Highlights
- Subscription revenue for the fourth quarter of fiscal 2015 was
$67.7 million , up 7% compared to$63.5 million in the prior year period - Subscription revenue for fiscal 2015 totaled
$269.7 million , up 7% compared to$251.4 million for fiscal 2014 - Revenue for the fourth quarter of fiscal 2015 totaled
$72.8 million , up 8% compared to$67.7 million in the prior year period - Revenue for fiscal 2015 totaled
$291.9 million , up 13% compared to$259.3 million for fiscal 2014 - There were 255 clients in RPX's network as of
December 31, 2015 , including 89 insurance policy holders. - In
December 2015 , RPX closed a syndicated transaction securing licensing rights to patents owned byRound Rock Research, LLC for over 20 companies for a total purchase price in excess of$100 million ($33 million net patent spend by RPX.) - On
January 22, 2016 , RPX acquiredInventus Solutions, Inc. for$232 million in cash, net of working capital adjustments.
"RPX ended an important year on a solid quarter, with revenues increasing 8% over the prior year," said
Summary Results
Revenue for the fourth quarter of fiscal 2015 was
Net acquisition spend during the quarter totaled
GAAP net income for the fourth quarter was
Non-GAAP net income for the fourth quarter, which excludes stock-based compensation, the amortization of acquired intangibles, fair value adjustments on deferred payment obligations, gains on extinguishment of deferred payment obligations, other-than-temporary impairments on short-term investments, and realized losses on exchange of short-term investments (in each case, net of tax), was
As of
Business Outlook
This outlook reflects the Company's current and preliminary view and may be subject to change. Please see the paragraph regarding "Forward-Looking Statements" at the end of this news release.
The Company provided the following business outlook for the first quarter of fiscal 2016:
Subscription and Discovery revenue[1] |
| |
Fee-related revenue |
| |
Total revenue |
| |
Net income (non-GAAP) |
| |
Total EBITDA |
| |
Effective tax rate (non-GAAP) |
37% | |
Weighted-average diluted shares outstanding |
53.1 million |
The Company provided the following business outlook for the full year 2016:
Subscription revenue[1] |
| |
Discovery revenue |
| |
Fee-related revenue |
| |
Total revenue |
| |
Cost of revenue (non-GAAP) |
| |
SG&A (non-GAAP) |
| |
Net income (non-GAAP) |
| |
RPX EBITDA (non-GAAP) |
| |
Discovery EBITDA (non-GAAP) |
| |
Total EBITDA (non-GAAP) |
| |
Net patent spend |
| |
EBITDA less net patent spend (non-GAAP) |
| |
Effective tax rate (non-GAAP) |
37% | |
Weighted-average diluted shares outstanding |
53.3 million |
The Company provided the following additional information regarding amortization expense for the full year 2016:
Amortization of patent assets acquired through |
| |
Amortization of patent assets to be acquired during fiscal 2016 |
| |
Total amortization of patent assets |
|
The above additional information regarding amortization expense does not include expected amortization costs related to the acquired intangibles from
The above outlook is forward-looking. Actual results may differ materially. Please refer to the information under the caption "Use of Non-GAAP Financial Information" below.
————————
[1] |
Subscription revenue is comprised of revenue generated from membership subscription services, premiums earned, net of ceding commissions, from insurance policies, and management fees related to its insurance business. |
Conference Call
RPX management will host a conference call and live webcast for analysts and investors at
The conference call will be webcast and investors will be able to access the webcast and slide presentation from the "Investor Relations" section of the company's website at www.rpxcorp.com. A replay of the webcast will be available online at the aforementioned website following the conclusion of the conference call.
About
Use of Non-GAAP Financial Information
This news release dated
To supplement the Company's consolidated financial statements presented on a GAAP basis, management believes that these non-GAAP measures provide useful information about the Company's core operating results and thus are appropriate to enhance the overall understanding of the Company's past financial performance and its prospects for the future. Management is excluding from its non-GAAP operating results (1) stock-based compensation expenses (inclusive of related employer payroll taxes), (2) the amortization of acquired intangible assets (other than patents), (3) fair value adjustments on deferred payment obligations, (4) gains on extinguishment of deferred payment obligations, (5) other-than-temporary impairments on short-term investments, (6) realized losses on exchange of short-term investments, and (7) their related tax effects. EBITDA is a non-GAAP measure defined as GAAP earnings before other income or expenses, net, taxes, depreciation, amortization, and stock-based compensation expenses (inclusive of related employer payroll taxes). Management uses these non-GAAP measures to evaluate the Company's financial results, and believes these non-GAAP measures may prove useful to investors who wish to consider the impact of certain items when comparing the Company's financial performance with that of other companies. The adjustments to the Company's GAAP results are made with the intent of providing both management and investors a more complete understanding of the Company's underlying operational results, trends and performance. The presentation of additional information should not be considered in isolation or as a substitute for or superior to financial results determined in accordance with GAAP.
Forward-Looking Statements
This news release and its attachments contain forward-looking statements within the meaning of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These forward-looking statements include statements regarding RPX's future financial performance as well as any statements regarding the Company's strategic and operational plans. The Company's actual results may differ materially from those anticipated in these forward-looking statements. Factors that may contribute to such differences include, among others, the Company's ability to maintain an adequate rate of growth, the success of the Company's new initiatives, the Company's ability to integrate and manage the acquisition of
Contacts: | |
Investor Relations |
Media Relations |
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+1-415-445-3233 |
+1-415-852-3171 |
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Consolidated Statements of Operations | |||||||||||||||
(in thousands, except per share data) | |||||||||||||||
(unaudited) | |||||||||||||||
Three Months Ended |
Year Ended | ||||||||||||||
2015 |
2014 |
2015 |
2014 | ||||||||||||
Revenue |
$ |
72,831 |
$ |
67,747 |
$ |
291,881 |
$ |
259,335 |
|||||||
Cost of revenue |
39,475 |
33,529 |
148,858 |
124,435 |
|||||||||||
Selling, general and administrative expenses |
20,199 |
18,059 |
77,428 |
71,679 |
|||||||||||
Gain on sale of patent assets, net |
— |
— |
(592) |
(707) |
|||||||||||
Operating income |
13,157 |
16,159 |
66,187 |
63,928 |
|||||||||||
Other income (expense), net |
(2,619) |
88 |
(688) |
354 |
|||||||||||
Income before provision for income taxes |
10,538 |
16,247 |
65,499 |
64,282 |
|||||||||||
Provision for income taxes |
5,011 |
6,998 |
26,077 |
24,941 |
|||||||||||
Net income |
$ |
5,527 |
$ |
9,249 |
$ |
39,422 |
$ |
39,341 |
|||||||
Net income per share: |
|||||||||||||||
Basic |
$ |
0.10 |
$ |
0.17 |
$ |
0.72 |
$ |
0.74 |
|||||||
Diluted |
$ |
0.10 |
$ |
0.17 |
$ |
0.71 |
$ |
0.72 |
|||||||
Weighted-average shares used in computing net income per share: |
|||||||||||||||
Basic |
54,260 |
53,980 |
54,432 |
53,444 |
|||||||||||
Diluted |
55,002 |
54,995 |
55,410 |
54,818 |
| |||||||
Consolidated Balance Sheets | |||||||
(in thousands) | |||||||
(unaudited) | |||||||
| |||||||
2015 |
2014 | ||||||
Assets |
|||||||
Current assets: |
|||||||
Cash and cash equivalents |
$ |
94,983 |
$ |
78,019 |
|||
Short-term investments |
231,015 |
239,514 |
|||||
Restricted cash |
701 |
584 |
|||||
Accounts receivable |
13,905 |
24,793 |
|||||
Prepaid expenses and other current assets |
12,643 |
3,466 |
|||||
Deferred tax assets |
— |
4,400 |
|||||
Total current assets |
353,247 |
350,776 |
|||||
Patent assets, net |
254,560 |
236,349 |
|||||
Property and equipment, net |
4,733 |
4,151 |
|||||
Intangible assets, net |
1,801 |
3,526 |
|||||
|
19,978 |
19,978 |
|||||
Restricted cash, less current portion |
727 |
1,091 |
|||||
Deferred tax assets, less current portion |
16,619 |
93 |
|||||
Other assets |
6,896 |
26,100 |
|||||
Total assets |
$ |
658,561 |
$ |
642,064 |
|||
Liabilities and stockholders' equity |
|||||||
Current liabilities: |
|||||||
Accounts payable |
$ |
959 |
$ |
235 |
|||
Accrued liabilities |
14,842 |
14,257 |
|||||
Deferred revenue |
110,921 |
133,316 |
|||||
Deferred payment obligations |
2,383 |
— |
|||||
Other current liabilities |
467 |
640 |
|||||
Total current liabilities |
129,572 |
148,448 |
|||||
Deferred revenue, less current portion |
4,731 |
2,893 |
|||||
Other liabilities |
7,779 |
5,678 |
|||||
Total liabilities |
142,082 |
157,019 |
|||||
Stockholders' equity: |
|||||||
Common stock |
5 |
5 |
|||||
Additional paid-in capital |
344,610 |
326,280 |
|||||
Retained earnings |
172,115 |
158,868 |
|||||
Accumulated other comprehensive loss |
(251) |
(108) |
|||||
Total stockholders' equity |
516,479 |
485,045 |
|||||
Total liabilities and stockholders' equity |
$ |
658,561 |
$ |
642,064 |
| |||||||
Consolidated Statements of Cash Flows | |||||||
(in thousands) | |||||||
(unaudited) | |||||||
Year Ended | |||||||
2015 |
2014 | ||||||
Operating activities |
|||||||
Net income |
$ |
39,422 |
$ |
39,341 |
|||
Adjustments to reconcile net income to net cash provided by operating activities: |
|||||||
Depreciation and amortization |
145,835 |
123,138 |
|||||
Stock-based compensation |
17,594 |
17,656 |
|||||
Excess tax benefit from stock-based compensation |
(1,593) |
(2,598) |
|||||
Gain on sale of patent assets |
(592) |
(707) |
|||||
Amortization of premium on investments |
6,666 |
6,585 |
|||||
Deferred taxes |
(13,010) |
(14,216) |
|||||
Fair value adjustments on deferred payment obligations |
(3,887) |
— |
|||||
Gain on extinguishment of deferred payment obligation |
(3,000) |
— |
|||||
Other-than-temporary impairment of short-term investments |
5,096 |
— |
|||||
Realized loss on exchange of short-term investments |
3,444 |
— |
|||||
Other |
(60) |
(500) |
|||||
Changes in assets and liabilities, net of business acquired: |
|||||||
Accounts receivable |
10,888 |
14,006 |
|||||
Prepaid expenses and other assets |
(17,651) |
3,565 |
|||||
Accounts payable |
724 |
(97) |
|||||
Accrued and other current liabilities |
4,631 |
6,930 |
|||||
Deferred revenue |
(21,284) |
(1,634) |
|||||
Net cash provided by operating activities |
173,223 |
191,469 |
|||||
Investing activities |
|||||||
Purchases of investments |
(273,853) |
(224,548) |
|||||
Maturities of investments |
254,360 |
174,650 |
|||||
Sales of investments |
21,650 |
— |
|||||
Business acquisition, net of cash acquired |
(425) |
(2,286) |
|||||
Decrease in restricted cash |
247 |
143 |
|||||
Purchases of property and equipment |
(2,163) |
(1,511) |
|||||
Acquisitions of patent assets |
(132,834) |
(136,968) |
|||||
Deposit for acquisition of patent assets |
— |
(25,000) |
|||||
Proceeds from sale of patent assets |
650 |
1,086 |
|||||
Acquisition of other assets |
(2,500) |
— |
|||||
Net cash used in investing activities |
(134,868) |
(214,434) |
|||||
Financing activities |
|||||||
Repayments of principal on deferred payment obligations |
(2,935) |
— |
|||||
Proceeds from deferred payment obligations |
6,270 |
— |
|||||
Proceeds from exercise of stock options |
4,953 |
3,159 |
|||||
Tax withholdings related to net share settlements of restricted stock units |
(5,097) |
(4,928) |
|||||
Excess tax benefit from stock-based compensation |
1,593 |
2,598 |
|||||
Repurchase of common stock |
(26,175) |
— |
|||||
Net cash provided by (used in) financing activities |
(21,391) |
829 |
|||||
Net increase (decrease) in cash and cash equivalents |
16,964 |
(22,136) |
|||||
Cash and cash equivalents at beginning of period |
78,019 |
100,155 |
|||||
Cash and cash equivalents at end of period |
$ |
94,983 |
$ |
78,019 |
| |||||||||||||||
Reconciliation to Non-GAAP Net Income Per Share | |||||||||||||||
(in thousands, except per share data) | |||||||||||||||
(unaudited) | |||||||||||||||
Three Months Ended |
Year Ended | ||||||||||||||
2015 |
2014 |
2015 |
2014 | ||||||||||||
Revenue |
$ |
72,831 |
$ |
67,747 |
$ |
291,881 |
$ |
259,335 |
|||||||
Cost of revenue |
39,475 |
33,529 |
148,858 |
124,435 |
|||||||||||
Amortization of acquired intangible assets[2] |
(50) |
(55) |
(200) |
(225) |
|||||||||||
Non-GAAP cost of revenue |
39,425 |
33,474 |
148,658 |
124,210 |
|||||||||||
Selling, general and administrative expenses |
20,199 |
18,059 |
77,428 |
71,679 |
|||||||||||
Stock-based compensation[1] |
(4,533) |
(4,355) |
(18,015) |
(18,049) |
|||||||||||
Amortization of acquired intangible assets[2] |
(381) |
(381) |
(1,525) |
(1,251) |
|||||||||||
Non-GAAP selling, general and administrative expenses |
15,285 |
13,323 |
57,888 |
52,379 |
|||||||||||
Gain on sale of patent assets, net |
— |
— |
(592) |
(707) |
|||||||||||
Non-GAAP operating income |
18,121 |
20,950 |
85,927 |
83,453 |
|||||||||||
Other income (expense), net |
(2,619) |
88 |
(688) |
354 |
|||||||||||
Fair value adjustment on deferred payment obligations[3] |
(655) |
— |
(3,887) |
— |
|||||||||||
Gain on extinguishment of deferred payment obligations[4] |
(3,000) |
— |
(3,000) |
— |
|||||||||||
Other-than-temporary impairment on short-term investments[4] |
3,181 |
— |
5,096 |
— |
|||||||||||
Realized loss on exchange of short-term investments[4] |
3,336 |
— |
3,336 |
— |
|||||||||||
Non-GAAP other income, net |
243 |
88 |
857 |
354 |
|||||||||||
Provision for income taxes |
5,011 |
6,998 |
26,077 |
24,941 |
|||||||||||
Income tax adjustments[5] |
1,649 |
1,410 |
6,037 |
6,300 |
|||||||||||
Non-GAAP provision for income taxes |
6,660 |
8,408 |
32,114 |
31,241 |
|||||||||||
Non-GAAP net income |
$ |
11,704 |
$ |
12,630 |
$ |
54,670 |
$ |
52,566 |
|||||||
Non-GAAP net income per share: |
|||||||||||||||
Basic |
$ |
0.22 |
$ |
0.23 |
$ |
1.00 |
$ |
0.98 |
|||||||
Diluted |
$ |
0.21 |
$ |
0.23 |
$ |
0.99 |
$ |
0.96 |
|||||||
Weighted-average shares used in computing non-GAAP net income per share: |
|||||||||||||||
Basic |
54,260 |
53,980 |
54,432 |
53,444 |
|||||||||||
Diluted |
55,002 |
54,995 |
55,410 |
54,818 |
| |||||||||||||||
Reconciliation of Net Income to Non-GAAP EBITDA Less Net Patent Spend | |||||||||||||||
(in thousands) | |||||||||||||||
(unaudited) | |||||||||||||||
Three Months Ended |
Year Ended | ||||||||||||||
2015 |
2014 |
2015 |
2014 | ||||||||||||
Net income |
$ |
5,527 |
$ |
9,249 |
$ |
39,422 |
$ |
39,341 |
|||||||
Provision for income taxes |
5,011 |
6,998 |
26,077 |
24,941 |
|||||||||||
Other (income) expense, net |
2,619 |
(88) |
688 |
(354) |
|||||||||||
Stock-based compensation[1] |
4,533 |
4,355 |
18,015 |
18,049 |
|||||||||||
Depreciation and amortization |
38,809 |
33,438 |
145,835 |
123,138 |
|||||||||||
Non-GAAP EBITDA[6] |
56,499 |
53,952 |
230,037 |
205,115 |
|||||||||||
Net patent spend |
(50,353) |
(20,810) |
(160,665) |
(136,468) |
|||||||||||
Non-GAAP EBITDA less net patent spend |
$ |
6,146 |
$ |
33,142 |
$ |
69,372 |
$ |
68,647 |
| ||||||||
Additional Metrics | ||||||||
(in thousands, except client and headcount data) | ||||||||
(unaudited) | ||||||||
As of and for the Three Months Ended | ||||||||
Operating Metrics |
2015 |
2014 | ||||||
Number of clients |
255 |
204 |
||||||
Net additions |
10 |
9 |
||||||
Trailing four quarters |
51 |
36 |
||||||
Gross patent spend |
$ |
137,673 |
$ |
21,760 |
||||
Trailing four quarters |
$ |
1,119,354 |
$ |
159,168 |
||||
Net patent spend |
$ |
50,353 |
$ |
20,810 |
||||
Trailing four quarters |
$ |
160,665 |
$ |
136,468 |
||||
Full time equivalent headcount |
161 |
152 |
||||||
As of and for the Three Months Ended | ||||||||
Financial Metrics |
2015 |
2014 | ||||||
Subscription revenue[7] |
$ |
67,701 |
$ |
63,546 |
||||
Fee-related revenue |
5,130 |
4,201 |
||||||
Total revenue |
$ |
72,831 |
$ |
67,747 |
||||
Cash, cash equivalents and short-term investments |
$ |
325,998 |
$ |
317,533 |
||||
Deferred revenue, current and non-current |
$ |
115,652 |
$ |
136,209 |
[1] |
RPX excludes stock-based compensation and related employer payroll taxes from its non-GAAP financial measures. |
[2] |
RPX excludes amortization expense related to intangible assets (other than patents) acquired in conjunction with the acquisition of businesses from its non-GAAP financial measures. |
[3] |
RPX excludes fair value adjustments related to its deferred payment obligations from its non-GAAP financial measures. |
[4] |
RPX excludes gains on extinguishment of deferred payment obligations, other-than-temporary impairments to its short-term investments, and realized losses on exchanges of short-term investments from its non-GAAP financial measures. |
[5] |
Amount reflects income taxes associated with the above noted non-GAAP exclusions. |
[6] |
RPX calculates non-GAAP EBITDA as GAAP earnings before other income or expenses, net, taxes, depreciation, amortization, and stock-based compensation expenses (inclusive of related employer payroll taxes). |
[7] |
Subscription revenue is comprised of revenue generated from membership subscription services, premiums earned, net of ceding commissions, from insurance policies, and management fees related to its insurance business. |
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