---
schema_version: "secwatch.filing_event.v1"
accession: "0001628280-24-000123"
form_type: "8-K"
ticker: "ESPR"
cik: "0001434868"
company_name: "Esperion Therapeutics, Inc."
filed_at: "2024-01-03T23:59:59+00:00"
generated_at: "2026-06-07T04:36:26.584399+00:00"
event_type: "other_material"
sentiment: "positive"
materiality_score: 0.75
calibrated_materiality_score: 0.75
confidence: "high"
source: SEC EDGAR
---

# Esperion settles litigation with Daiichi Sankyo Europe for $125M; receives $100M near-term

## Summary
- Daiichi Sankyo Europe to pay Esperion $100M by mid-January 2024 and additional $25M after EMA decision on NILEMDO/NUSTENDI label expansion.
- Parties dismiss pending litigation in Southern District of New York.
- Esperion transitions manufacturing/supply to DSE; DSE leads EMA regulatory communications.
- Collaboration expanded to include triple combination pill (bempedoic acid/ezetimibe/statin).
- Esperion eligible for up to $300M commercial milestones (DSE territory) and up to $175M (DS territory) plus tiered royalties.

## SEC filing metadata
- accession: 0001628280-24-000123
- form_type: 8-K
- ticker: ESPR
- cik: 0001434868
- company_name: Esperion Therapeutics, Inc.
- filed_at: 2024-01-03T23:59:59+00:00
- event_type: other_material
- sentiment: positive
- materiality_score: 0.75
- calibrated_materiality_score: 0.75
- confidence: high
- sec_items: 1.01, 7.01, 9.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1434868/000162828024000123/0001628280-24-000123-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1434868/000162828024000123/espr-20240102.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001628280-24-000123
- JSON: https://secwatch.observer/filing/0001628280-24-000123.json
- Plain text: https://secwatch.observer/filing/0001628280-24-000123.txt

## Key facts
- Material Agreements
  Esperion Therapeutics, Inc. entered into 3rd Amendment to License and Collaboration Agreement with Daiichi Sankyo Europe GmbH valued at Entitlement to one-time cash payments up to $300 million upon commercial milestones and tiered royal (effective 2024-01-02).
  - Action: entry
  - Agreement: license
  - Counterparty: Daiichi Sankyo Europe GmbH
  - Value: Entitlement to one-time cash payments up to $300 million upon commercial milestones and tiered royal
  - Effective: 2024-01-02
  source text: Pursuant to the DSE Amendment, the Company is entitled to receive one-time cash payments of up to $300 million upon the achievement of certain commercial milestones related to total net sales achievements in the DSE Territory. The Company is also entitled to receive tiered 15% to 25% royalties on net DSE Territory sales.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1434868/000162828024000123/0001628280-24-000123-index.htm
- Material Agreements
  Esperion Therapeutics, Inc. entered into Settlement Agreement with Daiichi Sankyo Europe GmbH valued at Aggregate payment of $125 million, consisting of $100 million within 15 business days and $25 millio (effective 2024-01-02).
  - Action: entry
  - Agreement: settlement
  - Counterparty: Daiichi Sankyo Europe GmbH
  - Value: Aggregate payment of $125 million, consisting of $100 million within 15 business days and $25 millio
  - Effective: 2024-01-02
  source text: On January 2, 2024, Esperion Therapeutics, Inc. (the “Company”) entered into a settlement agreement with Daiichi Sankyo Europe GmbH (“DSE”) to amicably resolve and dismiss their commercial dispute now pending in the Southern District of New York (the “Settlement Agreement”). Under the Settlement Agreement, DSE has agreed to pay the Company an aggregate of $125 million, including (1) a $100-million payment within 15 business days of the effective date of the Settlement Agreement and (2) a $25-million payment in the calendar quarter immediately following the calendar quarter in which the European Medicines Agency (“EMA”) renders a decision on the application that was filed with the EMA for a Type II(a) variation for the Company’s oral non-statin products marketed as NILEMDO® (bempedoic acid) tablets and NUSTENDI® (bempedoic acid and ezetimibe) tablets in Europe.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1434868/000162828024000123/0001628280-24-000123-index.htm
- Material Agreements
  Esperion Therapeutics, Inc. entered into 1st Amendment to License and Collaboration Agreement with Daiichi Sankyo Company Limited valued at Entitlement to one-time cash payments up to $175 million upon commercial milestones and tiered royal (effective 2024-01-02).
  - Action: entry
  - Agreement: license
  - Counterparty: Daiichi Sankyo Company Limited
  - Value: Entitlement to one-time cash payments up to $175 million upon commercial milestones and tiered royal
  - Effective: 2024-01-02
  source text: Pursuant to the DS Amendment, the Company is entitled to receive one-time cash payments of up to $175 million upon the achievement of certain commercial milestones related to total net sales achievements in the DS Territory. The Company is also entitled to receive tiered 5% to 20% royalties on net DS Territory sales.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1434868/000162828024000123/0001628280-24-000123-index.htm

This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.