If you read this blog, you will notice that I tend to write a few posts about Supreme Court opinions in intellectual-property (IP) cases. The Supreme Court usually issues at least three to four IP opinions in a year. These opinions are often issued in May or June of a given year, right before the Court’s term ends.

This year was different. The Supreme Court issued one decision, Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., 595 U.S. ___ (Feb. 24, 2022), which was the subject of my March 24, 2022, blog post.

While it is not certain whether the Supreme Court will issue any IP opinions in 2023, it is likely because the Court does have one case on its docket: Andy Warhol Foundation for the Visual Arts v. Goldsmith. The case is also scheduled for oral argument in October 2022, which also indicates that the Court is likely to issue an opinion in the case.

The case concerns images that the artist Andy Warhol produced from a photograph of the musician Prince. Specifically, the issue is whether such images constitute fair use of the photograph due to the “transformative” nature of the use.

The Court may also consider several patent cases that are the subject petitions for certiorari, as well.