(b) All United States patents and applications therefor in the corpus luteum hormone field that shall be hereafter issued to or otherwise acquired by the Licensor or in which the Licensor shall hereafter acquire any right, title, or interest shall be promptly disclosed by the Licensor to the Licensee and upon such disclosure by the Licensor to the Licensee shall without more forthwith come under the license hereby granted.

3. (a) Neither party hereto shall, without the written consent of the other party first obtained in each instance, give any license or sub-license, or any right of exploitation covering any of the products of the Patents or of the processes relating thereto, except that the Licensor may without the Licensee's consent grant any such licenses and rights to Roche-Organon, Inc., Nutley, New Jersey.

(b) The Licensee shall manufacture under this license only in its own plant or plants located in the U. S. A. and distribution of products under this license shall be made only by the Licensee and only under a single corporate name and/or trade name.

4. The "corpus luteum hormone field" includes all products and preparations containing corpus luteum hormones of natural or synthetic origin and/or such substances as increase the effectiveness thereof (activators), but activators only insofar as used as such. "Corpus luteum hormones" means (i) hormones of the corpus luteum hormone series (but not of the follicular hormone series) or their derivatives, as well as other materials derived from the female sex organs having similar effects, and as well as (ii) compounds and materials with physiological and clinical effects analogous to those of corpus luteum hormones, insofar as they may be used therapeutically like corpus luteum hormones and the activators of such compounds and materials, but activators only insofar as they are used as such.

5. Each party hereto shall forthwith upon making, discovering, conceiving, or otherwise acquiring any other processes, whether secret or not, or any formulae, or any technical clinical, experimental or manufacturing data or any other discoveries in the corpus luteum hormone field, disclose the same forthwith to the other party hereto and shall assist the other party in every way in the application and further development thereof, provided, however, that neither party shall be obligated to diclose to the other any information regarding its costs of manufacture, production, or distribution.

6. (a) Subject to the provisions of paragraph (b) of this Article 6, neither party shall sell or offer for sale any product made pursuant to any of the process claims of the Patents or any product coming within the product claims of the Patents, excepting in a form ready for use by the consumer, completely packed and packaged under its own name or trade-mark, nor shall either party sell or offer for sale or deliver, directly or indirectly, any product made pursuant to any of the process claims of the Patents or any product coming within any of the product claims of the Patents, to others for use by them in putting up such products in commercial form for resale by them, nor sell the said product in bulk. (b) The provisions of paragraph (a) of this Article 6 shall not apply to sales by the Licensor or the Licensee of any of the products mentioned therein to Licensees under the Patents, nor shall such provisions apply to sales to others when written consent of both parties is first obtained.

7. (a) The Licensee shall cooperate with the Licensor to defend the rights under the Patents, including interferences and attacks of third parties upon the validity of the Patents.

(b) The Licensee shall not do any act or thing which might lessen or endanger said protection or unfavorably affect the full enjoyment of the Licensor's and Licensee's rights in and to said products and processes.

(e) The cost of prosecuting any actions instituted by the Licensor for infringe- ́ ment of the Patents and the cost of defending any suit instituted against any of the Patents shall be borne if the cost is incurred prior to December 31, 1942, 20% by the Licensor and 80% by the Licensee, and if incurred after January 1, 1943, in the proportion of the respective turnovers of the Licensor and the Licensee of products in the corpus luteum hormone field.

8. If and whenever either party hereto shall be in default in complying with any of the applicable terms of this agreement and the default shall continue unremedied or be repeated during a period of thirty days after the other party hereto shall have given to the defaulting party written notice specifying the default, then upon the expiration of the thirty-day period the party giving the notice of default shall have the right at its option to terminate this agreement and the license hereby granted by giving to the other party in default written

notice to that effect; whereupon this agreement and the license hereby granted shall terminate forthwith, except that the party in default shall not thereby be discharged from any liability to the other party for damages or loss resulting from the default.

9. If a petition in bankruptcy or proceedings under the Bankruptcy Law shall be filed by or against Licensee, or if a receiver or trustee shall be appointed for the property of Licensee, or if the Licensee shall make a general assignment or take the benefit of any insolvency act, or upon the liquidation or dissolution of Licensee, then, and upon the happening of any of the foregoing contingencies, the Licensor may at its option terminate this agreement and the license hereby granted by giving to the Licensee written notice to that effect; whereupon this agreement and the license hereby granted shall terminate forthwith.

10. On December 31, 1956, this agreement, if then in force, shall terminate, except that the Licensee, if not then in default, shall continue to have a free license to manufacture, use, and sell under the Patents until the expiration of the last now or hereafter granted patent under which the Licensee is hereby licensed.

11. For all purposes of this agreement any notice required or permitted to be given to a party hereto shall be effectively given if directed to the party at its last-known head office and sent by registered mail.

12. The Licensee accepts the license hereby granted and agrees to comply with all the conditions of this agreement requiring compliance on the part of the Licensee.

13. The Licensor agrees to comply with all the conditions of this agreement requiring compliance on the part of the Licensor.

14. If any one or more provisions of this agreement shall be or become unenforceable, all other provisions shall nevertheless continue in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate as of the date first above written.

SCHERING CORPORATION AND CIBA PHARMACEUTICAL PRODUCTS, INC.-AGREEMENT

(Cortin)

AUGUST 1, 1939.

AGREEMENT dated August 1, 1939, between SCHERING CORPORATION, a New Jersey corporation with its head office in Bloomfield, New Jersey (the Licensor) and CIBA PHARMACEUTICAL PRODUCTS, INC., a New Jersey corporation with its head office in Summit, New Jersey (the Licensee).

WHEREAS the Licensor is the sole owner of the letters patent and applications for letters patent of the United States set forth in Schedule A annexed hereto; and

WHEREAS the Licensee wishes to acquire from the Licensor a license on the terms and conditions hereinafter stated.

NOW THEREFORE the parties hereto, each in consideration of the covenants of the other herein contained, hereby agree as follows:

1. Wherever used in this agreement the term "the Patents" means not only the patents and the applications listed in Schedule A annexed hereto but also all other United States patents and applications therefor in the cortin field that may hereafter on or before December 31, 1956, be issued to or acquired by the Licensor or in which the Licensor shall have the right to grant a license coterminous with the license hereby granted.

2. (a) The Licensor hereby grants to the Licensee upon the terms and conditions hereinafter stated a nonexclusive nonassignable license to manufacture, use, and sell the products described and claimed in the Patents and to practice the processes described and claimed therein throughout the United States of America, its territories and possessions, but only in the cortin field, for a period beginning Aug. 1, 1939, and ending at the end of the term for which the last expiring of the Patents is or shall be granted, or sooner as hereinafter provided.

(b) All United States patents and applications therefor in the cortin field that shall be hereafter issued to or otherwise acquired by the Licensor or in which the Licensor shall hereafter acquire any right, title, or interest shall be promptly disclosed by the Licensor to the Licensee and upon such disclosure by the Licensor to the Licensee shall without more forthwith come under the license hereby granted.

3. (a) Neither party hereto shall, without the written consent of the other party first obtained in each instance, give any license or sublicense, or any right of exploitation covering any of the products of the Patents or of the processes relating thereto, except that the Licensor may without the Licensee's consent grant any such licenses and rights to Roche-Organon, Inc., Nutley, New Jersey.

(b) The Licensee shall manufacture under this license only in its own plant or plants located in the U. S. A. and distribution of products under this license shall be made only by the Licensee and only under a single corporate name and/or trade name.

4. The "cortin field" means all substances of the cortex of the adrenal which can wholly or partly replace the essential functions of the adrenal cortex in adrenalectomized animals; as well as such substances with equal or analogous effect (whether of natural or synthetic origin) and such substances which increase the effectiveness of the hormones of the cortex of the adrenal (activators), but only insofar as they are used for this special purpose; as well as compounds of the Lactoflavin-Phosphoric Acid Series, but not epinephrine.

5. Each party hereto shall forthwith upon making, discovering, conceiving or otherwise acquiring any other processes, whether secret or not, or any formulae, or any technical, clinical, experimental or manufacturing data or any other discoveries in the cortin field, discloses the same forthwith to the other party hereto and shall assist the other party in every way in the application and further development thereof, provided, however, that neither party shall be obligated to disclose to the other any information regarding its costs of manufacture, production, or distribution.

6. (a) Subject to the provisions of paragraph (b) of this Article 6, neither party shall sell or offer for sale any product made pursuant to any of the process claims of the Patents or any product coming within the product claims of the Patents, excepting in a form ready for use by the consumer, completely packed and packaged under its own name or trade-mark, nor shall either party sell or offer for sale or deliver, directly or indirectly, any product made pursuant to any of the process claims of the Patents or any product coming within any of the product claims of the Patents, to others for use by them in putting up such products in commercial form for resale by them, nor sell the said product in bulk. (b) The provisions of paragraph (a) of this Article 6 shall not apply to sales by the Licensor or the Licensee of any of the products mentioned therein to licensees under the Patents, nor shall such provisions apply to sales to others when written consent of both parties is first obtained.

7. (a) The Licensee shall cooperate with the Licensor to defend the rights under the Patents, including interferences and attacks of third parties upon the validity of the Patents.

(b) The Licensee shall not do any act or thing which might lessen or endanger said protection or unfavorably affect the full enjoyment of the Licensor's and Licensee's rights in and to said products and processes.

(c) The cost of prosecuting any actions instituted by the Licensor for infringement of the Patents and the cost of defending any suit instituted against any of the Patents shall be borne 50% by the Licensor and 50% by the Licensee.

8. If and whenever either party hereto shall be in default in complying with any of the applicable terms of this agreement and the default shall continue

unremedied or be repeated during a period of thirty days after the other party hereto shall have given to the defaulting party written notice specifying the default, then upon the expiration of the thirty day period the party giving the notice of default shall have the right at its option to terminate this agreement and the license hereby granted by giving to the other party in default written notice to that effect; whereupon this agreement and the license hereby granted shall terminate forthwith, except that the party in default shall not thereby be discharged from any liability to the other party for damages or loss resulting from the default.

9. If a petition in bankruptcy or proceedings under the Bankruptcy Law shall be filed by or against Licensee, or if a receiver or trustee shall be appointed for the property of Licensee, or if the Licensee shall make a general assignment or take the benefit of any insolvency act, or upon the liquidation or dissolution of Licensee, then, and upon the happening of any of the foregoing contingencies, the Licensor may at its option terminate this agreement and the license hereby granted by giving to the Licensee written notice to that effect; whereupon this agreement and the license hereby granted shall terminate forthwith.

10. On December 31, 1956, this agreement, if then in force, shall terminate, except that the Licensee, if not then in default, shall continue to have a free license to manufacture, use, and sell under the Patents until the expiration of the last now or hereafter granted patent under which the Licensee is hereby licensed.

11. For all purposes of this agreement any notice required or permitted to be given to a party hereto shall be effectively given if directed to the party at its last known head office and sent by registered mail.

12. The Licensee accepts the license hereby granted and agrees to comply with all the conditions of this agreement requiring compliance on the part of the Licensee.

13. The Licensor agrees to comply with all the conditions of this agreement requiring compliance on the part of the Licensor.

14. If any one or more provisions of this agreement shall be or become unenforceable, all other provisions shall nevertheless continue in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate as of the date first above written.

SCHERING CORPORATION.

CIBA PHARMACEUTICAL PRODUCTS, INC.

EXHIBIT No. 230

CIBA PHARMACEUTICAL PRODUCTS, INC., AND ROCHE-ORGANON, INC.-LICENSE

AGREEMENT

(Male Hormones)

JANUARY 1, 1940.

AGREEMENT dated January 1, 1940, between CIBA PHARMACEUTICAL PRODUCTS, INC., a New Jersey corporation with its head office at Summit, New Jersey (the Licensor) and ROCHE-ORGANON, INC., a New Jersey corporation with its head office at Nutley, New Jersey (the Licensee).

WHEREAS the Licensor is the sole owner of United States Letters Patent No. 2,109,400 issued February 22, 1938, for "Esters of Testosterone and process of making same;" and

WHEREAS the Licensee wishes to acquire from the Licensor a license under the said Letters Patent and under such other letters patent and applications therefor in the male sex hormone field as the Licensor may from time to time acquire, upon the terms and conditions hereinafter stated;

Now THEREFORE the parties hereto, each in consideration of the covenants of the other herein contained, hereby agree as follows:

1. (a) The Licensor hereby grants to the Licensee upon the terms and conditions hereinafter stated a nonexclusive, nonassignable license to manufacture, use and sell the products described and claimed in the said Letters Patent and to practice the processes described and claimed therein throughout the United States of America, its territories and possessions, but only in the male sex hormone field, for a period beginning January 1, 1940, and ending at the end of the term for

which the last expiring patent that may be included in this license is or shall be granted or sooner as hereinafter provided.

(b) The Licensor shall give to the Licensee written notice at least 3 months prior to offering for sale any product described or claimed in or made in accordance with any process described or claimed in any United States Letters Patent or application therefor now or hereafter acquired by the Licensor in the male sex hormone field (other than United States Letters Patent No. 2,109,400); and the Licensor shall specify in said notice the prices, forms and standards for the sale of the product as provided in Article 7 of this Agreement; and thereupon the said Letters Patent or the said application and the letters patent issuing thereon shall forthwith become included in the license hereby granted.

2. (a) Neither party hereto shall, without the written consent of the other party first obtained in each instance, give any license or sublicense, or any right of exploitation covering any of the products of the said letters patent or applications therefor, or of the processes relating thereto, except that the Licensor may without the Licensee's consent grant any such license or right to Schering Corporation, Bloomfield, New Jersey, and Rare Chemicals, Inc., Nepera Park, New York. (b) The Licensee shall manufacture under this license only in its own plant or plants located in the United States of America and distribution of products under this license shall be made only by the Licensee and only under a single corporate name and/or trade name.

(c) The Licensor shall pay unto the Licensee during the period commencing January 1, 1940, and ending December 31, 1954, thirteen and two-thirds per cent (13%) of all the royalties received by the Licensor from all licenses granted under the said letters patent or applications therefor to others than Schering Corporation and Rare Chemicals, Inc.

3. (a) The Licensee shall pay unto the Licensor a royalty or license fee of 3% of the Licensee's turn-over in the United States during the period commencing January 1, 1940, and ending December 31, 1954, of all products and preparations containing male sex hormones.

(b) The "male sex hormone field" includes all products and preparations containing male sex hormones of natural or synthetic origin and/or such substances as increase their effectiveness (activators), but activators only insofar as used as such. "Male sex hormones" mean hormones of the sterol series, as, for instance, androsterone or testosterone, or their derivatives, as well as any materials having similar effects, and materials with physiological and clinical effects analogous to those of testosterone and antrosterone insofar as they may be used therapeutically like testosterone and androsterone, and all materials derived from the male sex organs, but not materials and compounds with prevailing cortin or female hormone character and not aphrodisiacs like yohimbime, and not prolan or other like materials derived from urine or serum, and not prolan-like extracts from the hypophysis or other organs.

(c) The Licensor's right to royalties on such turn-over shall not depend on whether or not the process described and claimed in said letters patent is used for the manufacture of male sex hormone products or preparations and shall not depend on whether or to what extent patent protection shall be maintained for said products or preparations in the United States of America, its territories and possessions.

(d) No royalty shall be payable on the Licensee's turn-over of its present preparation "Hombreol," but royalties shall be payable on "neo-hombreol" and on any preparation that constitutes a modification or alteration of "hombreol" in its present form.

(e) The turn-over subject to royalty shall be determined by deducting from the sum of all invoices sent out by the Licensee during the period (whether such invoices are paid or not) 2% of such invoices as representing the cost of the outer shipping or mailing containers; ordinary trade discounts incurred, allowed, or paid by Licensee; and stamp taxes and other public taxes directly imposed on the sale of said products; but no commissions, cost of distribution, overhead, or any other deduction of any kind or nature whatsoever. For products not distributed by the Licensee in whole or in part directly to the trade or to physicians or hospitals, but distributed through agents, the turn-over subject to royalty shall be determined on the basis of the invoices of such agents to such agents' customers.

4. (a) The Licensee shall render to the Licensor at the end of each quarter of each calendar year a statement setting forth separately for each product for each month of said quarter the royalty and the turn-over for each such quarter,

84949-44-pt. 10- -9