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BioMarin and Ascendis Pharma End Global Patent Dispute

A long-running legal battle over rare disease drug patents has ended, as BioMarin Pharmaceutical and Ascendis Pharma reached a binding settlement. The agreement grants Ascendis a license to use BioMarin’s intellectual property while securing significant royalty payments for the San Rafael-based biotechnology firm across multiple international markets.

BioMarin and Ascendis Pharma End Global Patent Dispute
Photo: Bio & News

Under the terms of the deal, Ascendis will pay BioMarin a 20% royalty on net sales of its drug Yuviwel in the United States, retroactive to the product’s first commercial launch. For sales in the European Union, Brazil, and South Korea, the royalty rate is set at 18% through May 2030. This resolution concludes a series of global legal challenges, including a pending Section 337 investigation before the U.S. International Trade Commission and various litigations in Denmark, Germany, and California.

The settlement covers BioMarin’s patents related to C-type natriuretic peptide technology, which forms the foundation of its own treatment, VOXZOGO. By securing this license, Ascendis gains clearance for current and future indications of Yuviwel, including its use for achondroplasia and hypochondroplasia. BioMarin CEO Alexander Hardy noted that the agreement reinforces the value of the company’s long-term investment in genetic science, allowing the firm to maintain its focus on developing first-in-disease medicines.

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