Barry A. Stulberg

Of Counsel

Building authentic and trustworthy relationships enables me to get to the heart of issues and achieve positive outcomes for my clients.

Barry Stulberg is a solutions-focused intellectual property attorney with a unique blend of transactional and product lifecycle counseling experience. Barry helps early stage ventures, emerging growth companies, and global corporations successfully develop, market, and commercialize a variety of technologies and other intellectual property. He guides clients in the areas of artificial intelligence, data sharing, IoT, cloud services, hardware, mobile technology, e-commerce, supply chain, distribution relationships and support services. His industry experiences spans healthcare, financial services, telecommunications, branded merchandise, gaming, and entertainment. Barry was formerly in-house counsel at Microsoft Corporation, where he supported product development, advertising, monetization and research. Barry excels at building authentic, trustworthy relationships, practical problem-solving, resolving impasse, and getting parties to yes. At the outset of any deal, Barry collaborates with his clients to define what would be a successful outcome, and then partners with his clients to achieve it. His clients fondly refer to him as the "un-lawyer lawyer."

Practice Highlights

Licensing

Represent healthcare industry clients in the development and licensing of medical devices, biotechnologies, enterprise software, cloud services and data sharing relationships.

Technology procurement

Represent clients acquiring and selling a range of technology products and services, including cloud services, on-premise software, hardware, maintenance and support services.

Research and development

Develop and negotiate a wide variety of research, evaluation and collaboration agreements for artificial intelligence based technologies.

Product Development

Development of personal health record platform for Microsoft*

Represented Microsoft in the development and launch of the HealthVault platform, a web-based personal health record to gather, store, access, and share medical records and track health data to see trends in health and fitness. Negotiated a multitude of platform provider agreements with major providers of medical devices, prescription drug fulfillment services, and laboratory services.

Joint development of health risk assessment platform for Microsoft*

Represented Microsoft in a joint development agreement with the Mayo Clinic for the creation and launch of a co-branded health risk-assessment platform.

Development of unified intelligence system for Microsoft*

Represented Microsoft in the development and monetization of a unified health enterprise platform designed to retrieve and display patient information from many sources, including scanned documents, electrocardiograms, X-rays, MRI scans and other medical imaging procedures, lab results, dictated reports of surgery, as well as patient demographics and contact information. Adopted by leading hospitals and health systems.

License transactions for early-stage healthcare technology company

Represented early-stage technology healthcare company in license transactions focused on primary care solutions.

Development of computer and gaming console security suite for Microsoft*

Represented Microsoft in the development and distribution of OneCare, a suite of security technologies for personal computers and gaming consoles.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Marketing and Advertising

Advertising compliance for Microsoft*

Led Microsoft’s advertising law compliance group, including counseling corporate marketing and communications groups on the design, clearance, and execution of advertising campaigns, contests and sweepstakes, promotions, press releases, and compliance with regulatory enforcement actions.

False advertising claims for Microsoft*

Represented Microsoft in its successful advertising challenge before the National Advertising Division of Oracle false advertising claims.

Commercial co-venture for book publisher*

Represented a media company in a commercial co-venture book publishing relationship with a division of the United Nations.

Sponsorship agreement for media publisher*

Represented a web-based media publisher in a sponsorship arrangement with a major sports apparel company.

Sponsorship agreement for tire manufacturer*

Represented major automotive tire manufacturer in a sponsorship agreement with the Los Angeles Kings NHL hockey team.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Data Privacy and Information Security

Privacy matters for companies

Representing companies in connection with the development and implementation of privacy statements, information security policies, and incident response plans.

Regulatory compliance counseling for companies

Counseling clients on complying with HIPAA/HITECH, GLBA, COPPA, CAN-SPAM, FTC enforcement actions, EU Privacy Directive, and other federal and state privacy laws.

Licensing & Distribution

Licensing matters for technology solutions provider*

Represented a provider of technology solutions to the insurance industry in its licensing of various enterprise on-premises products and services.

Licensing transactions for Microsoft*

Represented Microsoft in worldwide OEM licensing transactions for personal computers, consumer electronics, automobile navigation systems, and embedded devices.

Licensing matters for Microsoft*

Represented Microsoft in licensing its HealthVault platform to Canadian and German telecommunications companies.

Healthcare licensing for Microsoft*

Represented Microsoft in licensing its identity and access management clinical healthcare software solutions to major hospitals and healthcare systems.

Licensing transactions for emerging-growth company in insurance industry*

Represented an emerging-growth company in its licensing of a document management platform.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Procurement

Licensing for high-growth company*

Represented high-growth company in its licensing of a marketing tracking platform.

Procurement for emerging growth company*

Represented an emerging growth company in its subscription to various health and wellness services included in its employee benefits package.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Mergers & Acquisitions

Acquisition of healthcare technology company for Microsoft*

Represented Microsoft in the acquisition of Sentillion Inc., a company specializing in identity and access management software for the healthcare industry.

Acquisition of networking and support software company for Microsoft*

Represented Microsoft in the acquisition of Gteko Ltd., an Israeli company focused on developing ease-of-use networking and support software for the digital home.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Strategic Alliances and Joint Ventures

Joint venture for Microsoft*

Represented Microsoft in forming the Caradigm joint venture with GE Healthcare.

Strategic alliances for Microsoft*

Represented Microsoft in strategic alliances with providers of EMR systems and cloud-based services for healthcare and point-of-care mobile applications.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Admitted to Practice

Washington, 2014
California, 1987

Education

J.D., Loyola Law School, Los Angeles, 1987
- Note & Comment Editor, Loyola International & Comparative Law Journal
M.A., Clinical Psychology, Seattle University, 2009
B.A., Psychology, University of California, Berkeley, 1983
- Phi Beta Kappa

Background

- Principal, Meridian Legal Group, PLLC, Seattle, 2014-2016
- Senior Attorney, Microsoft Corporation, Redmond, Wash: Health Solutions Group, 2007-2012; Technology Care & Safety Group, 2006-2007; Financial & Productivity Products Group, 2001-2005; Advertising Law Group, 2001-2005; Worldwide OEM Sales & Marketing, 1997-2001
- Partner, Samaha, Grogin & Stulberg, LLP, Los Angeles, 1992-1997
- Vice President & Associate General Counsel, Nantucket Corporation, Los Angeles, 1990-1992