Regina Sam Penti
Regina is a partner in the firm’s technology and intellectual property transactions practice group. For nearly 17 years, she has counseled technology companies in structuring and negotiating strategic transactions such as mergers, acquisitions, asset purchases, and bet-the-company collaborations that are driven by intellectual property, technology and data.
An MIT-trained engineer with a knack for problem-solving, Regina draws on her technical background to provide clients with hands-on support and strategic counseling regarding critical intellectual property assets. She has particular expertise in patents, and is a registered patent attorney qualified to practice before both the USPTO and the EPO. She has represented clients across a range of industries, including artificial intelligence (AI), robotics, autonomous vehicles, fintech, medtech and software. Regina was honored as a “Go-To Lawyer in Intellectual Property” in 2021 by Massachusetts Lawyers Weekly and is recognized in Legal 500 for her outstanding work on behalf of clients.
She is a guest lecturer on intellectual property law at the MIT Sloan School of Business, and co-chair and co-founder of the International IP Summit, an annual symposium for leading legal and business executives. Regina previously served as a co-chair of the firm’s global Diversity Committee, helping advance inclusive policies that enhance opportunities for women, LGBTQ+, and racially and ethnically diverse attorneys and business support professionals.
Mergers, Acquisitions and Investments
- Advised various strategic acquirers in complex intellectual property and technology issues in acquisitions of technology companies, including structuring and negotiating provisions to address and mitigate identified risks, such as:
- HP Inc. in its acquisition of Poly, Inc., a leader in video conferencing solutions, cameras, headsets, voice and software for an enterprise value of $3.3 billion;
- Medtronic in its acquisition of Companion Medical, the developer of the first FDA-approved smart insulin pen system for diabetes management using deep data science and AI capabilities;
- Sound United LLC in its acquisition of Bowers & Wilkins, a leading designer and manufacturer of luxury home audio speakers and branded audio systems in the automotive and television markets;
- Becton Dickinson & Company in its $1.525 billion acquisition of Parata Systems, a developer of automation technology for pharmacies.
- Represented several PE investors and SPACs in structuring and negotiating IP and technology provisions in acquisitions of, and investments in, technology companies, including:
- Altimeter Growth Corp. in its $39.6 billion merger with Grab Holdings, a leading ride-hailing, food delivery and mobile payments “superapp,” in the largest ever U.S. deSPAC transaction and equity offering by a Southeast Asian company;
- Silver Lake Partners as lead investor in the $540 million Series F funding round for Noom, Inc.;
- Longview Acquisition Corp. in its $1.5 billion business combination agreement with Butterfly Network, a leader in medical imaging technology;
- Bain Capital-led investor group in the acquisition of U.S. Renal Care, Inc., a leading provider of dialysis services that serves over 25,000 patients in 335 dialysis facilities across 32 states; and
- Social Leverage Acquisition Corp. (SLAC) in its agreement to merge with W3BCLOUD, a storage and computer infrastructure provider for Web3 technologies, valued at $1.25 billion.
- Represented technology companies and investors in IP strategy and risk mitigation in various sell-side transactions, including:
- Lilium GmbH, a leader in regional electric air mobility, in its business combination agreement with Qell Acquisition Corp. The combined company is valued at $3.3 billion pro forma equity value;
- Milacron Holdings, a public company, in its acquisition by Hillenbrand, Inc. for $2 billion;
- Vision Ridge Partners in the sale of Vanguard Renewables to BlackRock Real Assets;
- Astra, a maker of small rockets, in its merger with Holicity Inc., reflecting an enterprise value for Astra of approximately $2.1 billion, and resulting in Astra becoming the first publicly traded space launch company to be listed on the NASDAQ;; and
- Change Healthcare in the sale of its Connected Analytics business to Kaufman Hall.
Technology Collaborations, Licensing and Strategy
- Represents a leading global investment banking firm in a number of high-profile, financial services technology transactions related to data distribution, index-licensing, data use, and licensing of technology directed toward trading platforms, including providing strategic guidance for licensing and patent strategy.
- Advising a leading technology company in connection with evaluating and negotiating a license for standard-essential patents (SEPs) relating to video encoding and decoding.
- Represented a leading global health care company in various strategic collaborations and commercial arrangements relating to its respiratory and patient monitoring line of products. Drafted and negotiated several agreements, including complex cross-border technology licenses, joint development agreements, supply agreements, and distribution agreements.
- Represented a major technology company in licensing negotiations relating to server and distributed storage technology. Regina also assessed infringement assertions and successfully identified patent vulnerabilities that provided leverage in the negotiations and substantial reduction in royalty rates paid by the client.
- Advised several leading technology and life sciences companies in devising and executing domestic and cross-border defensive and offensive patent strategies. Advised on freedom-to-operate and IP development and management strategies for critical global patent portfolios consisting of hundreds of patents and relating to a wide array of technologies with assets spanning Europe, Asia and North America.
Venture Capital & Emerging Companies
- Represented Blockchain Luxembourg SA in respect to its Series C Financing – Crypto firm Blockchain raised $300 million in Series C funding at a post-money valuation of $5.2 billion.
- Represented Lilium N.V., developer of the first all-electric vertical take-off and landing jet, in the pricing of a $119 million capital raise from existing shareholders, new investors and strategic partners for continued development of new electric aircraft.
- Advised Crosspoint Capital Partners in leading a $50 million Series C investment in Afero, a leading provider of Internet of Things Platform as a Service focused on solutions to provide secure connectivity to IoT devices.
- Advised Northpond Ventures in connection with its lead investment in the $15 million Series A financing of OPT Industries with participation from existing investors Crosslink Capital and the MIT-affiliated E14 Fund.
Fintech, Big Data/Alternative Data and Artificial Intelligence
- Advising an asset management company on issues around the acquisition and management of artificial intelligence, data and other technology systems for application in developing investment alpha and beta, use in algorithmic and quantitative trading, and the technologies associated with executing their strategies.
- Represented a New York-based value investment firm with technology and data acquisition and management issues in connection with their investment platform and financial technologies.
- Assisted a US hedge fund with over $30B in assets under management in evaluating, negotiating, and drafting agreements for a complex collaboration with an engineering firm that uses machine learning and artificial intelligence to advance trading strategies.
- Advising a large global data broker in alternative data strategies and agreements with downstream third-party data providers, including providing guidance on vendor screening and qualification and negotiating agreements with data providers.
- Advising one of the largest global hedge funds on privacy and other issues relating to the acquisition and management of mobile device data for use in developing investment strategies.
European Oppositions and IPRs
- Represented a major global media and entertainment company in numerous contentious oppositions at the European Patent Office (EPO), defending a large portfolio of patents deemed foundational to certain electronic systems.
- Represented Seakeeper, Inc. in inter partes reviews (IPR2017-01996, IPR2017-01931) for patents related to cooling apparatus for boats; all IPRs terminated following preliminary response.
- Advised a global technology company in a European patent opposition and related appeal before the EPO Board of Appeals for patents related to mobile-to-mobile communication technology.
- Quoted, “Clarity on Patent Eligibility Sought From Courts, Congress, PTO,” Bloomberg Law (July 5, 2022)
- Quoted, “EU Patent Court, Months from Launch, Spurs Wariness Amid Zeal” Bloomberg Law (May 10, 2022)
- Profiled, “Law360’s 2022 Fintech Editorial Advisory Board,” Law360 (April 22, 2022)
- Quoted, “Insights Plentiful at IP Summit,” Boston College Law Magazine (October 26, 2021)
- Profiled, “Go To Lawyers in Intellectual Property,” Massachusetts Lawyers Weekly (September 27, 2021)
- Co-author, “Supreme Court Limits Assignor Estoppel, Making Some Patents Easier to Challenge in Court,” IP Litigator (July-August 2021)
- Quoted, “Putting the IP in IPOs: how counsel help companies go public,” Managing Intellectual Property (July 28, 2021)
- Profiled, “Championing Diversity in Tech, Law Firm: Regina Sam Penti,” Law.com and Legaltech News (July 26, 2021)
- Co-author, “An Emerging Digital World: The Possibilities and Legal Gray Zones of Non-Fungible Tokens,” Legaltech News and Law.com (June 2, 2021)
- Profiled, “Top Women in Law 2020,” Massachusetts Lawyers Weekly (November 17, 2020)
- Profiled, “How I Made Partner: Ropes & Gray's Regina Sam Penti,” Law.com (September 11, 2020)
- Co-author, “Supreme Court Affirms Secret Sales Are Still Prior Art, Can Bar Patenting,” IP Litigator (April 2019)
- Co-author, “Emerging Global Trends in Standard-Essential Patent Litigation, Part II,” Bloomberg Law’s Patent, Trademark & Copyright Journal (June 22, 2018)
- Co-author, “Emerging Global Trends in Standard-Essential Patent Litigation, Part I,” Bloomberg Law’s Big Law Business (June 15, 2018)
- Quoted, “UK To India: Global Developments Patent Attorneys Should Know,” Law360 (May 7, 2018)
- Quoted, “A Numbers Game That Doesn’t Add Up,” World Intellectual Property Review (April 24, 2018)
- Co-author, “UK Patent Ruling Sharpens Contrast With US Practice,” Law360 (April 18, 2018)
- Editor (Book), The EU’s Unitary Patent and Unified Patent Court: A reference guide to the core legislation, regulations and rules of procedure (March 2017)
- Moderator, “Keynote: A Conversation with Lynnette C. Fallon,” International IP Summit, Boston College Law School (October 13-14, 2022)
- Panelist, “Evolution of FinTech: Are Regulation and Law Keeping Up?” International IP Summit, Boston College Law School (October 13-14, 2022)
- Speaker, “Acquisitions of Technology Companies,” Association of Corporate Counsel, Northeast Chapter (February 8, 2022)
- Speaker, “Decoding Digital Health: Recent Developments in AI and Machine Learning for Life Sciences and Health Care,” Ropes & Gray Podcast (October 12, 2021)
- Moderator, “Leading and Thriving in a Time of Disruption and Uncertainty: A Conversation with General Counsels,” International IP Summit (October 22, 2020)
- Speaker, “U.S. IPO Public Offering & Intellectual Property Due Diligence Common Issues,” 2020 Korea IP Summer Forum (August 27, 2020)
- Speaker, “Optimization of Intellectual Property Rights and Intangible Assets: Corporate and Transactional Tools for Value Generation with Data,” New England Corporate Counsel Association (May 6, 2020)
- Speaker, “How to Harness the Power and Manage the Risks of Alternative Data,” Centerforce IP Strategy Summit (November 20, 2019)
- Speaker, “Integrating Emerging Technologies,” Future of Privacy Law Seminar (November 13, 2019)
- Moderator, “Doing Business in China,” Roundtable Series, International IP Summit, Boston College Law School (October 17-18, 2019)
- Speaker, “Examining Technology Transactions Under the Lens of the America Invents Act,” 6th Annual MIP International Women’s Leadership Forum (June 6, 2019)
- Speaker, “Alternative Data: How to Harness the Power and Manage the Risks of Third-Party Alternative Data,” Centerforce IP Strategy Summit (April 11, 2019)
- Speaker, “Competition Law and IP,” European IP Summit, Boston College Law School (October 4-5, 2018)
- Speaker, “Analyzing US IP Trends and the Impact on European IP Strategy,” Managing Intellectual Property European Patent Forum, Paris (September 11, 2018)
- Speaker, “Identifying Opportunities for Partnering with FinTech Companies,” Summit on Protecting Innovations in the Financial Services Industry (July 26, 2018)
- Speaker, “European Patent Practice Points for U.S. Attorneys: Lessons Learned from EPO Oppositions on Parallel Litigations,” Boston Patent Law Association’s Technical Inventions in European Patent Law Conference (June 7, 2018)
- Speaker, “Beyond NDAs: Managing Confidential Information in M&A and Commercial Agreements,” 4th Annual IP Strategy Summit (May 15, 2018)
- Speaker, “Blockchain and Cryptocurrency Forum,” Boston Bar Association (March 2018)
- Speaker, “Semiconductor Industry Roundtable,” Ropes & Gray (March 2018)
- Speaker, “The Business of Licensing 2.0: Cross-Border IP Licensing,” 40th Global IP Conference and Exhibition (February 2018)
- Speaker, “European Patent Oppositions for US Lawyers,” Boston Bar Association (February 2018)
- Speaker, “Interplay Between the U.S. and European Patent Systems,” MIP European Patent Forum, Paris (September 2017)
- Speaker, “Patent Trial and Appeal Board (PTAB) and the Role of the Courts,” MIP International Women’s Leadership Forum (June 2017)
DisclaimerRopes & Gray International LLP is a limited liability partnership registered in Delaware, United States of America and is a recognised body regulated by the Solicitors Regulation Authority (with registered number 521000).
- JD, cum laude, Harvard Law School, Dean’s Scholar Prizes in International Commercial Arbitration and Constitutional Law
- MEng (Electrical Engineering and Computer Science), MIT
- BS (Electrical Engineering and Computer Science), MIT, Eta Kappa Nu, Tau Beta Pi
Admissions / Qualifications
- New York
- England and Wales, Solicitor
- U.S. Patent and Trademark Office
- European Patent Office
- Massachusetts Lawyers Weekly “Go To Lawyers in Intellectual Property” (2021)
- Legaltech News and Law.com “Championing Diversity in Technology, Law Firm” (2021)
- Finalist, Chambers Diversity & Inclusion Lawyer of the Year (2021)
- The Irish Times Deal of the Year: Qorvo Acquisition of Decawave Limited
- LMG Life Sciences Licensing & Collaboration Firm of the Year (2020)
- Massachusetts Lawyers Weekly “Top Women of Law” (2020)
- Legal 500 (2020)