William J. Merritt
Analyst · the SEC. These forward-looking statements are made only as of the date today hereof and except as required by law, we undertake on obligation to update or revise any of them whether as the result of new information, future events, or otherwise. With that I would like to turn this call over to Scott
Thanks, Scott, and good morning to everyone. Let me briefly comment on the quarter and the continued success of our product and licensing programs. I will also address the current status of our litigation with Nokia and Samsung and the settlement discussions. As Scott mentioned already, the quarter was very solid from a financial perspective. We continue to grow our recurring revenue line, delivered strong positive cash flow, posted solid earnings, and controlled our product development expenses while still meeting all of our milestones. All in all, a very good start to the year. Indeed, the first quarter was an exceptionally strong quarter for the launch of our SlimChip products. As reported earlier in the year, we had a very strong showing at the 3G SM trade show, with many prospective customers visiting the booth, seeing our SlimChip modem in operation, and expressing significant interest in purchasing the product. In February we signed an important technology licensing deal for our SlimChip IP with a growing Asian semiconductor company. That agreement delivered nice revenue contributions in the first quarter and positioned the company well within the high volume Asian cell phone market. We also completed our delivery of HSDPA technology to NXP and ASIC is now moving into production. Infinium also continued to see growth in its communications business including a design win at Samsung and based on public reports, good positioning for the iPhone 3G business. This is good news for us as we derive software licensing revenue on every 3G ASIC shipped by Infinium. In March, Signals Ahead, an independent research firm, published their annual review of the 3G modem market. In that report, InterDigital was one of just three companies with a working release eight compliant terminal unit ASIC product, and among that small group, our chip performed better than our competitors in many tests, including in high-interference environments typically associated with Cell Edge. We believe this performance advantage gives us a significant marketing edge as operators want their users to experience uniform service across the entire cell. There in the first quarter we also continued in our operability and performance testing of our SlimChip product with major infrastructure vendors, data card manufacturers, and other prospective customers. In each of those tests we continue to show solid performance and progress towards commercial launch. Our technical success is driving marketing success. We are in regular and productive dialogue with a broad range of prospective customers and are on track to secure one or more design wins in the first half of this year. Assuming we hit that target, we would expect to begin shipping product by year end and when you combine that success with the expected success from NXP, Infinium, and our new Asian semiconductor partner, the end result is much more meaningful contribution to revenue and profitability from our product programs. Based on all that, we are very proud of our achievements. We are equally confident in the future of the product program. We have produced a product that most other semiconductor manufacturers have yet to do. Our development teams are functioning extremely well and our next product is well into development with scheduled launch in the mid 2009 timeframe. That product will lower costs, increase performance, and position us for continued success in both the data card and embedded module market and also the more lucrative smart phone and high-end feature phone space. We are excited about the prospect of product and our prospective customers are as well. Moving to the patent license side of the house, we announced earlier this week the addition of two more patent licensees in Taiwan. That brings our total number of 3G patent licenses to over 25. It also continues to expand our license coverage in this key manufacturing region. We also continue to have good negotiations with other prospective licensees and believe that additional deals can be closed during the year. Lastly, let me address the topic of Nokia and Samsung. To bring folks up to date on where things are, we were scheduled to be at trial IT/ITC during late April and early May. As we previously reported, Nokia was able to secure a decision from a Federal Judge that any ITC action against Nokia be stayed pending resolution of Nokia’s claim that it is somehow licensed under the patents involved at the ITC. That decision is on appeal and being heard on an expedited basis by the Second Circuit Court of Appeals. We continue to believe strongly that Nokia’s license claim is unfounded. Indeed, the ALJ at the ITC had refused to delay the trial on that basis. Moreover, the Judge in New York specifically stated that no stay was being opposed as to Samsung. However, since the Nokia and Samsung cases had been consolidated, the ALJ at the ITC nonetheless delayed the trial date for Samsung, presumably to see how the Nokia issue would work out before the Second Circuit. However, he has not changed his date for the initial determination. We have since moved to sever the Nokia and Samsung cases and to move forward on the Samsung trial. We are awaiting further information from the Judge as to whether he will sever the cases and when the trial against Samsung will commence. I appreciate that all the legal maneuvers can get pretty confusing and sure, a delay is not often welcome news. However, delay in litigation is not uncommon. The key thing for parties involved in litigation is to maintain your focus on what you are trying to achieve and not let the ups and downs of any one event color your thinking. In that regard, our objective is to sign favorable license agreements with both Nokia and Samsung, as well as the other top five manufacturers. We remain very confident that we can do that. Indeed, as we previously reported, we had made substantial progress in reaching a settlement with Nokia. We, of course, have not reached a final resolution with them. Without getting into the specifics of what transpired since that announcement, it is commonplace for the momentum of deals to ebb and flow. This can be driven by a number of factors, including the ability of the parties to identify creative solutions to close gaps as well as external factors such as the timing of litigation. However, there is another important factor at play. We are simply not willing to accept the deal that Nokia is offering because of where we have come as a company and where we want to go. As to where we have come, we already have solid earnings, we have solid cash flow, and we have a solid balance sheet. These are tremendous assets that will allow us to avoid doing a deal simply because it is a bird in hand. Instead, we are leveraging those assets and the strength of our patent portfolio and licensing program to execute on a very specific plan on how to license the entire industry. That plan has been tested in the market for over five years and with more than 25 other licensees. Time and time again that plan and the economics we seek have been found to be reasonable and achievable. We see no reason to deviate from that plan for it is proven and will drive what we believe to be substantial value. So instead, we simply intend to execute on that plan. That means we will dive licensing success with other parties just like we did this week with new agreements at rates consistent with that plan. More licensees provide further credibility as to the strength of the InterDigital patent portfolio and the creativity and resolve of the company as a licensor. We also will continue to drive the product program to create not only independent value from those programs but also provide more tools to bring into patent negotiations. We will also continue to grow the company, its revenue, its balance sheets, and its strength to provide added incentive to unlicensed companies to settle as that should ultimately realize that delay is working against them, not for them. As always, we appreciate the support of our shareholders. The company had a very solid first quarter and is working hard to deliver a great 2008. With that, let me open it up for questions.