Spanish Supreme Court provides clarity on patent limitations during invalidity proceedings

In a recent judgment, the Supreme Court clarifies the procedural practice for defendants to raise a patent limitation during invalidity proceedings. In this particular case, the invalidity related to addition of subject matter and lack of inventive step on the patent of the Tiotropium drug.

Background and summary of the case

The case was brought in 2012 by Laboratorios Liconsa S.A. (“Liconsa”) against Boehringer Ingelheim Pharma GmbH &Co (“Boehringer”) before the Barcelona Patent court.

Liconsa filed invalidity proceedings for revocation of Boehringer's patent EP 1.379.220 , validated in Spain under number