Form 8-K



Washington, D.C. 20549







Pursuant to Section 13 or 15(d) of

The Securities Exchange Act of 1934


Date of Report (Date of earliest event reported): May 5, 2005



BioMarin Pharmaceutical Inc.

(Exact name of registrant as specified in its charter)



Delaware   000-26727   68-0397820

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)


105 Digital Drive, Novato, California   94949
(Address of principal executive offices)   (Zip Code)


Registrant’s telephone number, including area code: (415) 506-6700



(Former name or former address, if changed since last report.)



Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


Item 1.01 Entry Into a Material Definitive Agreement.


In connection with a license agreement entered into on May 2, 2005, BioMarin Pharmaceutical Inc. (the “Company”) issued a press release on May 5, 2005 announcing that it has licensed from Daiichi Suntory Pharma Co., Ltd. the exclusive worldwide rights (excluding Japan) to certain patent applications for the use of tetrahydrobiopterin (6R-BH4) to treat endothelial dysfunction that causes vascular complications in diabetes, cardiovascular and other diseases. The Company’s press release issued on May 5, 2005 is attached hereto as Exhibit 99.1.


Item 9.01 Financial Statements and Exhibits.


  (a) Financial Statements of Business Acquired.


Not Applicable.


  (b) Pro Forma Financial Information.


Not Applicable.


  (c) Exhibits.


Exhibit 99.1 – Press Release dated May 5, 2005.



Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.



BioMarin Pharmaceutical Inc., a Delaware corporation



Date: May 5, 2005




/s/ Jeffrey H. Cooper


Jeffrey H. Cooper,

Chief Financial Officer



99.1    Press Release dated May 5, 2005.