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Biomarin’s bid to block Ascendis from launching a competing drug for treating achondroplasia is nearing the merits.  Biomarin started its campaign in the International Trade Commission (ITC), and in response, Ascendis filed two district court declaratory judgment actions.  Ascendis withdrew the first DJ action, and the second one has been stayed.  The ITC case is now scheduled to hear the parties’ claim construction disputes later this month.  The outcome of that hearing, which will finally touch upon the merits of Biomarin’s infringement allegations, could prove to be a major inflection point in this dispute.  What’s at stake in the upcoming Markman hearing?