BioMarin and Ascendis sign settlement and license agreement over CNP patents

BioMarin Pharmaceutical Inc. disclosed in an 8-K filing that on September 24, 2026, it entered into a Settlement and License Agreement with Ascendis Pharma A/S.¹ The filing notes that the terms match those in a binding term sheet the companies had previously reported in an August 31, 2026 8-K, and the new Agreement replaces that term sheet, effective as of August 28, 2026.¹

Under the deal, BioMarin granted Ascendis and its affiliates a non-exclusive, worldwide, transferable, royalty-bearing license to certain BioMarin patents, covering products, methods, or services involving the C-type natriuretic peptide sold under the names TransCon CNP, navepegritide, or Yuviwel, across all approved and possible future uses, including achondroplasia and hypochondroplasia, as well as combinations with other medicines.¹

In exchange, Ascendis will pay BioMarin a royalty of 20% of annual U.S. net sales and 18% of annual net sales in the European Union, Brazil, and South Korea, starting from each territory's first commercial sale date and applied retroactively where applicable, continuing until May 2030.¹

The agreement also resolves the companies' legal dispute: the parties agreed to dismiss with prejudice all pending litigation related to the BioMarin Patent Rights.¹ Additional terms include a mutual regulatory non-interference clause, a commitment by Ascendis not to challenge BioMarin's patents, a release of BioMarin's infringement claims against Ascendis prior to the effective date, and a covenant not to sue over past infringement.¹

The filing was signed on September 30, 2026 by G. Eric Davis, BioMarin's Executive Vice President and Chief Legal Officer.