BioMarin finalizes Ascendis settlement, licenses CNP patents for 18–20% royalties

BioMarin Pharmaceutical closed the paperwork on its patent peace deal with Ascendis Pharma. In a Wednesday Form 8-K, BioMarin said that on Sept. 24, 2026 it entered a Settlement and License Agreement with Ascendis Pharma A/S that supersedes the binding term sheet disclosed on Aug. 31 and is deemed effective as of Aug. 28, 2026.

Under the agreement, BioMarin grants Ascendis and its affiliates a non-exclusive, worldwide, transferable, royalty-bearing license to certain BioMarin patents to research, develop, manufacture, use, sell, and commercialize products, methods, or services that include the C-type natriuretic peptide known as TransCon CNP, navepegritide, or Yuviwel — covering current and potential indications such as achondroplasia and hypochondroplasia, including combinations with other medicines.

Ascendis will pay BioMarin a royalty equal to 20% of annual net sales of licensed products in the United States and 18% of annual net sales in the European Union, Brazil, and South Korea, in each case from first commercial sale in the territory (applied retroactively as applicable) until May 2030. The parties will dismiss with prejudice all pending litigation between them relating to the BioMarin patent rights. The deal also includes a mutual regulatory non-interference clause, an Ascendis covenant not to challenge the patents, a BioMarin release of pre-effective-date infringement claims, and a covenant not to sue Ascendis for infringement of those patents, plus other customary terms.

Shares of BMRN were about $60.00 in Wednesday’s session, down roughly 3.6% on the day and up about 0.9% year to date.

By the numbers

• Agreement date: Sept. 24, 2026; effective date: Aug. 28, 2026
• U.S. royalty: 20% of annual net sales of licensed products through May 2030
• EU / Brazil / South Korea royalty: 18% of annual net sales through May 2030
• License: non-exclusive, worldwide, transferable, royalty-bearing (CNP / TransCon CNP / navepegritide / Yuviwel)
• Litigation: pending BioMarin Patent Rights cases to be dismissed with prejudice

Sources

1. BioMarin Pharmaceutical Inc. Form 8-K (Item 1.01), accepted Sept. 30, 2026 4:15:40 p.m. ET, accession 0001628280-26-063981

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