Operator
Operator
Good afternoon and welcome ladies and gentlemen to the Acacia Research Third Quarter Earnings Release Conference Call. At this time, I would like to inform you that this conference is being recorded and that all participants are in a listen-only mode. At the request of the company, we will open the conference up for questions and answers after the presentation. I will now turn the conference over to Mr. Paul Ryan. Please go ahead, sir. Paul Ryan – Chairman and Chief Executive Officer: Thank you for being with us today. Today’s call may involve what the SEC considers to be forward-looking statements. Please refer to our 8-K, which was filed with the SEC today for our forward-looking statement disclaimer. In today’s call, the terms we, us and our, refer to Acacia Research Corporation and/or it’s wholly and majority-owned operating subsidiaries. All intellectual property acquisitions, development, licensing, and enforcement activities are conducted solely by certain of Acacia Research Corporation’s wholly and majority-owned operating subsidiaries. With us today are Chip Harris, President of Acacia; Dooyong Lee, Executive Vice President; and Clayton Haynes, our Chief Financial Officer. Today, I will give you an overview of the progress we are making in building the business; Clayton Haynes will provide you with an analysis of our financial results; and we will then open the call for questions. Acacia had a great third quarter, as we continued to build our leadership position in patent licensing. Acacia generated third quarter revenues and other operating income of $63 million, the second highest grossing quarter in our company’s history. Revenues and other operating income for the first nine months were a record $164 million, an increase of 38% over last year’s previous record of $119 million. Acacia completed 24 new licensing agreements in the third quarter including agreements with Advanced Micro Devices, Bank of America, Boston Scientific, Siemens, T-Mobile, and multiple agreements with Research in Motion and RPX Corporation. Acacia generated revenues from 22 different licensing programs in the quarter including four new licensing programs generating initial revenue and we have now generated revenues from 108 different licensing programs. Acacia also acquired control of eight new patent portfolios for future licensing in the quarter by partnering with patent owners, including 3G and 4G wireless patents from a major telecommunications company; a patent portfolio relating to mobile applications for use in smartphones and wireless computing devices; a patent portfolio relating to semiconductor packaging technology; over 50 patents relating to semiconductor manufacturing processing technology from a major technology company; patents for heart valve technology from a major medical device company; and patents relating to document assembly for printers, domain name registration technology, and computer-aided design technology. We continue to increase future shareholder value by partnering with patent owners and now control a record 192 different patent portfolios. Acacia also increased its cash and investments to a record $319 million at the end of the quarter. Acacia has built its business by partnering with patent owners, taking control of licensing enforcement activities, and splitting the net licensing revenues 50:50. Our successful track record in generating revenues for patent owners is accelerating new business opportunities. We are fortunate to have built a market leadership position as the number one outsource patent licensing company at a time when patents are rapidly becoming a new asset class. We continue to see rapidly growing interest in patents as a asset class from both corporations and the investment community and think Acacia is extremely well-positioned to expand its leadership role given the breadth of our business model. We are seeing three major trends which are accelerating business for us. The first trend is the growing number of large companies worldwide who are deciding to generate revenues from their patent portfolios. There is a rapidly increasing awareness in boardrooms across the world that their managements need to generate returns on investment from shareholder capital that has been invested in research and development. We are also observing that large companies are becoming focused on their IP balance of payments and realized they need to generate financial returns from their own R&D investments to offset their growing payment obligations to other companies. The recent sale of the Nortel patent portfolio for $4.5 billion and Google’s $12.5 billion bid for Motorola Mobility has served as a further wakeup call to large companies and is accelerating this new trend. As a result of this trend, we are seeing a significant increase in partnering opportunities with large companies. Over the past year, a growing percentage of our new patent portfolios are coming from large companies as evidenced in the press releases we have issued. Acacia’s partnering business model is very attractive to large companies, who want to generate financial returns from their patents without having to create a distraction to their core business, be involved in litigation, or have to make additional investments of capital on human resources to earn those returns. Our corporate partners recognized that we have built a highly specialized company for patent licensing and have built a proven track record and generating revenues for these corporate partners. The second trend we are observing is the increasing amount of sales of patents in the marketplace as the emergence of this new asset class begins to take shape. Many of these patent sales create a situation, where certain companies want to acquire and control the patents rather than having a competitor control them and assert them against them. This is providing Acacia with new partnering opportunities to participate in these patent acquisitions, grant licenses to our partners in the purchase, and then control the ongoing licensing activity of the patents and share the ongoing revenues with our purchasing partners. Acacia can take the lead in acquiring these patent assets and turn potential problems for companies into profits for our corporate partners. So, for large corporate partners, Acacia can first monetize their non-performing assets, secondly acquire third-party patents that impact our business and turn potential problems into profits, and third, be a very cost efficient aggregator of needed in licenses for the patents that we control. The third trend which is accelerating our business is the increasing interest of small entities such as universities, individual inventors, research centers and small companies wanting Acacia to take control of the licensing of their patented technologies. This is being driven by both our successful track record and the growing complexity in cost that is required for small entities to be able to effectively enforce and license patents on their own. As a result of a number of recent court rulings as well as the recent patent legislation, we are seeing increasing partnering opportunities with these small entities who now more than ever need an expect partner who is able to generate licensing revenues from their patents. We have consistently delivered great results for these small entities often after their own efforts were unsuccessful, which has repeatedly demonstrated our value to these patent partners. As a result of these three trends along with the hard work of our experienced teams at Acacia, we currently have the largest pipeline of potential new partnerships and patent portfolios in our company’s history. As the leader in outsource patent licensing, we have the potential for significant growth as it appears we are in the very early stages of the emergence of this new asset class. Our quarterly revenues will continue to be uneven, our key internal performance metrics, our growth in patent assets, growth in new revenue generating licensing programs, growth in 12-month trailing revenues, and growth in annual profits. With that, I would like to turn the call over to our Chief Financial Officer, Clayton Haynes. Clayton Haynes – Chief Financial Officer: Thank you, Paul and thank you to everyone joining us for today’s third quarter 2011 earnings conference call. As indicated in today’s earnings press release on a consolidated basis, Acacia reported third quarter 2011 revenues and other operating income of $63 million as compared to $63.9 million in the third quarter of 2010. Third quarter of 2011 revenues included license fees from 24 new licensing agreements covering 22 of our technology licensing programs as compared to 51 new licensing agreements covering 36 of our technology licensing programs in the comparable prior year quarter. For more details, please refer to today’s earnings press release for a summary of technology licensing programs contributing to revenues during the quarter. We continued our trend of strong trailing 12-month revenue and operating income growth over the prior year quarter with consolidated trailing 12-month revenues totaling $177 million as of September 30, 2011, as compared to $138.6 million as of the end of the prior year quarter. Currently to-date on a consolidated basis, our operating subsidiaries have generated revenues from 108 of our technology licensing programs, up from 87 technology licensing programs as of the end of the comparable prior year quarter. License fee revenues continue to fluctuate from period-to-period based on the various factors discussed on previous earnings conference calls and in our periodic filings with the SEC. For the third quarter of 2011, Acacia Research reported GAAP net income of $12.5 million or $0.29 per fully diluted share versus GAAP net income of $24.7 million or $0.70 per fully diluted share for the comparable prior year quarter. Excluding non-cash stock compensation and non-cash patent amortization charges, we reported non-GAAP net income of $18 million or $0.42 per diluted share versus net income of $28.3 million or $0.80 per diluted share on a non-GAAP basis for the comparable prior year quarter. Please refer to our disclosures regarding the presentation of non-GAAP financial measures in today’s earnings release and 8-K filed with the SEC. Net results for the third quarter of 2011 as compared to the third quarter of 2010 included the impact of the following items. First, in September 2011, Creative Internet Advertising Corp, a subsidiary of Acacia Research submitted a claim under its verdict insurance policy related to its $12.5 million final judgment stemming from its May 2009 trial verdict and damages award involved in its patent infringement lawsuit with Yahoo! Inc, which Yahoo! appealed and prevailed. In connection with the submitted claim, Acacia subsidiary received $12.5 million in verdict insurance proceeds. Verdict insurance proceeds are reflected in the income statement as other operating income. Inventor royalties, contingent legal fees, and other costs associated with the verdict insurance proceeds received total $7.7 million and are included in operating expenses in the line item entitled verdict insurance proceeds related costs. Net results also reflect a 38% increase in other marketing, general, and administrative expense due primarily to a $1.9 million increase in non-cash stock-based compensation charges, resulting from an increase in the average grant date fair value of restricted shares expensed in the third quarter of 2011 as compared to the prior year quarter. In addition, our average margin defined as gross license fees including other operating income and related costs, less inventor royalties, non-controlling interests, and contingent legal fees for the portfolio is generating revenues during the period was approximately 44% for the third quarter of 2011 as compared to 57% for the comparable prior year quarter. Average margins continue to fluctuate period-to-period based on the mix of patent portfolios that generate revenues each period, the terms and conditions of license agreements execute each period and the related economics associated with the underlying inventor agreements and contingent legal fee arrangements if any. Inventor royalty’s expense including inventor royalties related to the verdict insurance proceeds and non-controlling interest for the third quarter of 2011 increased to $18.5 million versus $17.6 million for the comparable prior year quarter. Contingent legal fees including contingent legal fees related to the verdict insurance proceeds for the third quarter of 2011 increased to $16.3 million versus $9.7 million for the comparable prior year quarter. On a combined basis, inventor royalties and contingent legal fees as a percentage of total revenues and other operating income increased to 56% as compared to 43% in the comparable prior year quarter primarily due to in the aggregate higher contingent legal fee expenses associated with the patent portfolio programs generating revenues and other operating income in the third quarter of 2011 versus the comparable prior year quarter. Third quarter 2011 litigation and licensing expenses related to patents increased to $3.5 million as compared to $2.9 million in the comparable prior year quarter due primarily to an increase in litigation and licensing expenses incurred in connection with our continued investment in new licensing and enforcement programs commenced since the end of the prior year quarter. Looking forward for fiscal 2011, we expect MG&A excluding non-cash stock compensation charges to be in the range of $21.5 million to $22.5 million, including an estimate of the impact of variable performance based compensation costs described earlier and on previous earnings conference calls. For fiscal 2011, we continue to estimate patent related litigation and licensing expenses to be between approximately $13.5 million to $14 million. From a balance sheet perspective, cash and cash equivalents and investments totaled $319.1 million as of September 30, 2011 as compared to $301.4 million as of June 30, 2011 and $104.5 million as of December 31, 2010. Working capital increased to $306.4 million as of September 30, 2011 as compared to $291.4 million as of June 30 and $92.3 million as of December 31, 2010. Net cash inflows from operations for the third quarter of 2011 totaled $20.7 million versus net cash inflows of $14.2 million for the third quarter of 2010. Net cash inflows from operations totaled $45.8 million for the nine-month period ended September 30, 2011 as compared to $30.3 million for the nine-month period ended September 30, 2010. In the third quarter, we acquired eight additional patent portfolios as compared to four new patent portfolios in the comparable prior year quarter. Third quarter patent-related acquisition costs totaled $1 million as compared to $795,000 in the third quarter of 2010. Again, thank you for joining us for today’s earnings conference call. And I will now turn the call back over to Mr. Paul Ryan. Paul Ryan – Chairman and Chief Executive Officer: Thanks, Clayton. Operator, you can open the call for questions.