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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
______________

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of report (Date of earliest event reported): November 3, 2022
______________

INTERDIGITAL, INC.
(Exact name of Registrant as Specified in Charter)
Pennsylvania 1-33579 82-4936666
(State or Other Jurisdiction of Incorporation) (Commission File Number) (IRS Employer Identification No.)
200 Bellevue Parkway, Suite 300
Wilmington, DE 19809-3727
(Address of principal executive offices, Zip code)

302-281-3600
Registrant's telephone number, including area code
Not Applicable
Former Name or Former Address, if Changed Since Last Report
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Securities registered pursuant to Section 12(b) of the Act:
Title of each class   Trading
Symbol(s)
  Name of each exchange
on which registered
Common Stock, par value $0.01 per share   IDCC   NASDAQ Stock Market LLC
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐



Item 2.02.    Results of Operations and Financial Condition.

On November 3, 2022, InterDigital, Inc. issued a press release announcing its results of operations and financial condition for the fiscal quarter ended September 30, 2022. A copy of the press release is attached hereto as Exhibit 99.1.

The information in this report, including Exhibit 99.1, shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liabilities of that section, nor shall such information be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.


Item 9.01.    Financial Statements and Exhibits.

(d)    Exhibits.

99.1
104 Cover Page Interactive Data File (embedded within the Inline XBRL document)




SIGNATURES

    Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.



    
INTERDIGITAL, INC.
By: /s/ Joshua D. Schmidt
Joshua D. Schmidt
Chief Legal Officer and
Corporate Secretary


Date: November 3, 2022



EX-99.1 2 ex991q393022pressrelease.htm EX-99.1 Document

INTERDIGITAL ANNOUNCES FINANCIAL RESULTS FOR THIRD QUARTER 2022
Apple renewal contributes to InterDigital’s $1.5B in value of contracts signed over last eighteen months
WILMINGTON, DE. - November 3, 2022 - InterDigital, Inc. (NASDAQ:IDCC), a mobile and video technology research and development company, today announced results for the quarter ended September 30, 2022.
“We significantly strengthened our business by renewing our license with Apple through 2029,” said Liren Chen, CEO and President of InterDigital. “In addition, new agreements drove our sixth consecutive quarter of recurring revenue growth in the consumer electronics and IoT/automotive markets. All together, we have signed sixteen agreements over the last eighteen months with a total estimated contract value of more than $1.5 billion. I look forward to building on this foundation as we pursue significant growth opportunities in licensing both devices and services.”
Third Quarter 2022 Financial Highlights
•Total revenue, which includes both recurring and non-recurring revenue, of $114.8 million decreased 20% from $143.5 million in third quarter 2021 primarily due to $50.1 million of non-recurring revenues in third quarter 2021.
•Recurring revenue increased 8% to $101.0 million, compared to recurring revenue of $93.4 million in third quarter 2021. The company increased recurring revenue in both its smartphone (up 4%) and CE, IoT/Auto markets (up 60%).
•Operating expenses were $82.9 million, compared to $106.7 million in third quarter 2021. The decrease was primarily driven by a $21.3 million reduction of non-recurring costs from restructuring activities, revenue share costs and a reduction in performance-based compensation.
•Income from operations was $31.8 million compared to $36.8 million in third quarter 2021.
•Net income1 was $22.2 million, or $0.74 per diluted share, compared to $26.2 million, or $0.83 per diluted share, in third quarter 2021.
•Adjusted EBITDA2 was $56.4 million compared to $78.3 million in third quarter 2021, primarily driven by $50.1 million of non-recurring revenue in third quarter 2021.
Near Term Outlook
The company expects recurring revenue for fourth quarter to be between $98 and $102 million. This revenue guidance covers existing agreements, including the company’s recent renewal of its license agreement with Apple, and does not include the potential impact of any additional new agreements that may be signed during the balance of fourth quarter 2022.
The company expects fourth quarter operating expenses will be in the range of $76 to $79 million. In addition, the company expects non-operating expenses, comprised of interest expense and other income (expense), will be in the range of $4 to $6 million and the effective tax rate will be in the range of 21% to 24%.
Conference Call Information
InterDigital will host a conference call on Thursday, November 3, 2022 at 10:00 a.m. ET to discuss its third quarter 2022 financial performance and other company matters.
For a live Internet webcast of the conference call, visit www.interdigital.com and click on the “Webcast” link on the Investors page. The company encourages participants to take advantage of the Internet option.
For telephone access to the conference call, visit www.interdigital.com and click on the “Dial In Registration” link on the Investors page. Registration is necessary to obtain a dial in phone number and PIN to join.
An Internet replay of the conference call will be available on InterDigital’s website under Events in the Investor’s section. The replay will be available for one year.



About InterDigital®
InterDigital develops mobile and video technologies that are at the core of devices, networks, and services worldwide. We solve many of the industry’s most critical and complex technical challenges, inventing solutions for more efficient broadband networks, better video delivery, and richer multimedia experiences years ahead of market deployment. InterDigital has licenses and strategic relationships with many of the world’s leading technology companies. Founded in 1972, InterDigital is listed on Nasdaq.
InterDigital is a registered trademark of InterDigital, Inc.
For more information, visit the InterDigital website: www.interdigital.com.
Forward-Looking Statements
This press release contains forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended. Such statements include information regarding our current beliefs, plans and expectations, including, without limitation, our belief that we will continue to be able to execute strongly on our business during the ongoing COVID-19 pandemic. Words such as “believe,” “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “forecast,” “goal,” “could,” "would," "should," "if," "may," "might," "future," "target," "trend," "seek to," "will continue," "predict," "likely," "in the event," and variations of any such words or similar expressions are intended to identify such forward-looking statements.
Forward-looking statements are made on the basis of management’s current views and assumptions and are not guarantees of future performance. Forward-looking statements are inherently subject to risks and uncertainties that could cause actual results, and actual events that occur, to differ materially from results contemplated by the forward-looking statements. These risks and uncertainties include, but are not limited to: (i) unanticipated delays, difficulties or accelerations in the execution of patent license agreements; (ii) our ability to leverage our strategic relationships and secure new patent license agreements on acceptable terms; (iii) our ability to enter into sales and/or licensing partnering arrangements for certain of our patent assets; (iv) our ability to enter into partnerships with leading inventors and research organizations and identify and acquire technology and patent portfolios that align with our roadmap; (v) our ability to commercialize our technologies and enter into customer agreements; (vi) the failure of the markets for our current or new technologies and products to materialize to the extent or at the rate that we expect; (vii) unexpected delays or difficulties related to the development of our technologies and products; (viii) changes in our interpretations of, and assumptions and calculations with respect to the impact on us of, the 2017 Tax Cuts and Jobs Act, as well as further guidance that may be issued regarding such act; (ix) risks related to the potential impact of new accounting standards on our financial position, results of operations or cash flows; (x) failure to accurately forecast the impact of our restructuring activities on our financial statements and our business; (xi) the resolution of current legal proceedings, including any awards or judgments relating to such proceedings, additional legal or regulatory proceedings, changes in the schedules or costs associated with legal proceedings or adverse rulings in such proceedings; (xii) the timing and impact of potential administrative and legislative matters; (xiii) changes or inaccuracies in market projections; (xiv) our ability to obtain liquidity though debt and equity financings; (xv) the potential effects that the ongoing COVID-19 pandemic and/or general economic or other conditions could have on our financial position, results of operations and cash flows; and (xvi) changes in our business strategy.
We undertake no duty to revise or update publicly any forward-looking statement for any reason, except as otherwise required by law.



Footnotes
1    Throughout this press release, net income and diluted earnings per share (“EPS”) are attributable to InterDigital, Inc. (e.g., after adjustments for non-controlling interests), unless otherwise stated.
2    Adjusted EBITDA is a supplemental non-GAAP financial measure that InterDigital believes provides investors with important insight into the company's ongoing business performance. InterDigital defines Adjusted EBITDA as net income attributable to InterDigital, Inc. plus net loss attributable to non-controlling interest, income tax (provision) benefit, other income (expense) & interest expense, depreciation and amortization, share-based compensation, and other items. Other items may include restructuring costs, impairment charges and other non-recurring items. InterDigital’s computation of Adjusted EBITDA might not be comparable to Adjusted EBITDA reported by other companies. The presentation of Adjusted EBITDA, which is not prepared under any comprehensive set of accounting rules or principles, is not intended to be considered in isolation or as a substitute for the financial information prepared and presented in accordance with GAAP. A reconciliation of Adjusted EBITDA to net income attributable to InterDigital, Inc., the most directly comparable GAAP financial measure, is provided below.
3    Free cash flow is a supplemental non-GAAP financial measure that InterDigital believes is helpful in evaluating the company’s ability to invest in its business, make strategic acquisitions and fund share repurchases, among other things. A limitation of the utility of free cash flow as a measure of financial performance is that it does not represent the total increase or decrease in the company’s cash balance for the period. InterDigital defines free cash flow as net cash used in operating activities less purchases of property and equipment and capitalized patent costs. InterDigital’s computation of free cash flow might not be comparable to free cash flow reported by other companies. The presentation of free cash flow, which is not prepared under any comprehensive set of accounting rules or principles, is not intended to be considered in isolation or as a substitute for the financial information prepared and presented in accordance with GAAP. A reconciliation of free cash flow to net cash used in operating activities, the most directly comparable GAAP financial measure, is provided below.




SUMMARY CONSOLIDATED STATEMENTS OF INCOME
(in thousands except per share data)
(unaudited)
For the Three Months Ended September 30, For the Nine Months Ended September 30,
2022 2021 2022 2021
REVENUES:
Recurring revenues:
Smartphone $ 87,467  $ 84,143  $ 262,908  $ 223,701 
CE, IoT/Auto 13,579  8,498  36,455  21,951 
Other —  747  911  4,467 
Total recurring revenues 101,046  93,388  300,274  250,119 
Non-recurring revenues 13,718  50,108  40,465  63,475 
Total revenues $ 114,764  $ 143,496  $ 340,739  $ 313,594 
OPERATING EXPENSES:    
Patent administration and licensing 46,720  56,150  134,232  133,694 
Development 21,789  22,546  56,487  66,999 
Selling, general and administrative 14,418  20,978  34,818  46,994 
Restructuring activities —  7,045  3,280  20,290 
Total Operating expenses 82,927  106,719  228,817  267,977 
Income from operations 31,837  36,777  111,922  45,617 
INTEREST EXPENSE (7,659) (5,773) (19,446) (19,429)
OTHER INCOME (EXPENSE), NET 912  (1,537) (15,109) 2,226 
Income before income taxes 25,090  29,467  77,367  28,414 
INCOME TAX PROVISION (3,323) (4,253) (17,312) (6,039)
NET INCOME $ 21,767  $ 25,214  $ 60,055  $ 22,375 
Net loss attributable to noncontrolling interest (455) (1,014) (1,230) (11,042)
NET INCOME ATTRIBUTABLE TO INTERDIGITAL, INC. $ 22,222  $ 26,228  $ 61,285  $ 33,417 
NET INCOME PER COMMON SHARE — BASIC $ 0.75  $ 0.85  $ 2.03  $ 1.09 
WEIGHTED AVERAGE NUMBER OF COMMON SHARES OUTSTANDING — BASIC 29,659  30,737  30,255  30,792 
NET INCOME PER COMMON SHARE — DILUTED $ 0.74  $ 0.83  $ 2.00  $ 1.07 
WEIGHTED AVERAGE NUMBER OF COMMON SHARES OUTSTANDING — DILUTED 29,940  31,431  30,638  31,272 
CASH DIVIDENDS DECLARED PER COMMON SHARE $ 0.35  $ 0.35  $ 1.05  $ 1.05 








SUMMARY CONSOLIDATED CASH FLOWS
(in thousands)
(unaudited)
For the Three Months Ended September 30, For the Nine Months Ended September 30,
2022 2021 2022 2021
Income before income taxes $ 25,090  $ 29,467  $ 77,367  $ 28,415 
Taxes paid (222) (5,042) (4,585) (9,835)
Non-cash expenses 25,243  35,882  90,313  95,272 
Change in deferred revenue 274,034  150,703  146,334  64,044 
Change in operating working capital, deferred charges and other (342,874) (114,746) (379,898) (118,733)
Purchases of property and equipment and capitalized patent costs (9,054) (8,857) (31,139) (30,022)
FREE CASH FLOW 3
(27,783) 87,407  (101,608) 29,141 
Net proceeds from debt refinancing (796) —  139,193  — 
Repurchase of common stock —  (11,859) (74,445) (23,000)
Dividends paid (10,380) (10,794) (31,924) (32,319)
Other (552) 708  (7,028) (1,471)
NET (DECREASE) INCREASE IN CASH, CASH EQUIVALENTS, RESTRICTED CASH AND SHORT-TERM INVESTMENTS $ (39,511) $ 65,462  $ (75,812) $ (27,649)




SUMMARY CONSOLIDATED BALANCE SHEETS
(in thousands)
(unaudited)
SEPTEMBER 30, 2022 DECEMBER 31, 2021
ASSETS    
Cash, cash equivalents and short-term investments $ 863,423  $ 941,627 
Accounts receivable, net 403,043  31,113 
Prepaid and other current assets 86,028  77,545 
Property & equipment and patents, net 373,795  376,962 
Other long-term assets, net 201,926  200,909 
TOTAL ASSETS $ 1,928,215  $ 1,628,156 
LIABILITIES AND SHAREHOLDERS’ EQUITY
Accounts payable, accrued liabilities, taxes payable & dividends payable $ 79,480  $ 79,888 
Current deferred revenue 210,981  291,673 
Long-term deferred revenue 276,589  19,463 
Long-term debt & other long-term liabilities 659,370  484,215 
TOTAL LIABILITIES 1,226,420  875,239 
TOTAL INTERDIGITAL, INC. SHAREHOLDERS' EQUITY 695,775  745,239 
Noncontrolling interest 6,020  7,678 
TOTAL EQUITY 701,795  752,917 
TOTAL LIABILITIES AND SHAREHOLDERS’ EQUITY $ 1,928,215  $ 1,628,156 







RECONCILIATION OF NON-GAAP MEASURES

The table below presents a reconciliation of Adjusted EBITDA to net income attributable to InterDigital, Inc., the most directly comparable GAAP financial measure (in thousands):

For the Three Months Ended September 30, For the Nine Months Ended September 30,
2022 2021 2022 2021
Net income attributable to InterDigital, Inc. $ 22,222  $ 26,228  $ 61,285  $ 33,417 
Net loss attributable to non-controlling interest (455) (1,014) (1,230) (11,042)
Income tax provision 3,323  4,253  17,312  6,039 
Other income (expense) & interest expense 6,747  7,310  34,555  17,203 
Depreciation and amortization 18,713  19,421  59,149  58,971 
Share-based compensation 5,846  15,082  15,209  21,010 
Other items(a)
—  7,045  3,280  22,290 
Adjusted EBITDA2
$ 56,396  $ 78,325  $ 189,560  $ 147,888 
(a)    Other items in the above table includes $7.0 million of restructuring costs during the three months ended September 30, 2021 and restructuring costs of $3.3 million and $20.3 million during the nine months ended September 30, 2022 and 2021, respectively. The nine months ended September 30, 2021 also includes $2.0 million of additional non-recurring personnel-related costs expenses related to new employee agreements.
The table below presents a reconciliation of free cash flow to net cash (used in) provided by operating activities, the most directly comparable GAAP financial measure (in thousands):
For the Three Months Ended September 30, For the Nine Months Ended September 30,
2022 2021 2022 2021
Net cash (used in) provided by operating activities $ (18,729) $ 96,264  $ (70,469) $ 59,163 
Purchases of property and equipment (110) (940) (872) (1,877)
Capitalized patent costs (8,944) (7,917) (30,267) (28,145)
Free cash flow3
$ (27,783) $ 87,407  $ (101,608) $ 29,141 



CONTACT: InterDigital, Inc.
Email: investor.relations@interdigital.com
 +1 (302) 300-1857