kinds reasons often held sufficient past help kimble anything reinforce unwillingness asks first brulotte statutory doctrinal underpinnings eroded time reverse statutory interpretations often point subsequent legal developments either growth judicial doctrine action taken congress removed basis decision patterson calling primary reason overruling statutory precedent core feature patent laws brulotte relied remains section draws sharp line cutting patent rights set number years continued draw legislative choice broad policy favoring unrestricted use invention patent expiration see supra scott paper decision brulotte primarily relied remains good law decisions refusing enforce either state laws private contracts constraining individuals free use formerly patented unpatentable discoveries see supra brulotte kind doctrinal dinosaur legal sometimes depart stare decisis compare alleyne sotomayor concurring slip contrary decision close relation whole web precedents means reversing threaten others brulotte outdated example scott paper prefer unsettle stable second nothing brulotte proved unworkable see patterson identifying unworkability another traditional justification overruling precedent decision simplicity apply need ask whether licensing agreement provides royalties use patent problem dice brulotte ease use appears still sharper relief compared kimble proposed alternative recall wants courts employ antitrust law rule reason identify invalidate royalty clauses consequences see supra whatever merits may deciding antitrust claims elaborate inquiry produces notoriously high litigation costs unpredictable results arizona maricopa county medical reason trading brulotte rule reason make law less workable case sticking precedent grows stronger even usual reasons abandoning stare decisis cut way iv lacking recourse traditional justifications overruling prior decision kimble offers two different ones claims first brulotte rests mistaken view competitive effects royalties contends next brulotte suppresses technological innovation harms nation economy dissent offers versions arguments see post consider two claims turn answers much kimble reasoning may give congress cause upset brulotte warrant according kimble overrule brulotte hinged error economics assumed royalty arrangements invariably anticompetitive brief petitioners true kimble notes indeed agreements often increase inhibit competition patent expires see noted earlier longer payment period typically go lower royalty rate see supra patent term reduced rates may lead lower consumer prices making patented technology competitive alternatives lesser rates may enable companies afford license fostering competition among patent users see brief petitioners patent expiration kimble continues benefits follow absent high barriers entry material caveat even agree see tr oral arg licensee continuing obligation pay royalties encourages new companies begin making product figuring quickly attract customers undercutting licensee price see brief petitioners light realities kimble concludes brulotte per se rule makes little sense join issue kimble economics follows broad scholarly consensus supports kimble view competitive effects royalties see error shared analysis see citing numerous treatises articles critiquing brulotte still must decide means brulotte kimble course says means decision must go positing brulotte turned belief royalties always anticompetitive invokes decisions abandoned antitrust precedents premised similarly shaky economic reasoning see brief petitioners citing leegin creative leather products psks illinois tool works agree kimble conclusion must resolve two questions favor first even assuming kimble accurately characterizes brulotte basis decision economic mistake suffice overcome stare decisis second fundamentally brulotte actually founded kimble contends analysis competitive effects brulotte antitrust rather patent case might answer questions kimble like viewed stare decisis force cases involving sherman act see khan congress explained intended law reference restraint trade changing content authorized courts oversee term dynamic potential business electronics sharp electronics therefore felt relatively free revise legal analysis economic understanding evolves kimble notes reverse antitrust precedents misperceived practice competitive consequences see leegin moreover question cases whether challenged activity restrained trade rulings necessarily turned understanding economics see business electronics accordingly overturn decisions light sounder economic reasoning take terms halliburton slip brulotte patent rather antitrust case answers questions instead go kimble begin even assuming brulotte relied economic misjudgment congress right entity fix contrast sherman act patent laws turn exceptional authority courts accordingly statutory stare decisis interprets congress decides whether amend retains usual strong force see supra shown doctrine ordinarily bend wrong merits arguments instead assumes congress correct whatever mistakes commit see supra kimble offer reason think erred claim special indeed even point anything changed since brulotte new empirical studies advances economic theory compare halliburton slip considering though finding insufficient recent economic research argument brulotte knew needed know determine royalties usually anticompetitive made wrong call see brief petitioners claim even fails clear stare decisis high bar event brulotte hinge mistake kimble identifies although language invoked economic concepts see supra rely notion royalties harm competition surprising patent laws unlike sherman act aim maximize competition large extent opposite patent term unlike restraint trade standard provides rule rather calling analysis deciding whether royalties comport patent law brulotte undertake assess practice likely competitive effects instead applied categorical principle patents benefits must end terms expire see brulotte supra specifically put held scott paper congress made judgment day patent lapses formerly protected invention must available free restraints even single licensee access invention clash principle see brulotte licensee obligation pay royalties conflicts free market visualized period runs counter policy purpose patent laws quoting scott paper patent antitrust policy gave rise conclusion royalty contracts unenforceable utterly regardless demonstrable effect competition hovenkamp kimble real complaint may go merits patent policy terms formalis rigid ity detachment economic reality brief petitioners different version argument brulotte wrong anything version less capable last trumping statutory stare decisis choice patent policy lies first foremost congress kimble thinks patent law insistence unrestricted access formerly patented inventions leaves little room royalties congress proper audience kimble also seeks support wellspring patent policy goal promoting innovation brulotte contends discourages technological innovation significant damage american economy brief petitioners recall licensors licensees may benefit royalty arrangements allow longer payment period precise allocation risk see supra parties ideal licensing agreement barred kimble reasons may reach agreement see brief petitioners possibility may discourage invention first instance bottom line kimble concludes breakthrough technologies never see light day maybe maybe recognize royalties sometimes anticompetitive say whether barring imposes meaningful drag innovation explained brulotte leaves open various ways involving licensing business arrangements accomplish payment deferral alike see supra alternatives may offer parties precise set benefits obligations prefer might still suffice bring patent holders product developers together ensure inventions get public neither kimble amici offered empirical evidence connecting brulotte decreased innovation essentially ask us take word problem acts licensor licensee patented inventions also implementing patent policy vigorously disputes brulotte caused significant economic harm brief amicus curiae truth told forced decide issue know start one good reason job claims statutory precedent serious harmful consequences innovation repeat opinion refrain appropriately addressed congress halliburton slip branch far one capacity assess kimble charge brulotte suppresses technological progress concludes brulotte works harm congress prerogative determine exact right response choosing policy fix among many conceivable ones optimally serve public interest noted congress legislates actively respect patents considering concerns kind kimble raises see supra adhering precedent complaints promote values courts must attend leaving matters public policy congress decide undecide stare decisis teaches exercise authority sparingly cf lee ditko amazing fantasy world great power must also come great responsibility finding many reasons staying stare decisis course special justification departing decline kimble invitation overrule brulotte reasons stated judgment appeals affirmed ordered alito dissenting stephen kimble et petitioners marvel entertainment llc successor marvel enterprises writ certiorari appeals ninth circuit june justice alito chief justice justice thomas join dissenting employs stare decisis normally tool restraint reaffirm clear case judicial overreach decision brulotte thys held parties enter patent licensing agreement provides royalty payments continue term patent expires decision based anything plausibly regarded interpretation terms patent act based instead economic theory one debunked decision interferes ability parties negotiate licensing agreements reflect true value patent disrupts contractual expectations stare decisis require us retain baseless damaging precedent patent act provides patent grants certain exclusive rights patentee heirs assigns term years act says nothing whatsoever royalties brulotte however held royalties per se unlawful made little pretense finding support holding language act instead reasoned allowing royalties subject free market visualized period monopoly influences proper place invoking antitrust concepts decision suggested arrangements effort enlarge monopoly patent ing sale use patented article purchase use unpatented ones whatever merits economic argument represent serious attempt interpret patent act licensing agreement provides payment royalties patent term expires enlarge patentee monopoly extend term patent simply gives licensor contractual right thus nothing text act even arguably forbids licensing agreements provide royalties brulotte thus bald act policymaking simply case incorrect statutory interpretation really statutory interpretation brulotte based policymaking based policy difficult defend indeed intervening years reasoning soundly refuted see areeda hovenkamp antitrust law analysis antitrust principles application pp ed see caprio trouble brulotte patent royalty term patent monopoly extension utah rev scheiber dolby brief petitioners collecting sources ante brulotte misperceived purpose effect royalties decision rested view royalties extend patent term means tying arrangement understood arrangement patent holder leverages monopoly power patent term require payments term ends invention otherwise available free public use agreements pay licensing fees patent expires enlarge monopoly patent instead nce patent term expires power exclude gone left problem optimal contract design easterbrook contract copyright hous rev economics simple extending royalty term allows parties spread licensing fees longer period time naturally effect reducing fees patent term see ante restricting royalty payments patent term brulotte requires compresses payment shorter period higher fees patent act prefer one approach however good reasons parties sometimes prefer royalties upfront fees arrangements effects patent holders licensees often unsure whether patented idea yield significant economic value often takes years monetize innovation circumstances deferred royalty agreements economically efficient encourage innovators like universities hospitals institutions invest research might yield marketable products decades line see brief memorial sloan kettering cancer center et al amici curiae allow producers hedge bets develop products spreading licensing fees longer periods see ibid prohibiting arrangements brulotte erects obstacle efficient patent use patent law areas abandoned per se rules similarly disruptive effects see illinois tool works independent ink leegin creative leather products psks majority downplays harm insisting parties often find ways around brulotte ante need avoid brulotte economic inefficiency parties always aware prohibition case amply demonstrates suggested alternatives provide benefits royalty agreements instance although agreement amortize payments sales patent term bring early outlays admits agreement might reflect parties risk preferences ante moreover arrangement necessarily yield amount total royalties particularly invention medical breakthrough takes decades develop marketable product sort agreements brulotte prohibits allow licensees spread costs also allowing patent holders capitalize inventions top brulotte often functions upset parties expectations case illustrates point one disputes negotiating settlement neither side aware brulotte ante without knowledge per se rule parties agreed marvel pay royalties future sales involving web blaster similar products parties aware brulotte might agreed higher payments patent term instead sides expected royalty payments continue marvel stopped selling toys fit terms agreement happened marvel discovered brulotte used decision nullify key part agreement parties contractual expectations shattered petitioners rights extinguished suggestion parties come rely brulotte fanciful believes reasonable possibility parties structured business transactions light brulotte ante support conclusion marvel unsupported assertion contracts might specify end date royalties parties expect brulotte supply default rule credit stops short endorsing unlikely prediction saying uncertainty score cuts marvel direction ante real uncertainty know marvel assertion correct marvel provided evidence support ibid reasons believe parties actually relied brulotte supply default rule courts enforce contracts parties expected see lord williston contracts ed know sure however brulotte upended parties expectations many cases see scheiber boggild kenner products pitney bowes mestre confirmed problems retaining brulotte clearly outweigh marvel hypothetical fears ii end brulotte virtue decided render invincible stare decisis important rule law correct judicial decisions adherence prior decisions evenhanded predictable consistent development legal principles fosters reliance judicial decisions contributes actual perceived integrity judicial process pearson callahan quoting payne tennessee stare decisis inexorable command payne supra washington dawson brandeis dissenting revisiting precedent particularly appropriate departure upset expectations precedent consists rule experience pointed precedent shortcomings pearson supra traditional approach stare decisis require us retain brulotte per se rule brulotte holding basis law reasoning thoroughly disproved poses economic barriers stifle innovation unsettles contractual expectations decisive congress altered brulotte rule general especially reluctant overturn decisions interpreting statutes decisions undone congress see john sand gravel patterson mclean credit union calls superpowered form stare decisis renders statutory interpretation decisions nearly impervious challenge ante think goes bit far initial matter give protection decisions actually interpret statute precedent based rule grounded anything congress enacted properly place shoulders congress entire burden correcting error girouard contrary recognized appropriate us correct rules sort see leegin state oil khan says might agree brulotte antitrust precedent stare decisis force cases involving sherman act ante distinction unwarranted willing reexamine antitrust precedents attributes decisions see reason approach apply precedent issue purporting apply statute actually based policy concerns indeed even willing reconsider precedent role implicitly assigned federal courts sherman act parallel patent act cases even taking terms brulotte antitrust decision masquerading patent case principally concerned patentees improperly leveraging monopoly power see expressly characterized royalties tying arrangements see makes sense afford greater stare decisis protection brulotte thinly veiled antitrust reasoning sherman act decisions also places much weight congress failure overturn brulotte long cautioned best treacherous find congressional silence alone adoption controlling rule law girouard supra even congress considered adopted legislation abrogate judicial ruling inferred congress failure act shows approves ruling see central bank denver first interstate bank denver everal equally tenable inferences may drawn inaction ibid quoting pension benefit guaranty corporation ltv passing legislation easy task federal statute must withstand finely wrought procedure bicameralism presentment ins chadha clinton city new york see art within onerous process additional practical hurdles law must taken discussion passed favor pressing matters senate rules require votes end debate legislation even house senate agree general policy details measure usually must hammered conference committee repassed houses proper understanding doctrine stare decisis prevent us reexamining brulotte even defend decision merits reconsider overrule obvious mistake reasons respectfully dissent footnotes petitioner robert grabb later acquired interest patent simplicity refer kimble brulotte patent holder retained ownership patent licensing customers use patented article exchange royalty payments see contrast kimble sold whole patent obtain royalties one disputes brulotte covers transaction structured alternative way see scheiber dolby posner brulotte severely seems us due respect justly criticized however authority overrule decision matter dubious reasoning strikes us even touch current thinking decision seems ayres klemperer limiting patentees market power without reducing innovation incentives perverse benefits uncertainty remedies rev analysis suggests brulotte overruled legal erosion kimble gestures change treatment patent tying agreements contracts conditioning licensee right use patent purchase unpatented product see brief petitioners brulotte decided agreements counted per se antitrust violations patent misuse unlawful patent holder wields power relevant market see act stat adding market power requirement patent misuse context illinois tool works independent ink relying legislative change overrule antitrust decisions tying adopt standard far clear old rule tying among brulotte legal underpinnings brulotte briefly analogized royalty agreements tying arrangements relating statutory caselaw basis holding conclud ing royalties unlawful per se even analogy played real role brulotte development tying law undercut decision rather opposite congress took lead changing treatment tying agreements conspicuously left brulotte place indeed congress declined enact bills modified tying doctrine also brulotte see supra citing sess sess choice suggests congressional acquiescence brulotte supports adhering stare decisis