BioMarin and Ascendis settle global patent dispute over Yuviwel

BioMarin Pharmaceutical Inc. said on August 30, 2026 that it had reached a binding term sheet with Ascendis Pharma A/S to close out their worldwide patent fight over Ascendis's drug Yuviwel, a dispute that had included a case before the U.S. International Trade Commission.¹

Under the deal, Ascendis will pay BioMarin a royalty of 20% on U.S. net sales of Yuviwel, applied retroactively to the first commercial sale, and 18% on sales in the European Union, Brazil and South Korea, running through May 2030.¹ The 8-K filing describes the same royalty structure in more detail, stating Ascendis will pay 20% of annual net sales of the licensed products in the United States and 18% in the European Union, Brazil and South Korea, counted from each territory's first commercial sale date and applied retroactively where relevant, until May 2030.¹

The license covers a non-exclusive, worldwide, transferable, royalty-bearing right for Ascendis to develop, make, use, sell and commercialize products built on the C-type natriuretic peptide known as TransCon CNP, navepegritide, or Yuviwel, for all current and potential indications including achondroplasia and hypochondroplasia, and in combination with other drugs.¹

As part of the resolution, the two companies agreed to drop with prejudice all litigation between them tied to BioMarin's patent rights,¹ which the press release said spanned proceedings in Brazil, Denmark, Germany, South Korea and the Northern District of California, in addition to the ITC case that BioMarin agreed to dismiss.¹

The filing notes the term sheet is already binding, but if the parties cannot finalize a full agreement matching its terms by September 24, 2026, the term sheet's provisions remain in force regardless.¹