Acacia Research Reports Third Quarter 2007 Financial Results.NEWPORT BEACH Newport Beach, residential and resort city (1990 pop. 66,643), Orange co., S Calif., on Newport Bay and the Pacific Ocean; inc. 1906. It is a popular seaside resort and yachting center. Manufactures include electrical and medical equipment, computers, boats, and adhesives. , Calif. -- Acacia Research Corporation (Nasdaq:ACTG ACTG Acting ACTG AIDS Clinical Trial Group ACTG Actuating/Actuator ) today reported results for the three months ended September 30, 2007. "Acacia Research revenues for the third quarter of 2007 were $9,544,000 compared to $8,424,000 in the year ago period. Trailing 12-month revenues were $47,900,000 compared to $35,800,000 at the end of the third quarter of 2006," commented Acacia Research Corporation Chairman and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , Paul Ryan Paul Ryan may refer to:
"Acacia Research reported a third quarter GAAP GAAP See: Generally Accepted Accounting Principles GAAP See generally accepted accounting principles (GAAP). net loss from continuing operations continuing operations Parts of a business that are expected to be maintained as an ongoing segment of an overall business operation. Income and losses from continuing operations are reported separately if any segments have been discontinued during the of $4,674,000 or $0.16 per share, including non-cash charges totaling $3,555,000. Cash and cash equivalents and short-term investments were $55,414,000 as of September 30, 2007 compared to $44,998,000 as of December 31, 2006." "Acacia Research's subsidiaries entered into 27 new licensing agreements in the third quarter and generated revenues from 7 different licensing programs. We also acquired control of 7 new patent portfolios in the quarter and now control 81 patent portfolios. Acacia Research continues to build its leadership position in patent licensing and our acquisition of new patent portfolios is increasing opportunities for future revenue growth," concluded Mr. Ryan. Acacia Research Corporation Consolidated Financial Results For the Three Months Ended September 30, 2007 and 2006 Results from Continuing Operations Acacia Research Corporation reported consolidated third quarter 2007 license fee revenues of $9,544,000, compared to $8,424,000 in the third quarter of 2006. Third quarter 2007 license fee revenues included license fees from 7 of the Company's technology licensing programs, including its DMT See DSL. [R] technology, Credit Card Fraud Credit card fraud is a wide-ranging term for theft and fraud committed using a credit card or any similar payment mechanism as a fraudulent source of funds in a transaction. The purpose may be to obtain goods without paying, or to obtain unauthorized funds from an account. Protection technology, Multi-Dimensional Bar Code technology, Portable Storage Devices with Links technology, Image Resolution Enhancement technology
Resolution enhancement technology (RET) is a form of image processing technology used to manipulate dot characteristics popular among laser printer and inkjet printer , Pop-up Advertising technology and Rule-Based Monitoring technology. To date, the Company has generated revenues from 25 of its technology licensing programs. Trailing twelve-month license fee revenues were $47.9 million as of September 30, 2007, as compared to $46.8 million as of June 30, 2007, $55.3 million as of March 31, 2007, $34.8 million at December 31, 2006 and $35.8 million as of September 30, 2006. The third quarter 2007 net loss from continuing operations was $4,674,000, as compared to $1,047,000 in the third quarter of 2006. Included in third quarter 2007 results from continuing operations are non-cash charges totaling $3,555,000, comprised of non-cash stock compensation charges of $1,869,000, non-cash patent amortization charges of $1,451,000 and a non-cash impairment charge of $235,000 related to the write-off of a patent-related asset during the quarter. Third quarter 2006 results from continuing operations included non-cash charges of $2,307,000, comprised of non-cash stock compensation charges of $985,000 and non-cash patent amortization charges of $1,322,000. Third quarter 2007 marketing, general and administrative expenses increased to $5,454,000, including non-cash stock compensation charges of $1,869,000, from $3,560,000, including non-cash stock compensation charges of $985,000, in the comparable 2006 period. The net increase was due primarily to the addition of licensing, business development and engineering personnel since the end of the comparable 2006 period and an increase in other personnel costs, an increase in employee non-cash stock compensation charges related to the issuance of additional equity based incentive awards to new and existing employees, an increase in patent acquisition and business development related research and consulting costs and an increase in corporate, general and administrative costs administrative costs, n.pl the overhead expenses incurred in the operation of a dental benefits program, excluding costs of dental services provided. . The overall increase in marketing, general and administrative expenses is reflective of the continued growth and expansion of the Company's intellectual property acquisition, licensing and enforcement business and related ongoing operations. These increases were partially offset by a decrease in consulting expenses due to the expiration of the consulting agreement with the former CEO of Global Patent Holdings, LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control , in January 2007. Operating expenses Operating expenses The amount paid for asset maintenance or the cost of doing business, excluding depreciation. Earnings are distributed after operating expenses are deducted. for the third quarter of 2007 and 2006 included inventor royalties expenses of $2,672,000 and $1,837,000, respectively, and contingent legal fees expenses of $2,997,000 and $786,000, respectively. The majority of the Company's patent portfolios are subject to patent and patent rights agreements with inventors 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 This list of the world's largest law firms by revenue is taken from The Lawyer and The American Lawyer and is ordered by 2006 revenue:[1]
The third quarter 2007 increase in inventor royalties expense and contingent legal fees expense was due in part to the increase in license fee revenues recognized in the third quarter of 2007 compared to the third quarter of 2006, as discussed above, and also reflects the impact of the mix of patent portfolios with varying economic terms generating the revenues during the respective periods. A portion of third quarter 2006 revenues were comprised of license fees from patent portfolios with a lower average inventor royalty percentage and without a contingent legal fee arrangement associated with them. As a result, lower than average inventor royalties expense and no contingent legal fees expense were incurred on revenues from those specific patent portfolios, resulting in the sharply higher percentage fluctuation in inventor royalties and contingent legal fees expense from the third quarter of 2006 compared to third quarter 2007, as compared to the percentage fluctuation in license fee revenues for the same periods. Third quarter 2007 patent-related legal expenses were $2,027,000, compared to $2,354,000 in the comparable 2006 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 out-of-pocket expenses n. moneys paid directly for necessary items by a contractor, trustee, executor, administrator or any person responsible to cover expenses not detailed by agreement. 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. Patent-related legal expenses include case related costs billed by outside counsel for economic analyses and damages assessments, expert witnesses and other consultants, case related audio/video presentations for the court, and other litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. support and administrative costs. 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. Discontinued Operations Discontinued operations Divisions of a business that have been sold or written off and that no longer are maintained by the business. - Split-off of CombiMatrix Corporation In January 2006, Acacia Research Corporation's board of directors approved a plan for its then, wholly owned subsidiary Wholly Owned Subsidiary A subsidiary whose parent company owns 100% of its common stock. Notes: In other words, the parent company owns the company outright and there are no minority owners. , CombiMatrix Corporation, to become an independent public company. CombiMatrix Corporation's registration statement on Form S-1 was declared effective by the Securities and Exchange Commission on June 8, 2007. Following the redemption period required by Acacia Research Corporation's Restated Certificate of Incorporation certificate of incorporation n. some states issue a certificate to prove a corporation's existence upon the filing of Articles of Incorporation. In most states the Articles are sufficient proof. , on August 15, 2007 (the "Redemption Date Redemption date The date on which a bond matures or is redeemed. redemption date The date on which a debt security is scheduled to be redeemed by the issuer. The redemption date is the scheduled maturity date or, if applicable, a call date. "), CombiMatrix Corporation was split-off from Acacia Research Corporation through the redemption of all outstanding shares of Acacia Research-CombiMatrix common stock and the distribution of new shares of CombiMatrix Corporation common stock, on a pro-rata basis, to the holders of AR-CombiMatrix stock as of the Redemption Date (the "Split-off Transaction"). On the Redemption Date, every ten (10) shares of Acacia Research-CombiMatrix stock outstanding on August 15, 2007, was redeemed for one (1) share of common stock of CombiMatrix Corporation. Subsequent to the Redemption Date, Acacia Research Corporation no longer owns any equity interests in CombiMatrix Corporation and the two companies operate independently of each other. As a result of the consummation of the Split-off Transaction, the assets, liabilities, results of operations and cash flows of CombiMatrix Corporation have been eliminated from the continuing operations of Acacia Research Corporation and Acacia Research Corporation does not have any continuing involvement in the operations of CombiMatrix Corporation. As a result of the Split-off Transaction we have disposed of our investment in CombiMatrix Corporation, and therefore, in accordance with guidance set forth in SFAS SFAS Statement of Financial Accounting Standards SFAS Special Forces Assessment and Selection SFAS Student Financial Aid Services SFAS Sport Fishing Association of Singapore SFAS Safety Features Actuation System SFAS Statewide Fixed Assets System No. 144, "Accounting for the Impairment or Disposal of Long-Lived Assets," Acacia Research Corporation's consolidated financial information included herein reflects the assets, liabilities and results of operations of CombiMatrix Corporation as "Discontinued Operations." Consolidated financial information presented for the comparable prior year periods have been restated to conform to Verb 1. conform to - satisfy a condition or restriction; "Does this paper meet the requirements for the degree?" fit, meet coordinate - be co-ordinated; "These activities coordinate well" the current period presentation. The Split-off Transaction was accounted for by Acacia Research Corporation at historical cost, and accordingly, no gain or loss on disposal was recognized. Acacia Research Corporation received a private letter ruling from the IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws. with regard to the U.S. federal income tax consequences of the Split-off Transaction to the effect that the Split-off Transaction will be treated as a tax-free exchange tax-free exchange An exchange of assets between taxpayers in which any gain or loss is not recognized in the period during which the exchange takes place. Rather, taxpayers are required to adjust the basis of assets exchanged. under Sections 368 and 355 of the Internal Revenue Code The Internal Revenue Code is the body of law that codifies all federal tax laws, including income, estate, gift, excise, alcohol, tobacco, and employment taxes. These laws constitute title 26 of the U.S. Code (26 U.S.C.A. § 1 et seq. of 1986, as amended. Financial Condition Total assets related to continuing operations were $74,375,000 as of September 30, 2007 compared to $65,390,000 as of December 31, 2006. Cash and cash equivalents and short-term investments totaled $55,414,000 as of September 30, 2007 compared to $44,998,000 as of December 31, 2006. Business Highlights and Recent Developments Business highlights of the third quarter and recent developments include the following: (Note: Acacia Media Technologies Corporation, Acacia Patent Acquisition Corporation, Diagnostic Systems Corporation, Disc Link Corporation, Financial Systems Innovation LLC, InternetAd Systems LLC, and Vdata LLC, are all wholly owned subsidiaries of Acacia Research Corporation): [TABLE OMITTED] 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 (800) 500-0177 for domestic callers and (719) 457-2629 for international callers, both of whom will need to provide the operator with the confirmation code 3738064. 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 3738064 when prompted. The call is being webcast by CCBN CCBN Central Coast Bancorp CCBN Charles County Business Network and can be accessed at Acacia's website at www.acaciaresearch.com. ABOUT ACACIA RESEARCH CORPORATION Acacia Research's subsidiaries develop, acquire, and license patented technologies. Acacia Research's subsidiaries control 81 patent portfolios covering technologies used in a wide variety of industries including audio/video enhancement & synchronization, broadcast data retrieval, computer memory cache coherency co·her·en·cy n. pl. co·her·en·cies Coherence. Noun 1. coherency - the state of cohering or sticking together coherence, cohesion, cohesiveness , credit card fraud protection, database management, data encryption & product activation, digital media transmission (DMT[R]), digital video production, dynamic manufacturing modeling, enhanced Internet navigation, image resolution enhancement, interactive data sharing, interactive television, laptop docking station connectivity, microprocessor enhancement, multi-dimensional bar codes, resource scheduling, spreadsheet automation, and user activated Internet advertising. Information about Acacia Research is available at www.acaciatechnologies.com and www.acaciaresearch.com. Safe Harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. Statement under the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and 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 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. Our Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. , recent and forthcoming Quarterly Reports on Form 10-Q Form 10-Q See 10-Q. , recent Current Reports on Forms 8-K and 8-K/A, and other SEC filings 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. [TABLE OMITTED] [TABLE OMITTED] |
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