Revenues more than triple from same quarter in 2008 OTTAWA, Canada – June 4, 2009 –
Wi-LAN Inc. (TSX: WIN) (“Wi-LAN” or the “Company”), a leading technology innovation and licensing company, today announced financial results for the second quarter ended April 30, 2009. All financial amounts are expressed in Canadian dollars. Second Quarter 2009 Highlights:
- Revenues of $10.0 million as compared to $3.2 million in Q2 2008.
- Pro forma earnings* of $3.3 million or 4 cents per share as compared to a pro forma loss of $540 thousand or 1 cent per share in Q2 2008.
- GAAP net loss of $1.0 million or 1 cent per share as compared to a GAAP net loss of $4.0 million or 4 cents per share in Q2 2008.
- Signed agreements with 15 companies including 7 wireless, 7 V-Chip and 1 wireline license.
- First ever quarterly dividend of 1.25 cents per common share declared.
“Our business delivered strong operational and financial performance during the second quarter,” said Jim Skippen, Chairman & CEO. “Our teams signed license agreements with 15 companies, the majority of which are long-term running royalty agreements. We invested in valuable patented technologies that will significantly strengthen our licensing programs. Our business generated revenues over 200% higher than the same quarter last year and substantial positive cash flow from operations.”
Added Skippen, “I am pleased that this strong financial performance has enabled us to increase revenue guidance and issue a dividend to our shareholders. This represents the third increase in revenue guidance since the company began providing financial guidance a year ago. The issuance of a quarterly dividend is an important milestone in Wi-LAN’s successful turnaround, since it began rebuilding itself with a licensing focus three years ago.”
The Board of Directors has declared a dividend of 1.25 cents per common share. This dividend will be paid on August 5, 2009 to shareholders of record on June 29, 2009.
Investment income in the second quarter of 2009 was $1.2 million as compared to $0.8 million in same period last year. Investment income for the six months ended April 30, 2009 was $1.7 million as compared to $1.8 million in the comparable period in fiscal 2008.
The Company reported a foreign exchange loss of $0.1 million during the second quarter of 2009. This consisted of a $0.4 million loss on contracts that matured during the quarter and an unrealized gain of $0.3 million on outstanding forward contracts at the end of the quarter. At April 30, 2009, the Company had forward contracts to sell $5.0 million U.S. dollars at an average rate of $1.18 Canadian per U.S. dollar. Foreign exchange loss for the six months ended April 30, 2009 was $0.7 million as compared to a gain on foreign exchange of $0.2 million in the comparable 2008 fiscal period.
Patent licensing expenses represent the expenses incurred by the Company in the execution of its patent licensing programs which includes staffing and travel-related costs. During the second quarter of 2009, the Company signed V-Chip license agreements with 7 companies including Setec Corporation, Ensky Technology PTE Ltd, IVI Digital Company Limited, AV Guangzhou Limited, Atico International Inc., Hisense USA Corporation and Westinghouse Digital Electronics LLC. This brings the total number of companies that have signed V-Chip licenses, as of April 30, 2009, to 112. During the quarter, Wi-LAN signed wireless license agreements with 7 companies, including manufacturers of wireless-enabled laptops, femtocells, base stations and routers. The addition of these 7 companies brings the total number of companies that have signed wireless licenses, as of April 30, 2009, to 62. The Company also signed a wireline license agreement during the second quarter of 2009.
Litigation expenses in the second quarter of 2009 were $4.1 million representing an increase of $1.3 million over the first quarter of 2009 and an increase of $2.7 million over the same period last year. These expenses consist primarily of expenses related to enforcing and defending Wi‑LAN’s intellectual property ownership rights in court. The increase was due to the Company’s ongoing response to declaratory judgment (DJ) claims filed by Intel Corporation and a number of other companies involving a number of Wi‑LAN’s wireless patents including U.S. Patent No. 6,549,759 (the “759 patent”) and activities supporting the addition of the 759 patent to our notebook litigation in the Federal Court of the Eastern District of Texas.
Wi-LAN initiated a share purchase program on October 15, 2008, which concluded on April 10, 2009. During the program, the Company repurchased a total of 833,600 shares for cancellation at an average price of $1.37.
At April 30, 2009, the Company’s net cash, comprised of cash, cash equivalents and short-term investments totalled $98.6 million, representing a decrease of $0.8 million from the net cash position at January 31, 2009. The Company’s cash equivalents and short-term investments include T‑bills, term deposits, GICs and other marketable securities. Financial Guidance
The Company is revising its financial guidance for the 12 month period ending October 31, 2009. Revenues are expected to be within the range of $34 million to $37 million, up from previous guidance of $30 million to $34 million. Operating expenses, excluding stock-based compensation, are expected to be in the range of $26 million to $29 million, up from previous guidance of $23 million to $26 million due principally to increased litigation costs. Pro-forma earnings* are expected to be within the range of $9.5 million to $13.0 million.
The above statements are forward-looking and actual results may differ materially. The “Forward-looking Information” section at the end of this news release provides information on various risks and uncertainties that the Company faces. Additional information identifying risks and uncertainties relating to the Company’s business are contained under the heading “Risk Factors” in Wi-LAN’s current Annual Information Form and its other filings with the various Canadian securities regulators which are available online at www.sedar.com. Annual financial guidance for fiscal 2009 is provided to assist investors and other interested parties in understanding Wi-LAN’s performance. The reader is cautioned that using this information for any other purpose may be inappropriate.
The Company’s revenues result from the licensing of intellectual property which, by its very nature, is directly affected by the timing of the closure of license agreements, the nature and extent of specific licenses including actual rates, product sales by licensees which can be subject to seasonality as well as overall market demands and the timeliness of the receipt of licensee royalty reports. In addition, certain revenues may be of a one-time nature. Thus, quarter-to-quarter fluctuations in revenue are normal and should be expected. Management believes that the strength of its business should be measured by annual revenues and growth in estimated revenue backlog.
The above guidance for the 12 month period end October 31, 2009 reflects our current business indicators and expectations and is subject to fluctuations in foreign currency exchange rates. Due to their nature, certain income and expense items, such as significant settlements from companies involved in current enforcement actions, new significant litigation or defense actions that could arise during the course of the year, losses on asset impairments or realized foreign exchange losses cannot be accurately forecast. Accordingly, we exclude forecasts of such items from our guidance. Wi-LAN’s imperative is to negotiate the best possible license as measured over the long-term and accordingly, the timing of actual license signings may vary from that forecasted. Actual results may vary materially from the guidance provided as a consequence of the above noted factors.Change in Year End
The Company also announced that it will be changing its fiscal year end from October 31 to December 31. This change is being made to provide better alignment with the royalty reporting periods of the Company’s licensees and to better align with industry peers for comparison purposes. Conference Call Information – June 4, 2009 – 10 AM EDT
Wi-LAN will conduct a conference call to discuss its financial results today at 10:00 AM Eastern Daylight Saving Time. Wi-LAN CEO, Jim Skippen and CFO, Shaun McEwan, will be on the call.
The call will be available at http://www.investorcalendar.com/IC/CEPage.asp?ID=145131 and accessible by telephone until 11:59 PM on June 11, 2009.
- Replay Number (Toll Free): 1.877.660.6853
- Replay Number (International): 201.612.7415
- Replay passcodes (both required for playback)
Account #: 286
Conference ID #:323695
Wi-LAN, founded in 1992, is a leading technology innovation and licensing company. Wi-LAN has licensed its intellectual property to over 180 companies worldwide. Inventions in our portfolio have been licensed by companies that manufacture or sell a wide range of communication and consumer electronics products including 3G cellular handsets, Wi-Fi-enabled laptops, Wi-Fi/DSL routers, xDSL infrastructure equipment, WiMAX base stations and digital televisions. Wi-LAN has a large and growing portfolio of more than 550 issued or pending patents. For more information: www.wi-lan.com