Client issue
BioMarin Pharmaceutical, a leading biotechnology company focused on developing therapies for rare genetic conditions, brought a patent infringement complaint against Ascendis Pharma and its suppliers before the US International Trade Commission (ITC) in a Section 337 investigation. The dispute concerned intellectual property related to BioMarin’s pioneering C-type natriuretic peptide (CNP) technology and products for the treatment of achondroplasia.
CRA approach
A CRA team was retained by BioMarin to analyze the economic prong of domestic industry and bond-related issues and to provide expert testimony at trial regarding the significance of BioMarin’s domestic investments in labor, capital, and research and development. The expert also addressed economic issues related to determining a reasonable royalty rate for purposes of the bond.
Client impact
Following the trial, BioMarin secured a favorable settlement under which Ascendis Pharma agreed to pay substantial royalties on US and international sales.
