EX-99.1 2 w75007exv99w1.htm EX-99.1 exv99w1
Exhibit 99.1
FOR IMMEDIATE RELEASE
INTERDIGITAL ANNOUNCES SECOND QUARTER 2009 FINANCIAL RESULTS
Net Income Totals $26.4 Million, or $0.59 Per Share
KING OF PRUSSIA, PA — July 28, 2009 — InterDigital, Inc. (NASDAQ: IDCC) today announced financial and operating results for the second quarter ended June 30, 2009. Highlights for second quarter 2009 include:
  Revenue of $74.9 million, an increase of 28 percent over second quarter 2008;
 
  Operating expenses of $34.7 million, a 32 percent decrease from second quarter 2008;
 
  Net income of $26.4 million, or $0.59 per diluted share, more than four times greater than second quarter 2008;
 
  Ending cash and short-term investments of $216.6 million; and
 
  Repurchase of $14.7 million, or 0.6 million shares, of common stock through June 30, 2009.
“We are pleased to announce a very strong second quarter, marked by strong earnings and positive cash flow,” commented William J. Merritt, President and Chief Executive Officer. “Our results clearly demonstrate that our licensing efforts continue to drive significant value. Additionally, our first quarter realignment, which refocused our business on our core research and development and licensing activities, contributed to a significant improvement in profitability in the second quarter. All these efforts should continue to produce substantial benefits to our shareholders both in the short and long term.”
Second Quarter Summary
The company’s second quarter 2009 net income totaled $26.4 million or $0.59 per diluted share, more than four times greater than the company’s net income of $5.9 million, or $0.13 per diluted share for the comparable quarter 2008. This year-over-year increase was driven by revenue contributions from a new patent license agreement with Samsung signed in January 2009 as well as reduced operating expenses resulting from the company’s repositioning plan announced in first quarter 2009.
Revenues totaled $74.9 million in second quarter 2009, a 28 percent increase over the $58.7 million reported in second quarter 2008. Patent licensing royalties of $72.7 million in second quarter 2009 posted a 29 percent increase over $56.2 million in second quarter 2008, due to the addition of $25.7 million in fixed-fee amortized royalty revenue from a patent license agreement with Samsung signed in first quarter 2009, $2.3 million in royalties for past sales, partly offset by a $10.4 million decrease in per-unit royalty revenue related to industry-wide declines in handset sales for comparable first quarter sales. Despite this overall decline in per unit royalties, certain licensees with concentrations in the smartphone market reported increased sales for the reporting period. Technology solutions revenue of $2.2 million in second quarter 2009 decreased 12 percent from $2.5 million in second quarter 2008. The decrease is primarily attributable to engineering service fees earned in second quarter 2008 that did not recur in second quarter 2009, offset by an increase in royalties earned on InterDigital’s SlimChip modem IP. In second quarter 2009, 53 percent of total revenue of $74.9 million was attributable to companies that individually accounted for 10 percent or more of this amount, Samsung (34 percent) and LG (19 percent).
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Second quarter 2009 operating expenses of $34.7 million decreased $16.2 million, or 32 percent, compared to second quarter 2008. The decrease was due primarily to the company’s repositioning announced on March 30, 2009, which decreased development expenses by $9.0 million, or 41 percent year-over-year, from $22.2 million in second quarter 2008 to $13.2 million in second quarter 2009. In addition, patent administration and licensing expenses declined significantly from $21.4 million in second quarter 2008 to $15.6 million in second quarter 2009, a decrease of $5.9 million, or 27 percent. This year-over-year reduction was driven largely by the resolution of the company’s various disputes with Samsung and the third quarter 2008 resolution of the Nokia U.K. patent litigations. On a sequential basis, development expenses declined $13.6 million, or 51 percent, from first quarter 2009, reflecting the results of the company’s repositioning efforts.
Net interest and investment income of $0.6 million in second quarter 2009 decreased $0.6 million from second quarter 2008 because of lower rates of return and lower investment balances.
The company’s second quarter 2009 effective tax rate was approximately 35%, level with second quarter 2008.
During second quarter 2009, the company generated $43.4 million of free cash flow1, compared to $19.9 million of free cash flow in second quarter 2008. The increase of $23.5 million was driven by a higher level of cash receipts in from the company’s patent licensees and a lower level of cash outlays.
Six Months Summary
The company’s first half 2009 net income totaled $17.8 million, or $0.39 per diluted share, a 35 percent increase from the company’s net income of $13.2 million, or $0.28 per diluted share, for the comparable period in 2008. This year-over-year increase was driven by revenue contributions from a new patent license agreement with Samsung signed in January 2009 as well as reduced operating expenses resulting from the company’s repositioning plan announced in first quarter 2009.
Pro forma net income for first half 2009, which excludes a $37.0 million repositioning charge, totaled $41.8 million, or $0.93 per diluted share, reflecting an increase of $28.6 million, more than three times the reported first half 2008 net income of $13.2 million, or $0.28 per diluted share.
Revenues of $145.5 million in first half 2009 grew $30.8 million, or 27 percent, compared to $114.7 million in first half 2008. Patent licensing royalties were $142.1 million in first half 2009, up from $110.1 million in first half 2008. The increase in patent licensing royalties was primarily related to a $46.4 million increase in fixed-fee amortized royalty revenue driven by the company’s patent license
 
1   Free cash flow is a supplemental non-GAAP financial measure that InterDigital believes is helpful in evaluating the company’s ability to invest in its business, make strategic acquisitions and fund share repurchases among other things. A limitation of the utility of free cash flow as a measure of financial performance is that it does not represent the total increase or decrease in the company’s cash balance for the period. InterDigital defines “free cash flow” as operating cash flow less purchases of property and equipment, technology licenses, investments in patents and unrealized (loss) gain on short-term investments. InterDigital’s computation of free cash flow might not be comparable to free cash flow reported by other companies. The presentation of this financial information, which is not prepared under any comprehensive set of accounting rules or principles, is not intended to be considered in isolation or as a substitute for the financial information prepared and presented in accordance with generally accepted accounting principles (GAAP). A detailed reconciliation of free cash flow to GAAP results is provided at the end of this press release.
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agreement with Samsung. This increase was partly offset by a $15.9 million decrease in per-unit royalty revenue relating to an overall decrease in industry handset sales.
Excluding a $37.0 million repositioning charge in 2009, pro forma operating expenses of $82.1 million in first half 2009 decreased 15 percent, or $13.9 million, from $96.0 million in first half 2008, driven primarily by a $10.1 million decrease in net litigation and arbitration expenses and a lower level of development expenses.
Net interest and investment income of $1.5 million in first half 2009 decreased $0.2 million from $1.7 million in first half 2008 due primarily to lower rates of return.
The company’s first half 2009 effective tax rate was approximately 36%. In first half 2008, the company’s effective tax rate was approximately 35%.
During first half 2009, the company generated $86.5 million of free cash flow, compared to $97.6 million of free cash flow in first half 2008. The decrease of $11.1 million, or 11 percent, was driven by a $28.5 million reduction in cash receipts from license agreements, due primarily to the aforementioned reduction in current royalty revenue and the timing of prepayments, offset by lower cash operating expenses. The higher level of cash receipts in first half 2008 was partly offset by a $23.0 million payment to post a bond for the Federal Insurance Company arbitration award.
Scott McQuilkin, Chief Financial Officer, commented, “We posted a very strong quarter, with an increase in royalty revenue combining with a decrease in our core operating expenses to drive greatly improved profitability. Our second quarter 2009 development expenses were slightly lower than our guidance, reflecting the positive impact of a Canadian research and development credit and lower than expected consulting services as we transitioned our full development efforts to our core business. Our selling, general and administrative expenses also benefited from a $1.0 million credit associated with the reversal of an allowance for an uncollectible receivable. As is our practice, we will provide an update on our expectation for third quarter 2009 revenue after we receive and review the applicable royalty reports. Nevertheless, I am pleased to note that we received our second $100.0 million installment from Samsung in July.”
Due to the repositioning announced on March 30, 2009, the company reclassified its income statement presentation to better align its operating expense classifications with its ongoing activities. The company eliminated the General and administrative and Sales and marketing classifications within operating expenses and created the Selling, general and administrative classification. All costs previously reported under General and administrative have been reclassified to Selling, general and administrative, while Sales and marketing costs have been reclassified between Selling, general and administrative and Patent administration and licensing. Additionally, the company reclassified portions of its Development costs to Patent administration and licensing.
Conference Call Information
InterDigital® will host a conference call on Wednesday, July 29, 2009 at 10:00 a.m. Eastern Time to discuss its second quarter 2009 performance and other company matters. For a live Internet webcast of the conference call, visit www.interdigital.com and click on the link to the Live Webcast on the homepage. The company encourages participants to take advantage of the Internet option.
For telephone access to the conference, call (888) 802-2225 within the U.S. or (913) 312-1254 from outside the U.S. Please call by 9:50 a.m. ET on July 29 and ask the operator for the InterDigital Financial Call.
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An Internet replay of the conference call will be available for 30 days on InterDigital’s web site in the Investor Relations section. In addition, a telephone replay will be available from 1:00 p.m. ET July 29 through 1:00 p.m. ET August 3. To access the recorded replay, call (888) 203-1112 or (719) 457-0820 and use the replay code 4896432.
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
InterDigital is a registered trademark and SlimChip is a trademark of InterDigital, Inc.
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 information regarding our current beliefs, plans and expectations, including, without limitation, with respect to: (i) the benefits to shareholders from the company’s licensing and realignment efforts and (ii) third quarter 2009 revenue guidance. Words such as “should continue to,” “will” 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 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; and (iv) 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. 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.
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SUMMARY CONSOLIDATED STATEMENTS OF INCOME
For the Periods Ended June 30
(Dollars in thousands except per share data)
(unaudited)
                                 
    For the Three Months Ended     For the Six Months Ended  
    June 30,     June 30,  
    2009     2008     2009     2008  
 
                               
REVENUES
  $ 74,928     $ 58,706     $ 145,489     $ 114,733  
 
                       
 
                               
OPERATING EXPENSES:
                               
Selling, general and administrative
    5,987       7,202       14,241       14,692  
Patent administration and licensing
    15,580       21,442       27,717       37,525  
Development
    13,226       22,223       40,096       44,966  
Repositioning
    (93 )           36,970        
Arbitration and litigation contingencies
                      (1,200 )
 
                       
 
    34,700       50,867       119,024       95,983  
 
                       
Income from operations
    40,228       7,839       26,465       18,750  
NET INTEREST & OTHER INVESTMENT INCOME
    625       1,231       1,454       1,669  
 
                       
Income before income taxes
    40,853       9,070       27,919       20,419  
INCOME TAX (PROVISION)
    (14,408 )     (3,218 )     (10,160 )     (7,250 )
 
                       
 
                               
NET INCOME
  $ 26,445     $ 5,852     $ 17,759     $ 13,169  
 
                       
NET INCOME PER COMMON SHARE — BASIC
  $ 0.60     $ 0.13     $ 0.40     $ 0.28  
 
                       
WEIGHTED AVERAGE NUMBER OF COMMON SHARES OUTSTANDING — BASIC
    43,479       45,358       43,490       45,892  
 
                       
NET INCOME PER COMMON SHARE — DILUTED
  $ 0.59     $ 0.13     $ 0.39     $ 0.28  
 
                       
WEIGHTED AVERAGE NUMBER OF COMMON SHARES OUTSTANDING — DILUTED
    44,313       46,264       44,387       46,733  
 
                       
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SUMMARY CONSOLIDATED STATEMENTS OF CASH FLOWS
(Dollars in thousands)
(unaudited)
                                 
    For the Three Months Ended     For the Six Months Ended  
    June 30,     June 30,  
    2009     2008     2009     2008  
 
                               
Income before income taxes
  $ 40,853     $ 9,070     $ 27,919     $ 20,419  
Taxes paid
    (4,000 )     (14 )     (20,500 )     (15,689 )
Depreciation, amortization, share based compensation & asset impairment
    7,181       8,216       48,667       17,328  
Increase in deferred revenue
    85,014       51,999       385,014       82,464  
Deferred revenue recognized
    (58,207 )     (28,341 )     (111,026 )     (58,625 )
(Decrease) increase in operating working capital, deferred charges and other
    (18,582 )     (9,771 )     (226,784 )     71,606  
Capital spending & patent additions
    (8,887 )     (11,247 )     (16,793 )     (19,891 )
 
                       
FREE CASH FLOW
    43,372       19,912       86,497       97,612  
 
                               
Long-term investment
          (651 )           (651 )
Tax benefit from share-based compensation
          128       652       498  
Debt decrease
    (1,125 )     (814 )     (1,463 )     (1,179 )
Repurchase of common stock
    (14,001 )     (20,475 )     (14,001 )     (36,580 )
Proceeds from exercise of stock options
    2,368       208       3,241       956  
Unrealized gain (loss) on short term investments
    126       (257 )     54       73  
 
                       
NET INCREASE (DECREASE) IN CASH AND SHORT-TERM INVESTMENTS
  $ 30,740     $ (1,949 )   $ 74,980     $ 60,729  
 
                       
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SUMMARY CONSOLIDATED BALANCE SHEET
(Dollars in thousands)
(unaudited)
                 
    June 30, 2009     December 31, 2008  
Assets
               
Cash & short-term investments
  $ 216,640     $ 141,660  
Accounts receivable, less allowance of $2,000 & $3,000
    244,510       33,892  
Current deferred tax assets
    69,297       49,002  
Other current assets
    13,068       16,467  
Property & equipment and Patents (net)
    119,989       123,782  
Long-term deferred tax assets and non-current assets (net)
    39,581       40,965  
 
           
TOTAL ASSETS
  $ 703,085     $ 405,768  
 
           
 
               
Liabilities and Shareholders’ Equity
               
Current portion of long-term debt
  $ 580     $ 1,608  
Accounts payable, accrued liabilities & taxes payable
    57,922       46,283  
Current deferred revenue
    177,296       78,646  
Long-term deferred revenue
    356,394       181,056  
Long-term debt & long-term liabilities
    12,375       10,515  
 
           
TOTAL LIABILITIES
    604,567       318,108  
 
               
SHAREHOLDERS’ EQUITY
    98,518       87,660  
 
           
 
               
TOTAL LIABILITIES & SHAREHOLDERS’ EQUITY
  $ 703,085     $ 405,768  
 
           
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PRO FORMA SUMMARY CONSOLIDATED STATEMENT OF INCOME
(Dollars in thousands except per share data)
(unaudited)
                         
    For the Six Months Ended  
    June 30, 2009
    Actual     Adjustments     Pro Forma  
 
REVENUES
  $ 145,489             $ 145,489  
 
                   
 
                       
OPERATING EXPENSES:
                       
Selling, general and administrative
    14,241               14,241  
Patent administration and licensing
    27,717               27,717  
Development
    40,096               40,096  
Repositioning
    36,970       (36,970 )      
 
                 
 
    119,024       (36,970 )     82,054  
 
                 
Income from operations
    26,465       36,970       63,435  
 
                       
NET INTEREST & OTHER INVESTMENT INCOME
    1,454             1,454  
 
                 
 
                       
Income before income taxes
    27,919       36,970       64,889  
 
                       
INCOME TAX (PROVISION)
    (10,160 )     (12,976 )     (23,136 )
 
                 
 
                       
NET INCOME
  $ 17,759     $ 23,994     $ 41,753  
 
                 
 
                       
NET INCOME PER COMMON SHARE — BASIC
  $ 0.40             $ 0.94  
 
                   
 
                       
WEIGHTED AVERAGE NUMBER OF COMMON SHARES OUTSTANDING — BASIC
    43,490               43,490  
 
                   
 
                       
NET INCOME PER COMMON SHARE — DILUTED
  $ 0.39             $ 0.93  
 
                   
 
                       
WEIGHTED AVERAGE NUMBER OF COMMON SHARES OUTSTANDING — DILUTED
    44,387               44,387  
 
                   
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This press release includes a summary cash flow statement that results in change in both the company’s cash and short-term investment balances. In the summary cash flow statement and throughout this press release, the company refers to free cash flow. The table below presents a reconciliation of this non-GAAP line item to net cash provided by operating activities, the most directly comparable GAAP financial measure.
                                 
    For the Three Months Ended     For the Six Months Ended  
    June 30,     June 30,  
    2009     2008     2009     2008  
 
Net cash provided by operating activities
  $ 52,259     $ 31,159     $ 103,290     $ 117,503  
Purchases of property, equipment, & technology licenses
    (1,399 )     (3,054 )     (2,987 )     (4,283 )
Patent additions
    (7,488 )     (8,193 )     (13,806 )     (15,608 )
 
                       
Free cash flow
  $ 43,372     $ 19,912     $ 86,497     $ 97,612  
 
                       
# # #
     
Media Contact:
Jack Indekeu
Email: jack.indekeu@interdigital.com
+1 (610) 878-7800
  Investor Contact:
Janet Point
Email: janet.point@interdigital.com
+1 (610) 878-7800