Cestjon McFarland
Attorney-at-Law, PLLC
Skills & Experience
  • Drafting and negotiating a wide range of IP transactional and licensing documents, including development, marketing and distribution agreements; work-made-for-hire agreements; joint development agreements; various technology licenses; patent licenses and covenant-not-to-sue agreements; protocol and specification licenses; strategic alliance agreements; general IP protection documents such as non-disclosure agreements and employee IP assignment agreements.
  • Counseling on open source software issues, including GPL compliance and strategies around mixed proprietary and open source software endeavors.
  • Advising web-based service companies on Internet commerce issues, including privacy, copyright and trade secret matters, compliance with applicable regulatory requirements, as well as formulation of online service provider models and corresponding service contract issues.
  • Counseling on research collaboration agreements with universities.

Recent Transactions

  • Represented Microsoft Corporation in drafting and negotiating innovative agreements with Novell Inc. that enabled the two companies to collaborate with respect to virtualization technologies.
  • Represented Microsoft Corporation on intellectual property issues in the acquisitions of Tellme Networks, Inc., Parlano Inc., and certain assets of Dundas Data Visualization, Inc.
  • Drafted and negotiated content and customer agreements for Apex Learning, Inc., a company that provides online, secondary education course curriculum.
  • Provided counseling and structured amendment for insurance client to resolve dispute over installation and implementation of mission-critical systems software.
  • Drafted and negotiated agreement granting exclusive manufacturing rights to create devices implementing client's hardware reference design.
  • Developed agreement to enable a company to port certain software applications to run on newly-developed, industry-specific software platform.
  • Developed agreement to establish a working group for creating certain industry guidelines.
  • Updated an advertising revenue share and distribution agreement for a cell phone application.

Background Experience   

  • Served as outside counsel to Microsoft Corporation on a range of intellectual property issues since 1993.
  • Oversaw IP due diligence for Microsoft Corporation in various mergers and acquisitions, including Vexcel Corporation, Frontbridge, Groove Networks, Inc., Teleo, Inc., Placeware, Inc., Visio Corporation, Connectix Corporation.
  • Assisted start-up companies develop and negotiate key customer and strategic business agreements.
  • Counseled various bricks and mortar companies on the implementation of online initiatives.

Pro Bono & Community Service Projects

  • Representing Bainbridge Island Youth Soccer Club in negotiation of agreement with local park district for the refurbishing of soccer fields
  • Represented Downtown Emergency Services Center (Seattle) on software licensing issues
  • Represented King County Court Appointed Special Advocate (CASA); also served as a CASA








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