Photo of Van  Lindberg

Van Lindberg Senior Counsel

Van Lindberg is a Senior Counsel in Dykema's San Antonio, Texas office who concentrates his practice on intellectual property matters.

Van specializes in the intersection of technology and law, and was in 2012 named one of "America's Top 12 Techiest Attorneys" by the American Bar Association Journal. He is a regular speaker on everything from community dynamics to graph theory, and has testified in Congressional proceedings as an expert on both copyright and encryption policy.

Van has particular expertise in the area of open source, with extensive work addressing the legal, economic, and social aspects of engaging with open source communities. He is the author of the book “Intellectual Property and Open Source” and helps businesses with everything from open source compliance to business strategy.

Outside of open source, Van represents companies in high-stakes IP litigation and inter partes review proceedings before the Patent Trial and Appeal Board. Van has represented companies on Capitol Hill, before Congress, and in industry associations. He has led teams through successful mergers & acquisitions, restructurings, and has organized employee agreements to create greater employee satisfaction and promote higher compliance with internal policies.

Prior to joining Dykema, Van was Vice President and Associate General Counsel for Rackspace, a managed cloud computing company headquartered in San Antonio, where he set the strategy and policy around patent, copyright, trademark, trade secret, and open source matters.

Experience

  • Led a patent defense litigation team to the only zero-cost settlement achieved against a serial NPE litigant
  • Developed a mixed IP strategy for a Fortune 100 technology company allowing the use of open source without implicating its patent portfolio
  • Invalidated an NPE litigant’s patent through the use of an inter partes review proceeding

  • Established a comprehensive open source management policy and office for a top 5 defense contractor, taking into account special issues relating to government contracting and ITAR compliance
  • Represented a major cloud computing company as its government relations representative in industry associations and in open source foundations
  • Identified and mitigated the possible loss of rights due to employee assignment problems and the misuse of open source in the acquisition of a technology startup
  • Negotiated a multi-year, 9-figure technology co-development agreement

Memberships & Involvement

  • State Bar of Texas
  • OpenStack Foundation
    • Member of the Board of Directors, 2013-2017
  • Python Software Foundation
    • Member of the Board of Directors, 2007-Present
    • Chairman of the Board of Directors, 2012-2016
  • America's Top 12 Techiest Attorneys, American Bar Association Journal
  • Recognized in Texas Super Lawyers® as a Rising Star for Intellectual Property, 2013