a Novartis company

An Eye On Trademarks PTMG 91st Conference

Warsaw, Autumn 2015

Poetic

The eye altering, alters all.

- Wm. Blake

No object is mysterious.

The mystery is your eye.

- Elizabeth Bowen

Happiness is the harvest of

a quiet eye.

- Austin O’Malley

| An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference| 2

Immediate

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Complex

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For example.... Tear Ducts Develop In Week 13, but...

| An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference| 5

Reach Full Development During Retirement Planning

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Alcon The Largest Company In Ophthalmic Healthcare

• Founded in 1945 in Fort Worth, Alcon has grown from a small

ophthalmic shop to a global business with more than USD 10.7 billion

in sales annually*

*2014 sales

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Broad and Diverse Trademark Practice

VISION CARE

• Myopia

• Hyperopia

• Astigmatism

• Presbyopia

SURGICAL • Cataract

• Retinal diseases

• Refractive errors

• Glaucoma

PHARMACEUTICAL • Glaucoma

• Retinal diseases

• Infection/inflammation

• Allergy and dry eye

$4.1

bill

ion

$

4.2

bill

ion

$

2.5

bill

ion

*In 2014

| An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference| 8

Surgical and Vision Care Medical Device Classifications In US

I • Scalpel

II • Daily Wear

Contact Lenses

• Contact Lens Solution

• Surgical Devices

III • Extended Wear

Contact Lenses

• IOL’s

RISK

| An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference| 9

Ten Years of Steady Growth In Class 10 Filings

0

10000

20000

30000

40000

50000

60000

70000

2002 2004 2006 2008 2010 2012 2014 2016

Filings

Year

Class 10 Filings (Global) 2004 - 2014

Thomson Reuters

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0

5000

10000

15000

20000

25000

2002 2004 2006 2008 2010 2012 2014 2016

Filin

gs

Year

Class 10 Filings Selected Countries

2004 - 2014

CTM

US

India

China

• 11

| | An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference|

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

1 2 3 4 5 6 7 8 9 10 11

F

i

l

i

n

g

s

Year

Class 10 Filings 2004 - 2014

China

USA

CTM

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What’s New In Medical Devices? Large non-traditional companies moving into Class 10

• Big Data

– Ancestry.com DNA test kits - $99 DTC

– Genetic data >1,000,000 people

– Family tree data from its website

– July 2015 data transfer agreement with California based biotech

• Mobility:

– Jan 2015 FDA allowed marketing of the first set of mobile medical apps that

allow people with diabetes to automatically and securely share data from a

continuous glucose monitor (CGM) with other people in real-time using an Apple

mobile device such as an iPhone.

• What does this mean for trademarks?

| An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference| 13

Vision Care

Consumer Facing

Line Extensions

Short Timelines

Counterfeit and Gray Market

| An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference| 14

Ophthalmic Pharmaceuticals

• T Traditional pharma trademark practice Names developed within Trademarks Ointments, solutions, drops, gels, and injectables. Dry eye, glaucoma, infection and others

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| An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference| 16

a Novartis company

| An Eye on Trademarks | John Ward | October 2015 | PTMG 91st Conference| 17