BioMarin and Ascendis settle patent litigation with global license agreement

BioMarin Pharmaceutical Inc. (BMRN) entered into a Settlement and License Agreement with Ascendis Pharma A/S on Sept. 24, 2026, according to a regulatory filing.

The agreement is effective as of Aug. 28, 2026. It supersedes and replaces a binding term sheet previously reported by BioMarin on Aug. 31, 2026.

BioMarin granted Ascendis a non-exclusive, worldwide, transferable, and royalty-bearing license to patent rights covering products that include the C-type natriuretic peptide known as TransCon CNP, navepegritide, or Yuviwel. The license covers all current and potential indications, including achondroplasia and hypochondroplasia, and use in combination with other medicines.

Ascendis will pay BioMarin a royalty equal to 20% of annual net sales of licensed products in the United States. The company will also pay a royalty of 18% of annual net sales in the European Union, Brazil, and South Korea. These royalties apply from the date of the first commercial sale in each territory until May 2030.

The parties will dismiss with prejudice all pending litigation between them relating to the patent rights. The agreement includes a mutual regulatory non-interference clause, a covenant by Ascendis not to challenge the patent rights, a release by BioMarin of infringement claims prior to the effective date, and a covenant not to sue Ascendis for infringement of the patent rights.