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Acacia Research Reports Third Quarter 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 acacia (əkā`shə), any plant of the large leguminous genus Acacia, often thorny shrubs and trees of the family Leguminosae (pulse family).  Research Corporation (Nasdaq:ACTG ACTG Acting
ACTG AIDS Clinical Trial Group
ACTG Actuating/Actuator
) (Nasdaq:CBMX) today reported results for the three months ended September 30, 2006. Acacia Research Corporation comprises two operating groups, the Acacia Technologies
''Acacia Technologies was also the name of division within Computer Associates that effectively closed down in 2002 when its assets were sold to SSA Global Technologies.
 group and the CombiMatrix group.

"Acacia Technologies' revenues for the third quarter increased to $8,424,000 compared to $6,783,000 in the year ago period. Trailing 12-month revenues increased to $35,758,000 compared to $12,107,000 as of the end of the third quarter of 2005. Acacia Technologies reported a GAAP GAAP

See: Generally Accepted Accounting Principles


GAAP

See generally accepted accounting principles (GAAP).
 net loss of $1,049,000 or $0.04 per share, including non-cash patent amortization and non-cash stock compensation charges totaling $2,307,000. Cash and short-term investments increased by $5,256,000 from the previous quarter to $45,971,000. We continue to expect significant growth in 2006 annual revenues compared to 2005," commented Acacia 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:
  • Paul Ryan (ATWT), character from As The World Turns
  • Paul Ryan (comic artist) (1949–)
  • Paul Ryan (guitarist)
  • Paul Ryan (politician) (1970–)
  • Paul Ryan (singer) (1948–1992)
.

"New licensing agreements in the third quarter included licenses of our Resource Scheduling technology to GE Healthcare GE Healthcare is a $18 billion (USD) unit of General Electric (GE). It employs more than 46,000 people worldwide and is headquartered in Chalfont St. Giles, Buckinghamshire, United Kingdom. GE Healthcare is the first GE business segment headquartered outside the United States.  and 3M, our Multi-Dimensional Bar Code technology to Allstate, Emdeon (formerly WebMD), and Texas Instruments See TI.

(company) Texas Instruments - (TI) A US electronics company.

A TI engineer, Jack Kilby invented the integrated circuit in 1958. Three TI employees left the company in 1982 to start Compaq.
, our Audio/Video Enhancement & Synchronization (1) See synchronous and synchronous transmission.

(2) Ensuring that two sets of data are always the same. See data synchronization.

(3) Keeping time-of-day clocks in two devices set to the same time. See NTP.
 and Image Resolution technology to Sanyo, and our Interstitial In a separate window. See interstitial ad.

(World-Wide Web) interstitial - A World-Wide Web page that appears before the expected content page. Interstitials can be used for advertising (intermercial, transition ad) or to confirm that the user is old enough to view the
 Internet Advertising Delivering ads to Internet users via Web sites, e-mail, ad-supported software and Internet-enabled cellphones. Also called an "ad network," Internet advertising organizations act as a middleman between the advertiser and the Web sites and software publishers that display the ads.  technology to Datalex."

"We continue to build our leadership position in technology licensing. Our licensing success is increasing opportunities for partnering with owners of patented technologies. We acquired control of 4 new patent portfolios in the third quarter and now control 52 patent portfolios," concluded Mr. Ryan.

"The CombiMatrix group recognized revenues of $1,844,000 for the third quarter of 2006. This represented total revenue growth of 26% over the year ago quarter and revenue growth of 3% over the second quarter of 2006," commented Amit Kumar, CEO and President of CombiMatrix Corporation.

"Third quarter revenues for our subsidiary, CombiMatrix Molecular Diagnostics, more than doubled from the previous quarter to $153,000. With the launch in September of our first array based diagnostic service, we are executing our plan to become the premier array based diagnostic service laboratory," concluded Dr. Kumar.

Acacia Research Corporation Consolidated Financial Results

For the Three Months Ended September 30, 2006 and 2005

Consolidated revenues for the third quarter of 2006 were $10,268,000 versus $8,246,000 in the comparable 2005 period. Third quarter 2006 revenues recognized by the Acacia Technologies group were $8,424,000 versus $6,783,000 in the comparable 2005 period. Third quarter 2006 revenues recognized by the CombiMatrix group were $1,844,000 versus $1,463,000 in the comparable 2005 period.

The third quarter 2006 consolidated net loss was $5,376,000 versus $5,441,000 in the comparable 2005 period. The third quarter 2006 net loss was comprised of a net loss for the Acacia Technologies group of $1,049,000 versus $1,558,000 in the comparable 2005 period, and a net loss for the CombiMatrix group of $4,327,000 versus $3,883,000 in the comparable 2005 period.

The third quarter 2006 consolidated results included non-cash patent amortization, stock compensation and depreciation charges totaling $3,405,000 versus $1,990,000 in the comparable 2005 period. The increase in non-cash charges primarily reflects Acacia Research Corporation's adoption of 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. 123 (revised 2004), "Share-Based Payments," ("SFAS No. 123R"), effective January 1, 2006, which requires public companies to measure all employee stock-based compensation awards using a fair-value method and record such expense in their consolidated financial statements Consolidated Financial Statements

The combined financial statements of a parent company and its subsidiaries.

Notes:
Because consolidated financial statements present an aggregated look at the financial position of a parent and its subsidiaries, they enable you to gauge
. Consolidated stock compensation expense for the third quarter of 2006 totaled $1,573,000 ($311,000 included in research and development expense and $1,262,000 included in marketing, general and administrative expense).

Third quarter 2006 consolidated results also included a non-cash gain of $913,000 versus $163,000 in the comparable 2005 period, related to the adjustment of the CombiMatrix group's long-term warrant liability to fair value as of September 30, 2006.

Third quarter 2006 government contract costs totaled $684,000 versus $920,000 in the comparable 2005 period. The decrease was due to a higher level of activity under the CombiMatrix group's biological threat detection contract with the Department of Defense during the third quarter of 2005. Third quarter 2006 internal research and development expenses were $2,819,000 (including non-cash stock compensation charges of $311,000) versus $1,527,000 in the comparable 2005 period. The increase in internal research and development expenses was due to increased activity in the area of high-density array development as well as to the impact of the CombiMatrix group's 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 Molecular Diagnostics, which was formed and began research and development activities in the second quarter of 2005.

Marketing, general and administrative expenses for the third quarter of 2006, including non-cash stock compensation charges, were $6,315,000 versus $4,918,000 in the comparable 2005 period. Third quarter 2006 marketing, general and administrative expense included $1,262,000 in non-cash stock compensation expense versus $88,000 in the comparable 2005 period. Excluding the impact of the adoption of SFAS No. 123R, the net increase was due primarily to the addition of licensing, business development and engineering personnel for the Acacia Technologies group, an increase in the Acacia Technologies group's patent-related research and consulting expenses for new and ongoing licensing programs, 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.
 related to the Acacia Technologies group's ongoing operations. The change also reflects a decrease in CombiMatrix group sales Group sales

Block sale (of large amounts) of securities to institutional investors.


group sales

The distribution of a new security issue to institutional clients.
 and marketing expenses as well as a reduction in general and administrative expenses as a result of the deconsolidation of CombiMatrix KK in January 2006.

Acacia Technologies group 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 2006 and 2005 included inventor royalties expenses of $1,837,000 and $2,105,000, respectively, and contingent legal fees expenses of $786,000 and $1,834,000, respectively. The majority of the Acacia Technologies group'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]
  1. Clifford Chance, £1,030.2m – International law firm (headquartered in the UK);
  2. Linklaters, £935.
 engaged on a contingent fee Payment to an attorney for legal services that depends, or is contingent, upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered—such as 25 percent if the matter is settled, or 30 percent if it proceeds to trial.  basis. The economic terms of the inventor and contingent arrangements, if any, vary across the Acacia Technologies group's 52 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 Acacia Technologies group's third quarter 2006 patent-related legal expenses were $2,354,000 versus $1,076,000 in the comparable 2005 period. 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 the Acacia Technologies group's current and future patent commercialization and enforcement programs.

Financial Condition

Total consolidated assets were $107,995,000 as of September 30, 2006 compared to $121,434,000 as of December 31, 2005. Cash and cash equivalents and short-term investments on a consolidated basis totaled $54,302,000 as of September 30, 2006 compared to $59,173,000 as of December 31, 2005.

Acacia Technologies Group Financial Results

(A Division of Acacia Research Corporation)

For the Three Months Ended September 30, 2006 and 2005

Third quarter 2006 license fee revenues recognized by the Acacia Technologies group were $8,424,000 versus $6,783,000 in the comparable 2005 period. Third quarter 2006 revenues included license fees from 10 new licensing agreements covering 7 of our technology licensing programs. Third quarter 2006 license fee revenues included fees from the licensing of our DMT See DSL. [R] technology, Audio/Video Enhancement and Synchronization technology, Image Resolution Enhancement technology
Ret is also the abbreviation for the constellation Reticulum.


Resolution enhancement technology (RET) is a form of image processing technology used to manipulate dot characteristics popular among laser printer and inkjet printer
, Interstitial Internet Advertising technology, Laptop Connectivity technology, Multi-Dimensional Bar Code technology, and Resource Scheduling technology. To date, the Acacia Technologies group has generated revenues from 18 of its technology licensing programs.

The Acacia Technologies group reported a third quarter 2006 division net loss of $1,049,000 versus $1,558,000 in the comparable 2005 period. Included in third quarter 2006 divisional results are non-cash stock compensation charges and non-cash patent amortization charges totaling $2,307,000 versus $1,457,000 in the comparable 2005 period. Third quarter 2006 non-cash stock compensation charges were $985,000 versus $123,000 in the comparable 2005 period. The increase reflects the adoption of SFAS No. 123R, effective January 1, 2006, which requires public companies to measure all employee stock-based compensation awards using a fair-value method and record such expense in their financial statements, as described earlier.

Third quarter 2006 marketing, general and administrative expenses increased to $3,562,000 (including non-cash stock compensation charges of $985,000 related to the adoption of SFAS No. 123R, as described earlier) from $2,113,000 (including non-cash stock compensation charges of $123,000) in the comparable 2005 period. Excluding the impact of the adoption of SFAS No. 123R, the net increase was due primarily to the addition of licensing, business development and engineering personnel, an increase in the Acacia Technologies group's patent-related research and consulting expenses related to new and ongoing licensing programs, and an increase in corporate, general and administrative costs related to the Acacia Technologies group's ongoing operations.

Acacia Technologies group operating expenses for the third quarter of 2006 and 2005 included inventor royalties expenses of $1,837,000 and $2,105,000, respectively, and contingent legal fees expenses of $786,000 and $1,834,000, respectively. The majority of the Acacia Technologies group'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 engaged on a contingent fee basis. The economic terms of the inventor and contingent arrangements, if any, vary across the Acacia Technologies group's 52 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.

Third quarter 2006 patent-related legal expenses were $2,354,000 versus $1,076,000 in the comparable 2005 period. Patent-related legal expenses included patent-related prosecution and enforcement costs, incurred by outside patent attorneys 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 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 the Acacia Technologies group's current and future patent commercialization and enforcement programs.

Financial Condition

Total assets for the Acacia Technologies group were $68,995,000 as of September 30, 2006 compared to $68,893,000 as of December 31, 2005. Cash and cash equivalents and short-term investments totaled $45,971,000 as of September 30, 2006 compared to $38,960,000 as of December 31, 2005.

CombiMatrix Group Financial Results

(A Division of Acacia Research Corporation)

For the Three Months Ended September 30, 2006 and 2005

Revenues for the third quarter of 2006 were $1,844,000 versus $1,463,000 in the comparable 2005 period. Third quarter 2006 revenues were comprised of $725,000 in government contact revenues and $1,119,000 in CustomArray(TM) product, equipment and service revenues, including $153,000 of array revenue from our diagnostics subsidiary, CombiMatrix Molecular Diagnostics. Third quarter 2005 revenues were comprised of $973,000 of government contract revenues and $490,000 of CustomArray(TM) product and service revenues.

The third quarter 2006 division net loss was $4,327,000 versus $3,883,000 in the comparable 2005 period. The third quarter 2006 results included non-cash stock compensation, patent amortization and depreciation charges totaling $1,079,000 versus $516,000 in the comparable 2005 period. The increase in non-cash charges primarily reflects the adoption of SFAS No. 123R, effective January 1, 2006, which requires public companies to measure all employee stock-based compensation awards using a fair-value method and record such expense in their consolidated financial statements, as discussed earlier. Third quarter non-cash stock compensation charges included in research and development expense and marketing, general and administrative expense totaled $311,000 and $277,000, respectively. The third quarter 2006 results also included a non-cash gain of $913,000 related to the adjustment of the CombiMatrix group's long-term warrant liability to fair value as of September 30, 2006, compared to $163,000 for the comparable 2005 period.

Third quarter 2006 government contract costs totaled $684,000 versus $920,000 in the comparable 2005 period. The decrease was due to a higher level of activity under our biological threat detection contract with the Department of Defense during the third quarter of 2005. Third quarter 2006 internal research and development expenses were $2,819,000 (including non-cash stock compensation charges of $311,000) versus $1,527,000 in the comparable 2005 period. The increase in internal research and development expenses was due to increased activity in the area of high-density array development as well as to the impact of the CombiMatrix group's wholly owned subsidiary, CombiMatrix Molecular Diagnostics, which was formed and began research and development activities in the second quarter of 2005.

Third quarter 2006 marketing, general and administrative expenses decreased to $2,753,000 (including non-cash stock compensation charges of $277,000) from $2,805,000 in the comparable 2005 period. Excluding the impact of the adoption of SFAS No. 123R, the decrease was due primarily to a decrease in sales and marketing expenses as well as a decrease related to the deconsolidation of the CombiMatrix KK, which occurred during the first quarter of 2006.

Financial Condition

Total assets for the CombiMatrix group were $39,000,000 as of September 30, 2006 compared to $52,541,000 as of December 31, 2005. Cash and cash equivalents and short-term investments totaled $8,331,000 as of September 30, 2006 compared to $20,213,000 as of December 31, 2005.

In June 2006, Acacia Research Corporation executed a standby equity distribution agreement In Finance, SEDA stands for a Standby Equity Distribution Agreement. This is an agreement whereby a small publicly-traded company arranges to raise additional capital by selling new stock without making a formal Secondary Market Offering to the market.  for up to $50 million in common stock equity financing Equity Financing

The act of raising money for company activities by selling common or preferred stock to individual or institutional investors. In return for the money paid, shareholders receive ownership interests in the corporation.
 from Cornell Capital Partners, LP ("Cornell") for the CombiMatrix group. Subject to the terms and conditions of the agreement between Acacia Research Corporation and Cornell, over the next 24 months, Acacia may sell up to 13,024,924 registered shares of its AR-CombiMatrix common stock at its discretion to Cornell less a 2.5% discount from the market price and associated fees ranging from 4-5%. The shares of common stock are being offered pursuant to an effective registration statement filed with the SEC on April 25, 2006. A fee was paid to Cornell in the amount of $550,000, upon closing of the agreement. During the third quarter of 2006, Acacia Research Corporation received $2,207,000 in net proceeds Net Proceeds

The amount received after all costs are deducted from the sale of a piece of property or security.

Notes:
In the case of an investor selling a security, net proceeds represent the proceeds from the sale minus any trading costs (i.e. commissions).
 from the sale of 2,019,646 shares of AR-CombiMatrix common stock to Cornell. The net proceeds and applicable fees and expenses were allocated to the CombiMatrix group.

Due to the recent decline in the market value of AR-CombiMatrix stock, which began trading below $1.00 per share in late September 2006, and due to the limitation of the number of shares of AR-CombiMatrix stock available on the SEDA SEDA Staff and Educational Development Association
SEDA Sustainable Energy Development Authority (Australia)
SEDA Social and Economic Data Analysis
SEDA Special Ed Assistant
SEDA South East Drift Association
, the CombiMatrix group will likely be required to seek other sources of financing including the issuance of securities in order to maintain its operations for the next twelve months. However, such additional financing options may not be available at times and at terms acceptable to the CombiMatrix group, in which case it may be necessary to reduce its operating costs operating costs nplgastos mpl operacionales  including research projects and personnel, which could jeopardize the future strategic initiatives and business plans of the CombiMatrix group.

Business Highlights and Recent Developments

Business highlights of the third quarter and recent developments include:

Acacia Technologies group:

* Certain of the Acacia Technologies group's wholly owned subsidiaries entered into license agreements with companies covering patents that apply to our Audio/Video Enhancement and Synchronization, and Image Resolution Enhancement technologies Resolution enhancement technologies are methods used to modify photomasks for integrated circuits (ICs) to compensate for limitations in the lithographic processes used to manufacture the chips.  as follows:
        --  New Medium Technologies, LLC, IP Innovation, LLC and AV
            Technologies, LLC entered into a license and settlement
            agreement with Sanyo Electric Co., Ltd. The agreement with
            Sanyo Electric resolves a patent infringement lawsuit
            which was pending in the United States District Court for
            the Northern District of Illinois Eastern Division.

        --  In October 2006, IP Innovation, LLC entered into a
            settlement and license agreement with Funai Electric Co.,
            Ltd.

        The Audio/Video Enhancement and Synchronization technologies
        generally relate to the use of a noise reduction filtering
        system for digital video compression, and for video and audio
        signals received by digital radios and video displays. Other
        aspects of the technologies apply to the synchronization of
        audio/video signals. The Image Resolution Enhancement
        technology generally relates to the modification of a video or
        printed display to improve the perceived image quality beyond
        the basic pixel resolution of the display.


* InternetAd Systems, LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
, a wholly owned subsidiary that is part of the Acacia Technologies group, entered into a license agreement with Datalex (Ireland) Ltd., covering a patent that applies to interstitial Internet advertising. Datalex is a leading provider of e-Business solutions for the global travel industry and is a publicly-traded company on the Irish stock exchange The Irish Stock Exchange (ISE) (Irish: Stocmhalartán na hÉireann) is Ireland's stock exchange, formed through the merger of the Cork and Dublin exchanges, both of which have existed as far back as 1793. .
        The interstitial Internet advertising technology generally
        relates to the display of certain advertising, informational,
        and branding messages that appear between or outside the web
        pages when the user is conducting a search.


* VData, LLC, a wholly owned subsidiary that is part of the Acacia Technologies group, entered into license agreements with the following companies covering a portfolio of patents that apply to certain multi-dimensional bar codes:
        --  Allstate Insurance Company. The agreement settles a
            lawsuit that was filed in the District of Minnesota
            concerning Allstate Insurance Company and American
            Heritage Life Insurance Company.

        --  Emdeon Corporation (formerly WebMD)

        --  Texas Instruments, Incorporated

        --  In October 2006, entered into a license agreement with
            Dell Inc.

        The multi-dimensional bar code technology generally relates to
        encoding and reading a data matrix consisting of an array of
        data cells with a border. The data matrix can contain a
        variety, amount, and depth of information that would not fit
        onto an ordinary bar code. This patented technology can have
        many applications in the manufacturing, distribution,
        accounting, and security industries such as tracking the
        movement of products, collection of data, improved production
        capabilities, and anti-counterfeiting.


* Resource Scheduling Corporation, a wholly owned subsidiary that is part of the Acacia Technologies group, entered into license agreements with the following companies, covering a patent that applies to systems for scheduling and managing resources.
        --  General Electric Company, acting through its GE Healthcare
            business

        --  3M Company

        --  Infor Global Solutions

        The Resource Scheduling technology generally relates to
        methods and software application tools for scheduling and
        managing resources used in manufacturing facilities, hospital
        facilities, fleet delivery organizations, and other
        resource-dependent markets. These resource scheduling tools
        are often integrated as part of an Enterprise Resource
        Planning (ERP) solution used to manage a company's complete
        operations.


* Acacia Patent Acquisition Corporation, a wholly owned subsidiary that is part of the Acacia Technologies group, continued its patent and patent rights acquisition activities as follows:
        --  In August 2006, acquired rights to a patent relating to
            systems used in the remote control and monitoring of fluid
            flow, both gas and liquid. This technology can be used in
            heating/ventilation/air conditioning (HVAC), plumbing and
            other industrial, commercial and residential fluid flow
            systems.

        --  In September 2006, acquired rights to a patent relating to
            web personalization. One use of the patented technology is
            in making personalized recommendations to consumers for
            ecommerce purchases. The patent generally relates to
            technology for learning user preferences and automatically
            personalizing a user's online experience. The technology
            is applicable to web sites that use categories plus
            attributes to identify items, and where individual
            attributes apply to multiple categories.

        --  In September 2006, acquired rights to patents relating to
            vehicle magnetic braking and induction motors. These
            patents generally relate to technology for smooth,
            reliable braking and acceleration of vehicles on parallel
            rails.

        --  In September 2006, acquired rights to a patent portfolio
            relating to imaging technology that aids medical personnel
            in the examination of patients. This technology can be
            used in stabilizing medical images for interventional
            procedures such as cardiac catheters and stents, and for
            diagnostic procedures such as visualization of arterial
            lesions.

        --  In October 2006, acquired rights to patents relating to
            wireless traffic information technology from TrafficGauge,
            Inc., www.trafficgauge.com. This patented technology
            generally relates to transmitting, receiving and
            displaying traffic information on portable handheld and
            mobile displays. It covers a variety of wireless
            distribution methods, such as FM radio and satellite, as
            well as the devices used to display the traffic maps. This
            technology enables users to identify traffic congestion
            and can be used with in-vehicle navigation displays and
            portable handheld units such as cell phones and PDA's.


* In July 2006, the Acacia Technologies group expanded its business development and engineering teams with the addition of three new vice presidents.
        --  Joseph Lee, Vice President, Business Development. Mr. Lee
            joins Acacia from Conexant Systems where he was Chief
            Intellectual Property Counsel. Prior to Conexant, Mr. Lee
            was Division IP Counsel for Gateway, Inc.'s Enterprise
            Division, and IP Counsel for Callaway Golf Company. He
            also practiced law at the IP law firm of Lyon & Lyon. Mr.
            Lee is a registered patent attorney and holds a B.S.
            degree in Electrical Engineering from the University of
            Southern California, and J.D. degree from the University
            of California Berkeley Boalt Hall School of Law.

        --  Jacob Hawley, Vice President, Engineering. Mr. Hawley
            joins Acacia from Microsoft Corporation where he held the
            position of Architect. Prior to Microsoft he was CEO of
            TKO Software, Inc.; Vice President of Engineering at ASML,
            a leader in the manufacture of advanced technology for the
            semiconductor industry; Vice President of Engineering of
            Embedded Solutions; and Director of Engineering at
            Creative Labs.

        --  Marc Booth, Vice President, Engineering. Mr. Booth joins
            Acacia from Nicholas Laboratories, a privately held
            technology company owned by ex-Broadcom CEO, Dr. Henry
            Nicholas, III, where he was the Director of Systems
            Engineering. Previously Mr. Booth was Vice President of
            Engineering of In The Air Net; Senior Director Engineering
            of Powerwave Technologies; Vice President of Engineering
            and CTO of Comarco Wireless Technologies; and Vice
            President of Engineering, Sony Corporation. Mr. Booth
            holds a B.S. Physics, from the University of California
            Riverside and a MSEE degree from the University of
            Southern California.


* Since the last report to stockholders on July 20, 2006, companies that are part of the Acacia Technologies group dismissed lawsuits against three companies in connection with our User Activated Internet Advertising and Multi-Dimensional Barcode technologies. In addition, we became involved in lawsuits with 17 companies in connection with our Audio/Video Enhancement and Synchronization, High Resolution Optics, User Activated Internet Advertising, Micromesh, Multi-Dimension Bar Code, Product Activation Product activation is a license validation procedure required by some proprietary computer software programs. Specifically, product activation refers to a method where a software application hashes hardware serial numbers and an ID number specific to the product's license (a , Peer to Peer Communications and 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.  Control technologies. We currently have 33 ongoing lawsuits involving 107 companies.

CombiMatrix group:

* On July 13, 2006, the CombiMatrix group, working in partnership with Furuno Electric Co., Ltd. of Japan, announced the launch of its new QuadroCAS(TM) CustomArray(TM) Synthesizer synthesizer

Machine that electronically generates and modifies sounds, frequently with the use of a digital computer, for use in the composition of electronic music and in live performance.
. Jointly designed and developed by the two companies, this new instrument integrates CombiMatrix's proprietary electrochemical electrochemical /elec·tro·chem·i·cal/ (-kem´i-k'l) pertaining to interaction or interconversion of chemical and electrical energies.

e·lec·tro·chem·i·cal
adj.
 in situ In place. When something is "in situ," it is in its original location.  oligonucleotide synthesis Oligonucleotide synthesis is the non-biological, chemical synthesis of defined short sequences of nucleic acids. It is extremely useful in laboratory procedures covering a wide range of molecular biology applications.  technology into a compact, stand-alone design. Manufactured by Furuno at their instrument production facility in Japan, the QuadroCAS Synthesizer combines convenient and reliable reagent reagent /re·a·gent/ (re-a´jent) a substance used to produce a chemical reaction so as to detect, measure, produce, etc., other substances.

re·a·gent
n.
 handling hardware with state of the art Furuno instrument control and signal processing See DSP.  electronics to deliver a full-featured, small footprint instrument for CustomArray production applications. Designed and tested to meet appropriate safety certification standards, the QuadroCAS Synthesizer will bear the CE ("European Conformity") and TUV (Technischer Überwachungs-Verein) Literally "Technical Watch-Over Association." A German certifying body involved with product safety for the European community.  markings (i.e., tested by TUV to meet the minimum requirements of prescribed product safety standards Safety standards are standards designed to ensure the safety of products, activities or processes, etc. They may be advisory or compulsory and are normally laid down by an advisory or regulatory body that may be either voluntary or statutory. ) and is suitable for worldwide distribution. Using this instrument, researchers around the world will be able to rapidly produce custom DNA microarrays to their exact specifications with complete control over the content.

* On July 24, 2006, the CombiMatrix group announced that Dr. Shelly Gunn, M.D., Ph.D. had joined CombiMatrix Molecular Diagnostics (CMDX) as its Medical Director. Dr. Gunn earned her B.A. and Masters degrees from Trinity University Trinity University may refer to:
  • Trinity College Dublin, University of Dublin, Ireland
  • Trinity University (Texas), San Antonio, Texas, US
  • Trinity University of Asia, formerly known as Trinity College of Quezon City, Quezon City, Philippines
, and a Ph.D. in genetics from the University of Texas Health Science Center at San Antonio UTHSCSA is the largest comprehensive health sciences university in South Texas. Located in the South Texas Medical Center, it serves San Antonio and all of the 50,000 square mile (130,000 km²) area of central and south Texas.  (UTHSCSA UTHSCSA University of Texas Health Science Center at San Antonio ) Graduate School of Biomedical Sciences Graduate School of Biomedical Sciences may refer to:
  • Texas A&M University Graduate School of Biomedical Sciences in College Station, Texas
  • University of Medicine and Dentistry of New Jersey Graduate School of Biomedical Sciences in Newark, New Jersey
. Her doctoral work focused on the detection of cryptic chromosomal abnormalities in pediatric patients with normal cytogenetics cytogenetics /cy·to·ge·net·ics/ (-je-net´iks) the branch of genetics devoted to cellular constituents concerned in heredity, i.e. chromosomes.  and central nervous system dysmyelination. She has published papers and abstracts related to array-based comparative genomic hybridization hybridization /hy·brid·iza·tion/ (hi?brid-i-za´shun)
1. crossbreeding; the act or process of producing hybrids.

2. molecular hybridization

3.
 (array CGH CGH Comparative Genomic Hybridization
CGH Changi General Hospital (Singapore)
CGH Computer-Generated Hologram
CGH Community General Hospital (Syracuse, NY) 
) and has been a featured speaker at various scientific meetings and symposia sym·po·si·a  
n.
A plural of symposium.
. Her current translational research interest is the development of array CGH-based clinical assays for scanning tumor genomes in hematological malignancies.

* On July 25, 2006, the CombiMatrix group announced that it had received a letter from the Office of In Vitro in vitro /in vi·tro/ (in ve´tro) [L.] within a glass; observable in a test tube; in an artificial environment.

in vi·tro
adj.
In an artificial environment outside a living organism.
 Diagnostic Device Evaluation and Safety (OIVD OIVD Office of In Vitro Diagnostic Device Evaluation & Safety (US FDA) ) of the US Food and Drug Administration (FDA FDA
abbr.
Food and Drug Administration


FDA,
n.pr See Food and Drug Administration.

FDA,
n.pr the abbreviation for the Food and Drug Administration.
). The letter invited the company to meet with the OIVD to discuss CMDX's plans to market its Constitutional Genetic Array Test (CGAT CGAT Canadian Genome Analysis and Technology
CGAT Coast Guard Acceptance Team
).The company met with OIVD on September 14, 2006. On October 16, 2006 we received a letter from OIVD indicating that the CGAT test need not be regulated as an In Vitro Diagnostic Multivariate Index Assay, under its recently published guidelines.

* On July 28, 2006, the CombiMatrix group announced that John H. Abeles, M.D. had joined the Scientific Advisory Board of CombiMatrix Corporation. Dr. Abeles practiced medicine in London, before joining the Pharmaceutical Industry as a Senior Medical Executive, with Pfizer, Inc., Sterling Drug, and Revlon Health Care. From 1975 until1980, he was a healthcare analyst with Kidder Peabody and later formed MedVest Inc., a healthcare consulting firm Noun 1. consulting firm - a firm of experts providing professional advice to an organization for a fee
consulting company

business firm, firm, house - the members of a business organization that owns or operates one or more establishments; "he worked for a
. Since 1992, Dr. Abeles has been a Founder and investor in several investment funds Noun 1. investment funds - money that is invested with an expectation of profit
investment

assets - anything of material value or usefulness that is owned by a person or company
 for both venture capital and public equities, whose investments were centered around healthcare and medical equipment companies. He also presently serves as a Managing Member of a New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 based investment fund focused on healthcare investments.

* On August 2, 2006, the CombiMatrix group announced that it had updated the Species-Specific miRNA product line to version 8.1 of the miRBase Sequence Database published by the Sanger Institute The Wellcome Trust Sanger Institute (formerly the Sanger Centre) is a genome research centre in Cambridgeshire, England. It was set up in 1992 by the Wellcome Trust and the Medical Research Council, the purpose of which is stated on their website ([1] as "to further our . The Species-Specific miRNA line includes human, mouse, rat, arabidopsis, c. elegans C. elegans  

A nematode (Caenorhabditis elegans) that lives in soil, feeds on bacteria, and reaches lengths of about 1 mm (0.04 inch). It was the first animal whose genome was completely sequenced, and is widely used as a "model organism" by
, fruit fly, and maize microarrays. CombiMatrix's miRNAarrays start at $99 per microarray and are re-usable multiple times.

* On August 7, 2006, the CombiMatrix group announced that it had signed a non-exclusive agreement with the Australian Genome Research Genome Research is the title of a peer-reviewed scientific journal published by Cold Spring Harbor Laboratory Press. The focus of the journal is on genome-wide studies in any organism, including single gene studies that are placed in a genomic context.  Facility (AGRF AGRF Advanced Guidance Research Facility
AGRF Artificial Gravity Research Facility
) under the company's CombiCore(TM) access program. Under the terms of the agreement, all AGRF researchers can purchase CombiMatrix CustomArrays(TM) and CatalogArrays(TM), including arrayprocessing services performed at the AGRF.

* On August 14, 2006, the CombiMatrix group announced that it had begun work on a two-year, $1.9 million contract with the Army Research Office. Funding from this contract focuses on the integration of the CombiMatrix group's microarray and lab-on-a-chip technology for military and homeland security Noun 1. Homeland Security - the federal department that administers all matters relating to homeland security
Department of Homeland Security

executive department - a federal department in the executive branch of the government of the United States
 applications.

* On August 24, 2006, the CombiMatrix group announced that it was making available an updated version of its Influenza A influenza A
n.
Influenza caused by infection with a strain of influenza virus type A.


influenza A Infectious disease An avian virus, especially of ducks–which in China live near the pig reservoir and 'vector';
 Array. Incorporated into version 3.0 are the new sequences that have been released by the US Centers for Disease Control and Prevention Centers for Disease Control and Prevention (CDC), agency of the U.S. Public Health Service since 1973, with headquarters in Atlanta; it was established in 1946 as the Communicable Disease Center.  (CDC See Control Data, century date change and Back Orifice.

CDC - Control Data Corporation
), which include the strains from the recent infections and deaths inIndonesia.

* On September 5, 2006, the CombiMatrix group announced that its subsidiary, CMDX had commercially launched its first molecular diagnostic service. Physicians are now able to prescribe this test for their patients. This first offering utilizes CMDX's Constitutional Genetic Array Test, which can genetically identify over 50 commongenetic disorders in one test. This array is already being sold in Europe, and is now being offered as a service in the US, after internal clinical validation.

* On September 19, 2006, the CombiMatrix group announced that it had signed a non-exclusive agreement with Genome Explorations of Memphis, Tennessee For the ancient Egyptian capital, see .

Memphis is a city in the southwest corner of Tennessee, and the county seat of Shelby County. Memphis rises above the Mississippi River on the 4th Chickasaw Bluff just below the mouth of the Wolf River.
, under the company's CombiCore(TM) access program. Under the terms of the agreement, Genome Explorations is certified as an authorized service provider An Authorized Service Provider (ASP) is a third party person that has been cleared to work on a product that is still under warranty by another company without voiding the warranty.  for CombiMatrix CustomArray(TM) and CatalogArray(TM) products. Customers of Genome Explorations can now purchase CombiMatrix CustomArray and CatalogArray products through Genome Explorations for services to be rendered by Genome Explorations.

* On October 9, 2006, the CombiMatrix group announced that the 2007 Defense Appropriations Bill signed into law by President Bush includes two new allocations of $1.0M each for the CombiMatrix group. This funding will support efforts by CombiMatrix to continue the development and deployment of its microarray technologies for the detection of biological-threat agents and infectious pathogens such as the highly pathogenic Eurasian Influenza A Virus (H5N1).

A conference call is scheduled for today. The Acacia Technologies Group presentation and Q&A will start at 1:30 p.m. Pacific Time (4:30 p.m. Eastern). The CombiMatrix Group presentation and Q&A session will start at 2:15 p.m. Pacific Time (5:15 p.m. Eastern).

To listen to the presentation by phone, dial (877) 502-9276 for domestic callers and (913) 981-5591 for international callers, both of whom will need to provide the operator with the confirmation code 4409291. 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 4409291 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 Corporation comprises two operating groups, Acacia Technologies group and CombiMatrix group.

The Acacia Technologies group develops, acquires, and licenses patented technologies. Acacia controls 52 patent portfolios, which include U.S. patents and certain foreign counterparts, covering technologies used in a wide variety of industries including audio/video enhancement & synchronization, broadcast data retrieval, computer memory cache See 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 data encryption, the process of scrambling stored or transmitted information so that it is unintelligible until it is unscrambled by the intended recipient. Historically, data encryption has been used primarily to protect diplomatic and military secrets from foreign  & product activation, digital media transmission (DMT[R]), digital video production, dynamic manufacturing modeling, enhanced Internet navigation, hearing aid ECS See eComStation. , image resolution enhancement, interactive data sharing The ability to share the same data resource with multiple applications or users. It implies that the data are stored in one or more servers in the network and that there is some software locking mechanism that prevents the same set of data from being changed by two people at the same time. , interactive television, laptop docking station (1) A cradle for a portable device that serves to charge the unit and connect it to other sources or destinations. For example, an iPod docking station charges the iPod and connects it to a computer, speakers or TV set.  connectivity, microprocessor enhancement, multi-dimensional bar codes, network data storage, resource scheduling, rotational video imaging, spreadsheet automation, user activated Internet advertising and web conferencing A videoconferencing session via the Internet. In order to interact with other participants, attendees use either a Web application or an application downloaded into their client machines.  & collaboration software See collaborative software. .

The CombiMatrix group is developing a platform technology to rapidly produce customizable arrays, which are semiconductor-based tools for use in identifying and determining the roles of genes, gene mutations and proteins. The CombiMatrix's group's technology has a wide range of potential applications in the areas of genomics, proteomics, biosensors, drug discovery, drug development, diagnostics, combinatorial chemistry Combinatorial chemistry involves the rapid synthesis or the computer simulation of a large number of different but structurally related molecules. Introduction
Synthesis of molecules in a combinatorial fashion can quickly lead to large numbers of molecules.
, material sciences and nanotechnology.

Acacia Research-Acacia Technologies (Nasdaq:ACTG) and Acacia Research-CombiMatrix (Nasdaq:CBMX) are both classes of common stock issued by Acacia Research Corporation and are intended to reflect the performance of the respective operating groups and are not issued by the operating groups.

Information about the Acacia Technologies group and the CombiMatrix group is available at 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.
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