Acacia Research Reports Second Quarter 2008 Financial Results

2008-07-24 15:00:00

Acacia Research Reports Second Quarter 2008 Financial Results

NEWPORT BEACH, Calif.–(EMWNews)–Acacia Research Corporation (Nasdaq:ACTG) today reported results for the

three months ended June 30, 2008.

Acacia Research consolidated revenues for the

second quarter of 2008 were $7,116,000 compared to $5,865,000 in the

year ago period. Trailing 12-month revenues were $37,711,000 compared to

$46,787,000 at the end of the second quarter of 2007. Acacia Research

reported a second quarter GAAP net loss from continuing operations of

$5,041,000 or $0.17 per share, including non-cash charges of $3,182,000,

commented Acacia Research Chairman and CEO, Paul Ryan.

Acacia Research’s subsidiaries entered into

16 new licensing agreements in the second quarter generating revenues

from 11 different licensing programs, including 3 new licensing

programs. We also acquired control of 6 new patent portfolios in the

quarter for future licensing and now control 95 patent portfolios.

Acacia’s long-term revenue growth potential

continues to increase based on several patented technologies which could

commence generating revenues over the next year and growth in our

existing licensing programs. As we have previously stated, the timing of

our revenue generation can vary and quarterly revenues are therefore

likely to remain uneven. With $16,164,000 in revenues in the first half

of 2008, it is possible we may not generate revenue growth this year

over the $52,597,000 recorded in 2007. We do anticipate increasing

Acacia’s fundamental value this year from the acquisition of new patent

portfolios, the commencement of new licensing programs and continuing to

build our leadership position in patent licensing,

concluded Mr. Ryan.

Acacia Research Corporation Consolidated Financial Results

For the Three Months Ended June 30, 2008 and 2007

Results from Continuing Operations

Acacia Research Corporation reported consolidated second quarter 2008

license fee revenues of $7,116,000, compared to $5,865,000 in the second

quarter of 2007. Second quarter 2008 license fee revenues included

license fees from 11 of the Companys

technology licensing programs, including initial license fee revenues

for our Authorized Spending Accounts technology, Picture Archiving &

Communications System technology and Video Editing technology. Second

quarter 2008 license fee revenues also included fees from the licensing

of our Audio Communications Fraud Detection technology, Credit Card

Fraud Protection technology, DMT® technology,

Pop-up Internet Advertising technology, Portable Storage Devices with

Links technology, Remote Management of Imaging Devices technology,

Rule-Based Monitoring technology and Telematics technology. Second

quarter 2007 revenues included license fees from 20 new licensing

agreements covering 8 of our technology licensing programs. To date, the

Company has generated revenues from 35 of its technology licensing

programs.

Trailing twelve-month license fee revenues were $37.7 million as of June

30, 2008, as compared to $36.5 million as of March 31, 2008, $52.6

million as of December 31, 2007, $47.9 million as of September 30, 2007,

and $46.8 million as of June 30, 2007.

Acacia Research Corporation reported a second quarter 2008 net loss from

continuing operations of $5,041,000, as compared to $3,588,000 in the

second quarter of 2007. Included in second quarter 2008 results from

continuing operations are non-cash charges totaling $3,182,000,

comprised of non-cash stock compensation charges of $1,938,000 and

non-cash patent amortization charges of $1,244,000. Second quarter 2007

results from continuing operations included non-cash charges of

$2,458,000, comprised of non-cash stock compensation charges of

$1,144,000 and non-cash patent amortization charges of $1,314,000.

Marketing, general and administrative expenses include employee

compensation and related personnel costs, including non-cash stock

compensation expenses, office and facilities costs, legal and accounting

professional fees, public relations, marketing, stock administration and

other corporate costs, and patent related development,

commercialization, research, consulting and maintenance costs. Second

quarter 2008 marketing, general and administrative expenses increased to

$5,947,000, including non-cash stock compensation charges of $1,938,000,

from $4,190,000, including non-cash stock compensation charges of

$1,144,000, in the comparable 2007 period. Excluding non-cash stock

compensation charges, marketing, general and administrative expenses

increased $963,000. The net increase was due primarily to the addition

of licensing, business development and engineering personnel since the

end of the comparable 2007 period, an increase in business development

and licensing related patent research and consulting costs and an

increase in corporate, general and administrative costs, all of which

are reflective of the continued growth and expansion of our operating

subsidiaries intellectual property

acquisition, licensing and enforcement businesses and related ongoing

operations.

Operating expenses for the second quarter of 2008 and 2007 included

inventor royalties expenses of $2,177,000 and $1,611,000, respectively,

and contingent legal fees expenses of $1,928,000 and $1,795,000,

respectively. The majority of our operating subsidiaries

patent portfolios are subject to agreements containing provisions

granting to the original patent owner the right to receive inventor

royalties based on future net revenues, as defined in the respective

agreements, and may also be subject to contingent legal fee arrangements

with external law firms engaged on a contingent fee basis. The economic

terms of the inventor and contingent arrangements, if any, vary across

patent portfolios. As such, inventor royalties and contingent legal fees

expenses fluctuate period to period based on the amount of revenues

recognized each period and the mix of specific patent portfolios

generating revenues each period. The second quarter 2008 increase in

inventor royalties expense and contingent legal fees expense, as

compared to the second quarter of 2007, was primarily due to the

increase in license fee revenues recognized in the second quarter of

2008, as compared to the second quarter of 2007, as described above.

Second quarter 2008 patent-related legal expenses were $1,073,000,

compared to $1,069,000 in the comparable 2007 period. Patent-related

legal expenses include patent-related prosecution and enforcement costs

incurred by outside law firms engaged on an hourly basis and the

out-of-pocket expenses incurred by law firms engaged on a contingent fee

basis. Patent-related legal expenses fluctuate from period to period

based on patent enforcement and prosecution activity associated with

ongoing licensing and enforcement programs and the timing of the

commencement of new licensing and enforcement programs in each period.

We expect patent-related legal expenses to continue to fluctuate quarter

to quarter based on the factors summarized above, in connection with our

current and future patent commercialization and enforcement programs.

Financial Condition

Total assets were $67,405,000 as of June 30, 2008 compared to

$71,051,000 as of December 31, 2007. Cash and cash equivalents and

investments totaled $45,747,000 as of June 30, 2008 compared to

$51,433,000 as of December 31, 2007. At June 30, 2008, investments

included $4,687,000 of auction rate securities. License fees receivable

totaled $4,386,000 as of June 30, 2008 compared to $1,409,000 as of

December 31, 2007.

Business Highlights and Recent

Developments

Business highlights of the second quarter of 2008 and recent

developments include the following:

(Note: Acacia Patent Acquisition LLC, Disc Link Corporation, Financial

Systems Innovation LLC, Telematics Corporation, Acacia Media

Technologies Corporation, International Printer Corporation, Credit Card

Fraud Control Corporation, and Hospital Systems Corporation are all

wholly owned operating subsidiaries of Acacia Research Corporation):

 

Disc Link Corporation entered into non-exclusive licenses with the

following companies covering patents relating to portable storage

devices with links:

 

Smith Micro Software, Inc.

Mindjet Corporation, resolving litigation that was pending in the

United States District Court for the Eastern District of Texas with

respect to certain Mindjet products.

Raxco Software, Inc., resolving litigation that was pending in the

United States District Court for the Eastern District of Texas with

respect to certain Raxco Software, Inc. products.

Serif, Inc., resolving litigation that was pending in the United

States District Court for the Eastern District of Texas with respect

to certain Serif products.

 

The portable storage devices with links technology generally relates

to products sold or distributed on CDs or DVDs that include a link

to retrieve additional data via the Internet.

 

Financial Systems Innovation LLC entered into a settlement agreement

covering a patent that applies to credit card fraud protection

technology with Mothers Work, Inc. This resolves a dispute that was

pending before the United States District Court for the Northern

District of Georgia. The expired patent asserted in this litigation

generally relates to a computerized system for protecting retailers

and consumers engaged in credit card, check card, and debit

transactions.

 

Telematics Corporation entered into a patent license agreement with

Navman USA. The Telematics technology generally relates to systems

and methods for displaying mobile vehicle information on a map. This

technology can be used in navigation and fleet management systems

that combine wireless communication with GPS tracking and map

displays.

 

Acacia Media Technologies Corporation entered into a license

agreement with EMC Insurance Group, Inc. for certain uses of its

Digital Media Transmission (“DMT(R)”) technology. Acacia Media

Technologies Corporation has entered into over 300 license

agreements for its DMT technology with companies that provide

online entertainment, movies, music, news, and sports, e-learning,

cable television services, hotel on-demand television services,

and corporate advertising and promotion.

 

International Printer Corporation entered into settlement and

license agreements with the following companies, covering a

portfolio of patents that apply to remote management of imaging

devices:

 

Murata Machinery, Ltd. and Muratec America, Inc.

Toshiba TEC Corporation and Toshiba America Business Solutions, Inc.

Oki Data Corporation

 

This patented technology generally relates to systems and methods

that provide remote control and monitoring of networked imaging

devices such as copiers, printers and fax machines.

 

Credit Card Fraud Control Corporation entered into non-exclusive

patent license and settlement agreements with the following

companies, covering a patent that applies to fraud protection

technology:

Full Spectrum Telecommunications, Inc., resolving a dispute between

the parties, Case No. 2:08-cv-06-DF, that was pending before the

United States District Court for the Eastern District of Texas.

SPG Solutions, LLC., resolving a dispute between the parties that

was pending before the United States District Court for the Eastern

District of Texas.

 

This patented technology generally relates to methods for

determining and preventing fraud when using telephonic, computer

network or other communication services to complete a sale. The

claims cover methods for preventing fraud during the purchase of

services for entertainment or technical support. These methods help

protect vendors from credit card charge-backs and help protect

consumers whose credit card numbers may have been stolen.

 

Hospital Systems Corporation entered into a license agreement with

Siemens Medical Solutions USA, Inc., covering a portfolio of patents

that apply to medical picture archiving and communication system

(PACS) technology.

 

Acacia Patent Acquisition LLC continued its patent and patent rights

acquisition activities, including the following:

 

In April 2008, acquired rights to patents relating to laparoscopic

surgery technology. The patented technology relates to devices used

by surgeons to help repair broken or damaged blood vessels or

gastrointestinal organs. The devices can be used by cardiologists,

gastrointestinal specialists, and other medical professionals.

In April 2008, acquired rights to a patent relating to

microprocessor technology. This patented technology relates to the

execution of instructions by a processor and has applications in

personal computers, servers and embedded processors.

In May 2008, acquired a patent relating to interactive TV

technology. This patented technology generally relates to recording

interactive TV responses to specific broadcast material from

specific users. This technology can be used by advertisers to

evaluate current advertisement effectiveness and target buyers with

future advertisements. This technology can also be used by

interactive television companies to study subscriber viewing and

interactivity behavior.

In June 2008, acquired rights to a patent relating to Internet radio

advertisement technology. This patented technology generally relates

to advertisement replacement for Internet radio. This technology can

be used by radio stations to replace broadcast advertisements for

distribution over the Internet.

In June 2008, acquired rights to patents relating to improving print

quality based on stochastic screening. This patented technology

renders finer detail and eliminates artifacts found in traditional

halftone patterns. High-volume, commercial printers, newspapers and

publishers can use this technology to improve print quality while

cutting cost.

In June 2008, acquired rights to a patent relating to enterprise

content management technology. This patented technology generally

relates to categorization and sharing of information within an

organization and can be used to organize Internet links, electronic

files and hardcopy documents.

A conference call is scheduled for today. The Acacia Research

Corporation presentation and Q&A will start at 1:30 p.m. Pacific Time

(4:30 p.m. Eastern).

To listen to the presentation by phone, dial (888) 278-8459 for domestic

callers and (913) 312-1453 for international callers, both of whom will

need to provide the operator with the confirmation code 8648477. A

replay of the audio presentation will be available for 30 days at (888)

203-1112 for domestic callers and (719) 457-0820 for international

callers, both of whom will need to enter the code 8648477 when prompted.

The call is being webcast by CCBN and can be accessed at Acacias

website at www.acaciaresearch.com.

ABOUT ACACIA RESEARCH CORPORATION

Acacia Researchs subsidiaries develop,

acquire, and license patented technologies. Acacia Researchs

subsidiaries control 95 patent portfolios covering technologies used in

a wide variety of industries including audio/video enhancement &

synchronization, broadcast data retrieval, computer memory cache

coherency, credit card fraud protection, database management, data

encryption & product activation, digital media transmission (DMT®),

digital video production, ecommerce pricing, image resolution

enhancement, interactive data sharing, interactive television, location

based cell phone services, medical image stabilization, medical

monitoring, microprocessor enhancement, remote management of imaging

devices, resource scheduling, telematics and user activated Internet

advertising.

Information about Acacia Research is available at www.acaciatechnologies.com

and www.acaciaresearch.com.

Safe Harbor Statement under the Private Securities Litigation

Reform Act of 1995

This news release contains forward-looking statements within the

meaning of the safe harbor

provisions of the Private Securities Litigation Reform Act of 1995. These

statements are based upon our current expectations and speak only as of

the date hereof. Our actual results may differ materially and

adversely from those expressed in any forward-looking statements as a

result of various factors and uncertainties, including the recent

economic slowdown affecting the credit markets and technology companies,

our ability to successfully develop products, rapid technological change

in our markets, changes in demand for our future products, legislative,

regulatory and competitive developments and general economic conditions.

We also note that our reported financial performance and period to

period comparisons are not necessarily indicative of the results that

may be expected in the future and we believe that such comparisons

cannot be relied upon as indicators of future performance. Our

Annual Report on Form 10-K, recent and forthcoming Quarterly Reports on

Form 10-Q, recent Current Reports on Forms 8-K, and other reports we

file with the Securities and Exchange Commission discuss some of the

important risk factors that may affect our business, results of

operations and financial condition. We undertake no obligation to

revise or update publicly any forward-looking statements for any reason.

ACACIA RESEARCH CORPORATION

CONSOLIDATED SUMMARY FINANCIAL INFORMATION

(In thousands, except share and per share information)

(Unaudited)

 

 

CONSOLIDATED BALANCE SHEET INFORMATION

 

 

 

 

June 30,

December 31,

2008

2007

 

Total Assets

$

67,405

$

71,051

Total Liabilities

$

8,221

$

6,247

Total Stockholders’ Equity

$

59,184

$

64,804

 

CONSOLIDATED STATEMENTS OF OPERATIONS

 

 

 

 

 

For the Three Months Ended

For the Six Months Ended

June 30,
2008

 

June 30,
2007

June 30,
2008

 

June 30,
2007

 

License fee revenues

$

7,116

 

$

5,865

 

$

16,164

 

$

31,050

 

 

Operating expenses:

Marketing, general and administrative expenses (including non-cash

stock compensation expense of $1,938 and $3,767 for the three and

six months ended June 30, 2008 and $1,144 and $1,907 for the three

and six months ended June 30, 2007)

 

5,947

4,190

12,573

8,518

Inventor royalties and contingent legal fees expense – patents

4,105

3,406

8,836

17,528

Legal expenses – patents

1,073

1,069

2,089

2,436

Amortization of patents

 

1,244

 

 

1,314

 

 

2,579

 

 

2,630

 

 

Total operating expenses

 

12,369

 

 

9,979

 

 

26,077

 

 

31,112

 

 

Operating loss

(5,253

)

(4,114

)

(9,913

)

(62

)

 

Other income (expense):

Interest income

238

650

693

1,057

Loss on investments

 

 

 

 

 

(263

)

 

 

 

Total other income (expense)

 

238

 

 

650

 

 

430

 

&

Acacia Research Corporation
Rob Stewart
Investor Relations
949-480-8300
Fax:

949-480-8301

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