-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, BE8kNpw7NE7NvtjdSfAGgyvWrT4KvPBDtOX/kMgausWEInUhUe9J2+2JXgM7Cxx5 dclryUWJBsyUHwTI+GtYoQ== 0001157523-08-006193.txt : 20080731 0001157523-08-006193.hdr.sgml : 20080731 20080731160531 ACCESSION NUMBER: 0001157523-08-006193 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080731 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080731 DATE AS OF CHANGE: 20080731 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Dolby Laboratories, Inc. CENTRAL INDEX KEY: 0001308547 STANDARD INDUSTRIAL CLASSIFICATION: RADIO & TV BROADCASTING & COMMUNICATIONS EQUIPMENT [3663] IRS NUMBER: 900199783 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32431 FILM NUMBER: 08981989 BUSINESS ADDRESS: STREET 1: 100 POTRERO AVENUE CITY: SAN FRANCISCO STATE: CA ZIP: 94103 BUSINESS PHONE: 415 558 0200 MAIL ADDRESS: STREET 1: 100 POTRERO AVENUE CITY: SAN FRANCISCO STATE: CA ZIP: 94103 8-K 1 a5744470.htm DOLBY LABORATORIES, INC. 8-K

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549



FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported)

July 31, 2008



DOLBY LABORATORIES, INC.
(Exact name of registrant as specified in its charter)


Delaware

001-32431

90-0199783

(State or other jurisdiction of

incorporation)

(Commission File Number)

(IRS Employer

Identification No.)


100 Potrero Avenue

San Francisco, CA 94103-4813

(Address of principal executive offices) (Zip Code)


(415) 558-0200
(Registrant’s telephone number, including area code)

Not Applicable
(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))



1

Section 2 – Financial Information

ITEM 2.02     Results of Operations and Financial Condition.

The following information is intended to be furnished under Item 2.02 of Form 8-K, “Results of Operations and Financial Condition.” This information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

On July 31, 2008, Dolby Laboratories, Inc. issued a press release announcing its financial results for its third quarter ended June 27, 2008. The full text of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.


Section 9 – Financial Statements and Exhibits

ITEM 9.01     Financial Statements and Exhibits.

(d) Exhibits.

 

The following exhibit is furnished herewith:

 
 

Exhibit No.

Description

 
99.1 Press Release of Dolby Laboratories, Inc. dated July 31, 2008

2

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


 

DOLBY LABORATORIES, INC.

 

 

 

 

By:  

  /s/ Kevin J. Yeaman

Kevin J. Yeaman

Chief Financial Officer

 

Date:

July 31, 2008

3

EXHIBIT INDEX

Exhibit No.

Description

 
99.1

Press Release of Dolby Laboratories, Inc. dated July 31, 2008

4

EX-99.1 2 a5744470_ex991.htm EXHIBIT 99.1

Exhibit 99.1

Dolby Laboratories Reports Third Quarter Fiscal 2008 Results

Third quarter EPS grows 56 percent year-over-year

SAN FRANCISCO--(BUSINESS WIRE)--Dolby Laboratories, Inc. (NYSE:DLB) today announced the Company's financial results for its third quarter of fiscal 2008.

For the third quarter, Dolby reported total revenue of $154.3 million, compared to $119.6 million for the third quarter of fiscal 2007, an increase of 29 percent. Third quarter net income was $46.4 million, or $0.40 per diluted share, compared to $29.7 million, or $0.26 per diluted share, for the third quarter of fiscal 2007.

Net income for the third quarter of fiscal 2008 reflects stock-based compensation expense of $5.6 million compared to $5.1 million for the third quarter of fiscal 2007. Net income for the third quarter of fiscal 2008 also reflects charges related to the amortization of intangibles of $3.0 million compared to $1.0 million for the third quarter of fiscal 2007.

"During the quarter, we experienced strong financial results while continuing to make progress in key initiatives such as PC Entertainment Experience and Dolby Mobile,” said Bill Jasper, President and Chief Executive Officer, Dolby Laboratories. “Earlier this week, LG, a global technology and design leader in mobile communications, announced it would introduce high-end multimedia handsets with Dolby Mobile by the end of calendar year 2008.”

Guidance

Dolby now expects fiscal 2008 revenue to be $605 million to $625 million. Net income for fiscal 2008 is now expected to be $181 million to $190 million. Earnings per diluted share is now expected to be $1.57 to $1.65. While under FAS 123R, stock-based compensation expense may vary based on factors such as stock price or volatility, Dolby now expects stock-based compensation expense for fiscal 2008 to be approximately $23 million. In addition, Dolby continues to expect charges related to the amortization of intangibles for fiscal 2008 to be approximately $13 million.


The Company's Conference Call Information

Members of Dolby management will lead a conference call open to all interested parties to discuss Dolby Laboratories’ Q3 fiscal 2008 financial results at 2:00 p.m. PT/5:00 p.m. ET, Thursday, July 31, 2008.

Access to the teleconference will be available over the Internet from http://investor.dolby.com/medialist.cfm or by dialing 1-888-228-5281. International callers can access the conference call at 1-913-312-1423.

A replay of the call will be available beginning at 5:00 p.m. PT on July 31, 2008 until 9:00 p.m. PT on August 7, 2008; dial 1-888-203-1112 (international callers can access the replay by dialing 1-719-457-0820) and enter confirmation code 8298423. An archived version of the teleconference will also be available on Dolby Laboratories’ website, www.dolby.com.

Forward-Looking Statements

Certain statements in this press release, including statements relating to Dolby's expectations regarding revenue, net income, earnings per diluted share, stock-based compensation expense, and charges relating to the amortization of intangibles, for the fiscal year ending September 26, 2008, Dolby’s continued progress on key initiatives such as PC Entertainment Experience and Dolby® Mobile, and the timing and availability of LG handsets with Dolby Mobile are “forward-looking statements” that are subject to risks and uncertainties. These forward-looking statements are based on management’s current expectations, and as a result of certain risks and uncertainties actual results may differ materially from those projected. The following important factors, without limitation, could cause actual results to differ materially from those in the forward-looking statements: risks associated with trends in the markets in which Dolby operates, including trends related to DVD and Blu-ray™ DVD, broadcast, personal computer, gaming, mobile, or portable device markets, and trends relating to the development of additional and newer markets for Dolby technologies; the timing and effects of economic downturns in the United States and abroad; pricing pressures; the risk that LG may not ship handsets with Dolby Mobile by calendar year end or at all; the timing of Dolby's receipt of royalty reports and/or payments from its licensees; Dolby’s accuracy of calculation of royalties due to its licensors; Dolby’s ability to develop, maintain, and strengthen relationships with industry participants; Dolby’s ability to develop and deliver innovative technologies in response to new and growing markets in the entertainment industry; competitive risks; risks associated with conducting business in China and other countries, including countries that have historically limited recognition and enforcement of intellectual property and contractual rights; risks associated with the motion picture industry generally; the development and growth of the market for digital cinema and digital 3D and Dolby’s ability to successfully penetrate this market; Dolby’s ability to expand its business generally, and to expand its business beyond sound technologies to other technologies related to digital entertainment delivery, including by acquiring and successfully integrating businesses or technologies; and other risks detailed in Dolby’s Securities and Exchange Commission filings and reports, including the risks identified under the section captioned “Risk Factors” in its most recent Quarterly Report on Form 10-Q. Dolby disclaims any obligation to update information contained in these forward-looking statements whether as a result of new information, future events, or otherwise.

About Dolby Laboratories

Dolby Laboratories (NYSE: DLB) is the global leader in technologies that are essential elements in the best entertainment experiences. Founded in 1965 and best known for high-quality audio and surround sound, Dolby innovations enrich entertainment at the movies, at home, or on the go. Visit www.dolby.com for more information.

Dolby and the double-D symbol are registered trademarks of Dolby Laboratories. S08/20185 DLB-F


DOLBY LABORATORIES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
       
 
Fiscal Quarter Ended Fiscal Year-to-Date Ended
June 29, 2007 June 27, 2008 June 29, 2007 June 27, 2008
(unaudited)
(in thousands, except per share amounts)
Revenue:
Licensing $ 94,795 $ 127,558 $ 283,812 $ 399,607
Product sales 17,191 18,060 47,870 53,698
Services   7,627     8,699     21,383     23,796  
Total revenue   119,613     154,317     353,065     477,101  
 
Cost of revenue:
Cost of licensing 8,478 3,361 26,287 12,179

Cost of product sales(1)

8,119 9,461 24,519 29,649

Cost of services(1)

  2,963     3,194     8,470     9,400  
Total cost of revenue   19,560     16,016     59,276     51,228  
Gross margin   100,053     138,301     293,789     425,873  
Operating expenses:

Selling, general and administrative(1)

48,430 54,979 128,266 161,275

Research and development(1)

11,854 15,366 31,650 44,998
Gain on settlements   (350 )   (250 )   (1,850 )   (499 )
Total operating expenses   59,934     70,095     158,066     205,774  
Operating income 40,119 68,206 135,723 220,099
Other income, net   5,759     2,661     17,118     10,269  
Income before provision for income taxes and controlling interest 45,878 70,867 152,841 230,368
Provision for income taxes   (15,839 )   (24,117 )   (53,067 )   (78,516 )
Income before controlling interest 30,039 46,750 99,774 151,852
Controlling interest in net income, net of tax   (354 )   (302 )   (1,101 )   (953 )
Net income $ 29,685   $ 46,448   $ 98,673   $ 150,899  
 
 
Basic earnings per share $ 0.27 $ 0.42 $ 0.91 $ 1.36
Diluted earnings per share $ 0.26 $ 0.40 $ 0.87 $ 1.32
 
Weighted-average shares outstanding (basic) 109,692 111,844 108,898 111,209
Weighted-average shares outstanding (diluted) 113,696 114,875 113,389 114,672
 
 
(1) Stock-based compensation included above was classified as follows:
Cost of product sales $ 269 $ 167 $ 679 $ 670
Cost of services 39 48 107 126
Selling, general and administrative 3,838 4,262 11,459 13,157
Research and development 993 1,158 2,512 3,277

DOLBY LABORATORIES, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
   
September 28, 2007

   June 27, 2008   

(unaudited)
(in thousands)

ASSETS
Current assets:
Cash and cash equivalents $ 368,467 $ 369,907
Short-term investments 231,217 49,552
Accounts receivable, net 28,165 45,933
Inventories 14,883 22,000
Deferred income taxes 73,686 85,576
Prepaid expenses and other current assets   17,000   47,018
Total current assets 733,418 619,986
 
Property, plant and equipment, net 85,552 85,775
Intangible assets, net 35,389 90,751
Goodwill 39,364 273,552
Long-term investments 73,224 179,538
Long-term deferred income taxes 12,393 12,817
Other assets   12,357   13,188
Total assets $ 991,697 $ 1,275,607
 
LIABILITIES AND STOCKHOLDERS' EQUITY
Current liabilities:
Accounts payable and accrued liabilities $ 119,068 $ 143,312
Income taxes payable 9,051 2,833
Current portion of long-term debt 1,563 1,607
Deferred revenue   13,522   30,894
Total current liabilities 143,204 178,646
 
Long-term debt 9,691 8,408
Long-term deferred revenue 5,073 6,069
Deferred income tax liability - 18,985
Other non-current liabilities   14,294   29,323
Total liabilities 172,262 241,431
 
Controlling interest 22,279 22,699
Stockholders' equity:
Class A common stock 49 52
Class B common stock 61 61
Additional paid-in capital 375,830 424,502
Retained earnings 409,749 560,936
Accumulated other comprehensive income   11,467   25,926
Total stockholders' equity   797,156   1,011,477
Total liabilities and stockholders' equity $ 991,697 $ 1,275,607

CONTACT:
Dolby Laboratories
Investors:
Alex Hughes, 415-645-4572
investor@dolby.com
Media:
Jeanne Alford, 415-645-5000
news@dolby.com

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