Net Income Totals $5.8 Million, or $0.13 per Share
In CONDENSED BALANCE SHEET, Long-term debt & long-term
liabilities for December 31, 2007 should read: 16,089 (sted 6,089).
The corrected release reads:
INTERDIGITAL ANNOUNCES SECOND QUARTER 2008 FINANCIAL RESULTS
Net Income Totals $5.8 Million, or $0.13 per Share
InterDigital, Inc. (NASDAQ:IDCC) today announced financial and operating
results for second quarter ended June 30, 2008. Highlights for second
quarter 2008 include:
-
Revenue of $58.7 million, including $58.5 million of recurring revenue
-
Net income of $5.8 million, or $0.13 per share (diluted) for second
quarter 2008
-
Cash and short-term investments of $238.2 million
-
Repurchase of $62.1 million in common stock through July 31, 2008 (of
the current $100.0 million authorization)
“We are very pleased with InterDigital’s
performance this quarter,” commented William
J. Merritt, President and Chief Executive Officer. “We
recorded strong recurring revenue based on good sales growth from our
broad base of 2G and 3G patent licensees. We also secured our first
product win for our SlimChip™ high performance
mobile broadband IC and successfully delivered our 3G modem IP to a
fabless customer.”
“We also progressed nicely toward our top
priority of growing our base of new 3G patent licensees, including the
very important task of signing all of the top 5 manufacturers,”
continued Mr. Merritt. “Toward that end, the
U.S. International Trade Commission (USITC) action against Samsung moved
forward with the evidentiary hearing held in July. We believe our case
is going very well, and we remain confident that we will prevail in this
matter. Last week, we also prevailed in two important legal actions –
one against Samsung and the other against Nokia. The decision by the
arbitral tribunal in the Samsung matter confirmed InterDigital’s
position that Samsung cannot use the 2006 settlement agreement between
InterDigital and Nokia to avoid its obligation (determined by a prior
arbitration panel) to pay over $150 million in royalties owed for Samsung’s
sale of 2G handsets. As for Nokia, we believe the decision of the Second
Circuit Court of Appeals clears the path for the resumption of the USITC
investigation regarding Nokia’s sales of 3G
terminal units. These positive developments create the right environment
for the resolution of these patent license disputes on favorable terms.”
Second Quarter Summary
The company’s second quarter 2008 net income
totaled $5.8 million, or $0.13 per share (diluted), a significant
increase from the company’s reported net loss
of $4.4 million, or $0.09 per share, in the comparable quarter in 2007.
The company’s second quarter 2007 pro forma1
net income totaled $6.6 million, or $0.13 per share (diluted), excluding
a $16.6 million charge relating to an award in the arbitration with
Federal and related tax effects.
Revenues in second quarter 2008 were $58.7 million, compared to $55.0
million in second quarter 2007. Recurring patent licensing royalties in
second quarter 2008 were $55.9 million, compared to $52.6 million in
second quarter 2007. Technology solution revenue increased to $2.5
million in second quarter 2008, compared to $0.6 million in second
quarter 2007, due primarily to an increase in engineering services
provided under a license for our SlimChip 3G modem IP. Licensees that
accounted for 10% or more of our recurring revenue are LG (25%), Sharp
Corporation of Japan (18%) and NEC Corporation of Japan (13%).
Second quarter 2008 operating expenses of $50.9 million increased $3.6
million compared to second quarter 2007 after excluding a $16.6 million
second quarter 2007 charge related to an arbitration award. The increase
was primarily due to increased litigation and arbitration expenses and
increased amortization costs related to technology licenses for the
development of our SlimChip product family. Excluding a $6.9 million
insurance reimbursement and $1.2 million reduction in contingent
liabilities, both recognized in first quarter 2008, second quarter 2008
operating expenses decreased sequentially by $2.3 million. The
sequential decrease from first quarter 2008 was primarily due to lower
litigation and arbitration expenses.
Net interest and investment income of $1.2 million in second quarter
2008 decreased $1.1 million from second quarter 2007 due primarily to
lower rates of return.
The company’s second quarter 2008 tax
provision was $3.2 million, reflecting an effective tax rate for the
quarter of approximately 35%. In second quarter 2007, the company
reported a $2.2 million tax benefit against its pre-tax loss, reflecting
an effective tax rate of approximately 33%. The lower rate in 2007 was
attributable to estimated future tax credits related to 2007 research
and development activity.
Six Months Summary
Net income for first half 2008 totaled $13.2 million, or $0.28 per share
(diluted), reflecting a decrease of $11.0 million from pro forma net
income for first half 2007 (which excludes a $16.6 million charge
relating to an award in the arbitration with Federal and related tax
effects) of $24.2 million or $0.48 per share (diluted).
Revenues were $114.7 million in first half 2008 compared to $122.8
million in first half 2007. First half 2007 revenues included $11.2
million of non-recurring revenue associated with prior period sales of
Sony Ericsson’s covered 2G products as well
as $8.7 million of revenue related to current period sales of Sony
Ericsson’s covered 2G products. First half
2008 included $0.8 million of revenue from past infringement. Excluding
revenue from the Sony Ericsson as well as other non-recurring revenue,
recurring patent license royalties from continuing licensees were $109.3
million in first half 2008, an $8.0 million or 8% increase over first
half 2007. In addition, first half 2008 revenues included technology
solutions revenue of $4.6 million, which increased $3.0 million over
first half 2007.
During first half 2008, the company generated $97.6 million of free cash
flow2, compared to $90.8 million of free cash
flow in first half 2007. First half 2008 free cash flow included the
third of three patent license payments from LG totaling $95.0 million,
offset in part by (i) $15.9 million of federal and foreign withholding
tax payments, (ii) litigation and arbitration costs, (iii) patent
related costs and (iv) investments in product development initiatives.
Excluding a first half 2007 charge of $16.6 million relating to the
Federal arbitration, first half 2008 operating expenses of $96.0 million
increased $5.1 million from first half 2007 due primarily to a $4.2
million increase in litigation and arbitration expenses, net of
insurance reimbursements.
Net interest and investment income of $1.7 million in first half 2008
decreased $3.2 million from $4.9 million in first half 2007 due
primarily to a $0.7 million investment write-down and lower rates of
return.
The company’s first half 2008 tax expense was
$7.3 million, compared with first half 2007 tax expense of $7.0 million.
The first half 2008 effective tax rate was approximately 35%. The first
half 2007 effective tax rate was approximately 34%, including the effect
of estimated future tax credits related to 2007 research and development
activity.
Expected Trends
Scott McQuilkin, Chief Financial Officer, commented, “Our
second quarter was strong, with a sequential increase in royalty revenue
from several of our licensees combined with a decrease in our core
operating expenses as well as a decrease in litigation and arbitration
costs. As we move closer to full commercialization of our SlimChip
product, we expect that development spending related to new product and
customer activities will drive an 8%-12% sequential increase in third
quarter operating expenses, excluding arbitration and litigation. Also
in the third quarter 2008, we will recognize a $2.6 million one-time
reduction in expenses related to the recent resolution of the United
Kingdom legal actions with Nokia. Lastly, our book tax rate for the
second half of the year is expected to approximate 35%.
“As is our practice, we will provide an
update on our expectation for third quarter 2008 revenue after we
receive and review the applicable royalty reports and update our
forecasts on anticipated revenue from work associated with technology
solution agreements,” Mr. McQuilkin added.
About InterDigital
InterDigital designs, develops and provides advanced wireless
technologies and products that drive voice and data communications.
InterDigital is a leading contributor to the global wireless standards
and holds a strong portfolio of patented technologies, which it licenses
to manufacturers of 2G, 2.5G, 3G, and 802 products worldwide.
Additionally, the company offers a family of SlimChip™
high performance mobile broadband modem solutions, consisting of
Baseband ICs, Modem IP and Reference Platforms. InterDigital's
differentiated technology and product solutions deliver time-to-market,
performance and cost benefits. For more information, visit: www.interdigital.com.
This press release contains forward-looking statements within the
meaning of Section 21E of the Securities Exchange Act of 1934, as
amended. Such statements include the information under the heading “Expected
Trends” and other information regarding our
current beliefs, plans and expectations, including, without limitation,
with respect to: (i) growing our base of 3G licensees; (ii) the outcome
of the USITC action against Samsung; (iii) the effects of the arbitral
tribunal’s award and the Second Circuit’s
ruling; (iv) the continued development of the company’s
SlimChip product family; (v) third quarter 2008 operating expenses,
excluding patent arbitration/litigation expense; (vi) third quarter 2008
patent arbitration/litigation expense; and (vii) our estimated book tax
rate for second half 2008. Words such as “believe,”
“will,” “expect”
or similar expressions are intended to identify such forward-looking
statements.
Forward-looking statements are subject to risks and uncertainties.
Actual outcomes could differ materially from those expressed in or
anticipated by such forward-looking statements due to a variety of
factors, including, but not limited to, those identified in this press
release as well as the following: (i) unanticipated delays, difficulties
or acceleration in the execution of patent license agreements; (ii)
our ability to leverage our strategic relationships and secure new
patent licensing and technology solutions agreements on acceptable
terms; (iii) changes in the market share and sales performance of our
primary licensees, delays in product shipments of our licensees and
timely receipt and final reviews of quarterly royalty reports from our
licensees and related matters; (iv) unanticipated product
development expenses and the timing of such expenses; (v) unanticipated
difficulties or delays in the production or delivery of our integrated
circuit engineering samples; (vi) changes in the technology preferences,
needs, availability and pricing of competitive technologies and product
offerings; (vii) the resolution of current legal proceedings, including
any awards or judgments relating to such proceedings, additional legal
proceedings, changes in the schedules or costs associated with legal
proceedings or adverse rulings in such legal proceedings; and (viii)
changes in our expectations of the amount and composition of full-year
taxable income, Congressional approval of a 2008 U.S. federal research
and experimental credit, changes in foreign and domestic tax laws or
treatises or changes in our tax planning strategies. We undertake no
duty to update publicly any forward-looking statements, whether as a
result of new information, future events or otherwise, except as may be
required by applicable law, regulation or other competent legal
authority.
1 Pro forma figures have been prepared to
illustrate the exclusion of the impact of the expense relating to the
Federal Insurance arbitration. Refer to the pro forma income statement
at the end of this release for further disclosures surrounding the
company’s presentation of pro forma net
income and earnings per share.
2 InterDigital defines “free
cash flow” as operating cash flow less
purchases of property and equipment and investments in patents. A
detailed reconciliation of free cash flow to GAAP results is provided at
the end of this release.
|
|
|
SUMMARY CONSOLIDATED STATEMENT
OF OPERATIONS
|
|
For the Periods Ended June 30
|
|
(Dollars in thousands except per share data)
(unaudited)
|
|
|
|
|
|
|
|
|
|
For the Three Months Ended June 30,
|
|
For the Six Months Ended June 30,
|
|
|
|
|
2008
|
|
|
|
2007
|
|
|
|
2008
|
|
|
|
2007
|
|
|
REVENUES
|
|
$
|
58,706
|
|
|
$
|
55,006
|
|
|
$
|
114,733
|
|
|
$
|
122,824
|
|
|
|
|
|
|
|
|
|
|
|
|
OPERATING EXPENSES:
|
|
|
|
|
|
|
|
|
|
Sales and marketing
|
|
|
2,049
|
|
|
|
1,879
|
|
|
|
4,437
|
|
|
|
3,975
|
|
|
General and administrative
|
|
|
5,705
|
|
|
|
6,126
|
|
|
|
11,380
|
|
|
|
12,670
|
|
|
Patents administration and licensing
|
|
|
20,436
|
|
|
|
18,075
|
|
|
|
35,487
|
|
|
|
31,280
|
|
|
Development
|
|
|
22,677
|
|
|
|
21,193
|
|
|
|
45,879
|
|
|
|
42,977
|
|
|
Arbitration & litigation contingencies
|
|
|
—
|
|
|
|
16,612
|
|
|
|
(1,200
|
)
|
|
|
16,612
|
|
|
|
|
|
50,867
|
|
|
|
63,885
|
|
|
|
95,983
|
|
|
|
107,514
|
|
|
|
|
|
|
|
|
|
|
|
|
Income (Loss) from operations
|
|
|
7,839
|
|
|
|
(8,879
|
)
|
|
|
18,750
|
|
|
|
15,310
|
|
|
|
|
|
|
|
|
|
|
|
|
NET INTEREST & OTHER INVESTMENT INCOME
|
|
|
1,231
|
|
|
|
2,272
|
|
|
|
1,669
|
|
|
|
4,905
|
|
|
|
|
|
|
|
|
|
|
|
|
Income (Loss) before income taxes
|
|
|
9,070
|
|
|
|
(6,607
|
)
|
|
|
20,419
|
|
|
|
20,215
|
|
|
|
|
|
|
|
|
|
|
|
|
INCOME TAX (PROVISION) BENEFIT
|
|
|
(3,218
|
)
|
|
|
2,201
|
|
|
|
(7,250
|
)
|
|
|
(6,952
|
)
|
|
|
|
|
|
|
|
|
|
|
|
NET INCOME (LOSS) APPLICABLE TO COMMON SHAREHOLDERS
|
|
$
|
5,852
|
|
|
$
|
(4,406
|
)
|
|
$
|
13,169
|
|
|
$
|
13,263
|
|
|
|
|
|
|
|
|
|
|
|
|
NET INCOME (LOSS) PER COMMON SHARE – BASIC
|
|
$
|
0.13
|
|
|
$
|
(0.09
|
)
|
|
$
|
0.29
|
|
|
$
|
0.27
|
|
|
|
|
|
|
|
|
|
|
|
|
WEIGHTED AVERAGE NUMBER OF COMMON SHARES OUTSTANDING –
BASIC
|
|
|
45,358
|
|
|
|
46,957
|
|
|
|
45,892
|
|
|
|
48,362
|
|
|
|
|
|
|
|
|
|
|
|
|
NET INCOME (LOSS) PER COMMON SHARE –
DILUTED
|
|
$
|
0.13
|
|
|
$
|
(0.09
|
)
|
|
$
|
0.28
|
|
|
$
|
0.26
|
|
|
|
|
|
|
|
|
|
|
|
|
WEIGHTED AVERAGE NUMBER OF COMMON SHARES OUTSTANDING –
DILUTED
|
|
|
46,450
|
|
|
|
46,957
|
|
|
|
46,886
|
|
|
|
50,379
|
|
|
|
|
SUMMARY CASH FLOW
|
|
For the Periods Ended June 30
|
|
(Dollars in thousands)
|
|
(unaudited)
|
|
|
|
|
|
For the Three Months
Ended June 30,
|
|
For the Six Months
Ended June 30,
|
|
|
|
|
2008
|
|
|
|
2007
|
|
|
|
2008
|
|
|
|
2007
|
|
|
Net Income (Loss) before income taxes
|
|
$
|
9,070
|
|
|
$
|
(6,607
|
)
|
|
$
|
20,419
|
|
|
$
|
20,215
|
|
|
Taxes Paid
|
|
|
(14
|
)
|
|
|
(309
|
)
|
|
|
(15,689
|
)
|
|
|
(15,984
|
)
|
|
Depreciation, amortization, shared based compensation and investment
write down
|
|
|
8,216
|
|
|
|
7,296
|
|
|
|
17,328
|
|
|
|
14,473
|
|
|
Increase in deferred revenue
|
|
|
51,999
|
|
|
|
12,428
|
|
|
|
82,464
|
|
|
|
116,516
|
|
|
Deferred revenue recognized
|
|
|
(28,341
|
)
|
|
|
(27,078
|
)
|
|
|
(58,625
|
)
|
|
|
(58,185
|
)
|
|
(Decrease) Increase in operating working capital, deferred charges
and other
|
|
|
(10,516
|
)
|
|
|
29,579
|
|
|
|
71,606
|
|
|
|
43,868
|
|
|
Capital spending, technology & patent additions
|
|
|
(11,247
|
)
|
|
|
(17,788
|
)
|
|
|
(19,891
|
)
|
|
|
(30,066
|
)
|
|
FREE CASH FLOW
|
|
|
19,167
|
|
|
|
(2,479
|
)
|
|
|
97,612
|
|
|
|
90,837
|
|
|
|
|
|
|
|
|
|
|
|
|
Long-term investment
|
|
|
(651
|
)
|
|
|
—
|
|
|
|
(651
|
)
|
|
|
(5,000
|
)
|
|
Tax benefit from share-based compensation
|
|
|
128
|
|
|
|
905
|
|
|
|
498
|
|
|
|
3,330
|
|
|
Debt decrease
|
|
|
(814
|
)
|
|
|
(92
|
)
|
|
|
(1,179
|
)
|
|
|
(184
|
)
|
|
Repurchase of common stock
|
|
|
(20,475
|
)
|
|
|
(21,430
|
)
|
|
|
(36,580
|
)
|
|
|
(165,356
|
)
|
|
Proceeds from exercise of stock options
|
|
|
208
|
|
|
|
1,642
|
|
|
|
956
|
|
|
|
3,741
|
|
|
Unrealized (loss) gain on short term investments
|
|
|
(257
|
)
|
|
|
268
|
|
|
|
73
|
|
|
|
299
|
|
|
NET (DECREASE) INCREASE IN CASH AND SHORT-TERM INVESTMENTS
|
|
$
|
(2,694
|
)
|
|
$
|
(21,186
|
)
|
|
$
|
60,729
|
|
|
$
|
(72,333
|
)
|
|
|
|
CONDENSED BALANCE SHEET
|
|
(Dollars in thousands)
(unaudited)
|
|
|
|
June 30,
2008
|
|
|
December 31,
2007
|
|
Assets
|
|
|
|
|
|
|
Cash & short-term investments
|
|
$
|
238,195
|
|
|
$
|
177,467
|
|
Accounts receivable
|
|
|
35,715
|
|
|
|
130,880
|
|
Current deferred tax assets
|
|
|
43,734
|
|
|
|
43,734
|
|
Other current assets
|
|
|
12,416
|
|
|
|
19,332
|
|
Property & equipment and Patents (net)
|
|
|
118,279
|
|
|
|
111,686
|
|
Long-term deferred tax assets and non-current assets
|
|
|
50,668
|
|
|
|
51,786
|
|
TOTAL ASSETS
|
|
$
|
499,007
|
|
|
$
|
534,885
|
|
|
|
|
|
|
|
|
Liabilities and Shareholders’
Equity
|
|
|
|
|
|
|
Current portion of long-term debt
|
|
$
|
274
|
|
|
$
|
1,311
|
|
Accounts payable & accrued liabilities
|
|
|
46,728
|
|
|
|
76,974
|
|
Current deferred revenue
|
|
|
81,585
|
|
|
|
78,899
|
|
Long-term deferred revenue
|
|
|
245,698
|
|
|
|
224,545
|
|
Long-term debt & long-term liabilities
|
|
|
9,038
|
|
|
|
16,089
|
|
TOTAL LIABILITIES
|
|
|
383,323
|
|
|
|
397,818
|
|
|
|
|
|
|
|
|
SHAREHOLDERS' EQUITY
|
|
|
115,684
|
|
|
|
137,067
|
|
|
|
|
|
|
|
|
TOTAL LIABILITIES & SHAREHOLDERS’
EQUITY
|
|
$
|
499,007
|
|
|
$
|
534,885
|
|
|
|
The following pro forma statements of financial results exclude
the expense associated with the Federal arbitration award and
related tax expense items. The company has provided these pro
forma figures here and elsewhere in this press release. Management
regards the arbitration award as a non-recurring item not
indicative of operating results for the period and believes that
investors may share this viewpoint.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PRO FORMA SUMMARY CONSOLIDATED
STATEMENT OF OPERATIONS
|
|
(Dollars in thousands except per share data)
|
|
(unaudited)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Three Months Ended June 30, 2007
|
|
For the Six Months Ended June 30, 2007
|
|
|
|
Actual
|
|
Adjustments
|
|
Pro Forma
|
|
Actual
|
|
Adjustments
|
|
Pro Forma
|
|
REVENUES
|
|
$
|
5,006
|
|
|
|
|
$
|
5,006
|
|
$
|
22,824
|
|
|
|
|
$
|
122,824
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
OPERATING EXPENSES:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Sales and marketing
|
|
|
1,879
|
|
|
|
|
|
1,879
|
|
|
|
3,975
|
|
|
|
|
|
3,975
|
|
|
General and administrative
|
|
|
6,126
|
|
|
|
|
|
6,126
|
|
|
|
12,670
|
|
|
|
|
|
12,670
|
|
|
Patents administration and licensing
|
|
|
18,075
|
|
|
|
|
|
18,075
|
|
|
|
31,280
|
|
|
|
|
|
31,280
|
|
|
Development
|
|
|
21,193
|
|
|
|
|
|
21,193
|
|
|
|
42,977
|
|
|
|
|
|
42,977
|
|
|
Arbitration award
|
|
|
6,612
|
|
|
(16,612
|
)
|
|
|
—
|
|
|
|
16,612
|
|
|
(16,612
|
)
|
|
|
—
|
|
|
|
|
|
63,885
|
|
|
(16,612
|
)
|
|
|
47,273
|
|
|
|
107,514
|
|
|
(16,612
|
)
|
|
|
90,902
|
|
|
(Loss) income from operations
|
|
|
(8,879
|
)
|
|
16,612
|
|
|
|
7,733
|
|
|
|
15,310
|
|
|
|