Regina Sam Penti
Regina is a partner in the intellectual property transactions, data, and emerging companies practice groups. She represents technology companies and their investors across the entire corporate life cycle, with particular focus on emerging companies and their investors. Regina has significant experience 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 and over a decade of industry and legal experience to provide technology companies with hands-on support and strategic counseling regarding critical intellectual property and data assets. She has represented clients across a range of industries, including artificial intelligence (AI), robotics, software, health care, financial services, and medical technology. She was honored as one of Massachusetts Lawyers Weekly “Top Women of Law” in 2020 and is recognized in Legal 500 for her outstanding work on behalf of clients.
With a dual-qualification as a U.S. lawyer and Solicitor of England & Wales, Regina is a frequently invited to comment on global intellectual property and technology law issues. She is a guest lecturer on intellectual property law at the MIT Sloan School of Business. She is co-chair of the Internet and Technology Law Committee of the Boston Bar Association and the International IP Summit, an annual symposium for leading legal and business executives, which she co-founded with the Boston College Law School’s Program on Innovation and Entrepreneurship (PIE).
Regina also co-chairs 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 Silver Lake Partners on strategic intellectual property, diligence and technology matters as lead investor in the $540 million Series F funding round for Noom, Inc., a leading digital health platform focused on behavior change.
- Advised Altimeter Growth Corp. on strategic intellectual property and technology matters in connection with its $39.6 billion merger with Grab Holdings, Southeast Asia’s leading ride-hailing, food delivery and mobile payments “superapp.” The transaction is expected to be the largest-ever U.S. deSPAC transaction and equity offering by a Southeast Asian company and resulted in Grab becoming publicly traded in the United States.
- Advised Lilium GmbH, a leader in regional electric air mobility, on strategic intellectual property and technology matters in connection with its business combination agreement with Qell Acquisition Corp., a publicly listed special purpose acquisition company (SPAC) focused on developing next-generation, sustainable mobility. The combined company is valued at $3.3 billion pro forma equity value.
- Advised Astra, a maker of small rockets used to send satellites and tourists into orbit, on intellectual property and technology matters in connection with its merger with Holicity Inc., a special purpose acquisition company (SPAC). The transaction, which will result in Astra becoming the first publicly-traded space launch company to be listed on the NASDAQ, reflects an enterprise value for Astra of approximately $2.1 billion and is expected to provide up to $500 million in cash proceeds.
- Represents Qorvo, a leading provider of RF solutions, in several ongoing matters, including in its acquisition of Decawave, a pioneer in ultra-wideband (UWB) technology and provider of UWB solutions for mobile, automotive and IoT applications, and of Custom MMIC, a supplier of monolithic microwave integrated circuits (MMICs). Qorvo's acquisition of Decawave was named Deal of the Year by The Irish Times.
- Represented Silver Lake and its portfolio company, Weld North, in intellectual property matters and strategy in connection with a significant investment in Weld North Education, the leading K-12 digital curriculum technology company in the U.S. serving ten million students and seven thousand school districts, by a coalition of investors including Onex Partners V, Onex’ US $7.2 billion platform fund.
- Represented Longview Acquisition Corp., a SPAC, in connection with intellectual property aspects in its $1.5 billion business combination agreement with Butterfly Network, a leader in enabling universal access to superior, affordable, easy-to-use, globally-accessible and intelligently-connected medical imaging and high quality ultrasound.
- Advised Sound United LLC, a portfolio company of Charlesbank Capital Partners, on intellectual property matters in its acquisition of Bowers & Wilkins, a leading designer and manufacturer of luxury home audio speakers, headphones, custom installation products, wireless speakers, and branded audio systems in the automotive and television markets.
- Advised Medtronic on intellectual property matters in connection with 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.
- Represented Change Healthcare, a leading independent healthcare technology company, in the sale of its Connected Analytics business to Kaufman Hall, a provider of enterprise performance management software, data, and management consulting services.
- Advised GI Partners in complex and strategic intellectual property matters in connection with its acquisition of Clinical Ink, a global clinical trial technology company and provider of eSource solutions.
- Advised Milacron Holdings, a publicly-traded company which manufactures, distributes, and services engineered and customized systems for the plastics technology industry, in complex intellectual property matters relating to a definitive agreement to be acquired by Hillenbrand, Inc. for $2 billion.
- Advised GHO Capital Partners LLP, a European specialist investor in healthcare, in its acquisition of X-Chem, Inc., an industry-leading provider of DNA-Encoded Library (DEL)-based discovery services.
- Represented Flight Centre Group, a leading publicly-traded travel commerce company, in a strategic transaction with The Upside Travel Company, including advising on Flight Centre’s 25% stake in Upside and on a complex commercial agreement regarding cooperation on various development and distribution initiatives.
- Represented TPG Capital and its portfolio company BVI (Beaver-Visitec International), a leading developer of specialized surgical devices and custom procedure packs for the ophthalmic marketplace in intellectual property matters relating to BVI’s strategic acquisition of 100% stake in PhysIOL Group SA, a Belgium-based ophthalmic company specializing in the research, development, and manufacture of intraocular lenses.
- Advised a Bain Capital-led investor group on intellectual property aspects of the acquisition of U.S. Renal Care, Inc., a leading provider of dialysis services for patients suffering from end stage renal disease that serves approximately 25,000 patients in 335 dialysis facilities across 32 states.
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 towards 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 healthcare 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.
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 associates with executing their strategies.
- Represent 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, “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, “Supreme Court Limits Assignor Estoppel, Making Some Patents Easier to Challenge in Court,” Ropes & Gray Alert (June 30, 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, “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
- 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)