DivX, Inc. Reports Third Quarter 2009 Financial Results

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Mon Nov 9, 2009 4:05pm EST

DivX Fast Forwards Its Growth in New Product Categories

SAN DIEGO, Nov. 9 /PRNewswire-FirstCall/ -- DivX, Inc. (Nasdaq: DIVX), a
leading digital media company, today announced results for the three and nine
months ended September 30, 2009.

(Logo:  http://www.newscom.com/cgi-bin/prnh/20081124/DIVXLOGO)

The Company reported revenues for the third quarter of $16.6 million,
comprised of $14.6 million of technology licensing revenues and $2.0 million
of media and other distribution and services revenues.  This compares to
revenues of $24.4 million reported for the same period a year ago, which
included $19.1 million of technology licensing revenues and $5.3 million of
media and other distribution and services revenues.

"DivX is undergoing an exciting transition in its business," stated Kevin
Hell, Chief Executive Officer for DivX, Inc. "We are moving beyond our core
DVD licensing business into new categories such as Blu-ray players, digital
televisions, mobile phones and set-top-boxes, driven by our substantial
progress with premium Hollywood content initiatives and our DivX Plus(TM) high
definition software and hardware solutions.  Additionally and perhaps even
more notably, through our acquisition of AnySource Media in August, we believe
we are well positioned to define the next big evolutionary step in the
television experience - Internet TV.  We believe the opportunity in front of
us is transformational, and will drive the business to the next stage."

As part of the broader transition of its business, DivX today promoted Matt
Milne to the position of Senior Vice President and General Manager, DivX
Licensing. Prior to joining DivX in July 2009, Matt was Senior Vice President
of Sales and Marketing for MediaFLO USA, a wholly owned subsidiary of Qualcomm
Incorporated.  Matt will assume the CE licensing responsibilities of Eric
Rodli who has left the Company to pursue other interests.  Added Hell, "We
want to thank Eric for his contributions to DivX and wish him well in future
endeavors."

The Company also announced that it plans to demo its Internet TV solution at
the Consumer Electronics Show (CES) in Las Vegas on January 7-9, 2010.

GAAP net income in the third quarter of 2009 was approximately $4.0 million,
or $0.12 per diluted share.  DivX incurred a non-GAAP net loss of $319,000, or
a loss of $0.01 per diluted share. Non-GAAP net loss and loss per diluted
share exclude the following items: (1) a $9.5 million litigation settlement
gain ($6.1 million, or $0.19 per diluted share, net of related taxes); (2)
non-cash share-based compensation of approximately $2.3 million ($1.5 million,
or $0.05 per diluted share, net of related taxes); (3) the scheduled
amortization of purchased intangible assets related to the acquisition of
MainConcept of $558,000 ($357,000, or $0.01 per diluted share, net of related
taxes); (4) the foreign exchange benefit on the Company's Euro-denominated
intercompany loan of $231,000 ($148,000, or less than $0.01 per diluted share,
net of related taxes); and (5) a non-cash charge of approximately $120,000, or
less than $0.01 per diluted share, related to the write-off of deferred tax
assets associated with cancelled stock options.

Dan Halvorson, Chief Financial Officer and Executive Vice President
Operations, added, "As reported by many partners and CE vendors, consumer
spending continues to be weak but we once again delivered a solid quarter. We
believe our focus on managing expenses keeps us on course while maximizing our
ability to invest in the future growth of the business. We anticipate emerging
products as a percentage of total technology licensing revenues will continue
to grow and is projected to increase from approximately 16% for the third
quarter to approximately 25% by the end of the fourth quarter of 2009.  Our
balance sheet remains strong with $143 million in cash and investments, or
$4.38 per share, and we are focused on investing in technical innovation that
drives growth in our core and new businesses."

Fourth Quarter 2009 Fiscal Outlook 
The following table summarizes the Company's financial guidance for the fourth
quarter of 2009.  The following estimates are based on the Company's current
business outlook as of the date of this press release:




                                                Q4'09 Guidance
                                              -----------------
    Revenue (in millions)                       $17.5 - $18.5

    GAAP earnings (loss) per share, diluted   ($0.05) - ($0.03)

    Adjustments:
      Non-cash share-based compensation
       expense, net of income taxes                 $0.05

      Amortization of purchased intangibles,
       net of income taxes                          $0.01

                                              -----------------
    Non-GAAP earnings per share, diluted        $0.01 - $0.03
                                              -----------------




These estimates are based on:
    1. Expected revenues for technology licensing of approximately 85% to 90%
of
       total revenue for the fourth quarter of 2009; and revenues for media
and
       other distribution and services of approximately 10% to 15% of total
       revenues for the fourth quarter of 2009;
    2. A projected non-GAAP effective tax rate of approximately 40% for the
       fourth quarter of 2009 which is dependent on the effective tax rates in
       our various domestic and foreign jurisdictions;
    3. Anticipated non-cash share-based compensation expense of approximately
       $2.4 million ($1.4 million, or $0.05 per diluted share, net of related
       taxes) for the fourth quarter of 2009;
    4. The scheduled amortization of purchased intangible assets related to
the
       acquisition of MainConcept and the impact of contingent consideration
       fair value true-ups related to the acquisition of AnySource Media of
       approximately $650,000 ($390,000, or $0.01 per diluted share, net of
       related taxes) for the fourth quarter of 2009; and

    5. No significant foreign exchange benefit or expense on the Company's
       Euro-denominated intercompany loan.



Quarterly Conference Call 
DivX management will host a conference call and simultaneous audio webcast to
discuss its third quarter 2009 results on November 9, 2009 at 1:30 p.m.
Pacific Time or 4:30 p.m. Eastern Time.  To participate in the call, please
dial (888) 857-6932 or outside the U.S. (719) 457-2734 to access the
conference call at least five minutes prior to the start time. A live audio
webcast will be available on the Events and Presentations page at
http://investors.divx.com.

In addition, an audio replay of the call will be available between 7:30 p.m.
Eastern Time November 9, 2009 and Midnight, Eastern Time November 16, 2009 by
calling (888) 203-1112 or (719) 457-0820, with passcode 4032925.

About DivX, Inc. 
DivX, Inc. is a leading digital media company that enables consumers to enjoy
a high-quality video experience across any kind of device. DivX creates,
distributes and licenses digital video technologies that span the "three
screens" comprising today's consumer media environment -- the PC, the
television and mobile devices. Over 200 million DivX devices have shipped into
the market from leading consumer electronics manufacturers. DivX also offers
content providers and publishers a complete solution for the distribution of
secure, high-quality digital video content. Driven by a globally recognized
brand and a passionate community of hundreds of millions of consumers, DivX is
simplifying the video experience to enable the digital home. For more
information, visit www.divx.com.

Forward-Looking Statements 
Statements in this press release that are not strictly historical in nature
constitute "forward-looking statements." Such statements include, but are not
limited to, references to the expected growth and earnings potential of the
Company's business, the Company's position in the digital media space,
including Internet TV, the Company's plans to participate in CES, the
anticipated growth of emerging products as a percentage of the Company's total
technology licensing revenues, the anticipated financial results for the
fourth quarter of 2009, and the anticipated benefits of the acquisition of
AnySource Media LLC to the Company, its customers and partners, including the
ability of AnySource Media products and technology to increase the Company's
market opportunity and accelerate penetration of key emerging products. Such
forward-looking statements involve known and unknown risks, uncertainties and
other factors which may cause the Company's actual results to be materially
different from historical results or from any results expressed or implied by
such forward-looking statements. These factors include, but are not limited
to: the risk that customer use of DivX technology may not grow as anticipated;
the risk that anticipated market opportunities, including Internet TV, may not
materialize at expected levels, or at all; uncertainties related to the
current macroeconomic climate; the risk that the Company's activities may not
result in the growth of profitable revenue; risks related to the
implementation of the acquisition of AnySource Media; the risk that the
Company's financial performance for the fourth quarter of 2009 may not meet
expectations; risks and uncertainties related to the maintenance and strength
of the DivX brand; the Company's ability to penetrate existing and new
markets; the effects of competition; the Company's dependence on its licensees
and partners; the effect of intellectual property rights claims; risks
relating to the Company's ability to integrate acquired business and
technologies into its existing infrastructure; and other factors discussed in
the "Risk Factors" section of the Company's most recent reports filed with the
SEC. All forward-looking statements are qualified in their entirety by this
cautionary statement. DivX is providing this information as of the date of
this release and does not undertake any obligation to update any
forward-looking statements contained in this release as a result of new
information, future events or otherwise, other than as required under
applicable securities laws.

Non-GAAP Financial Measures; GAAP EPS
DivX has provided in this release financial information that has not been
prepared in accordance with GAAP. This information includes non-GAAP net
income (loss) and earnings (loss) per diluted share, which excludes non-cash
share-based compensation expense, the litigation settlement gain, the
amortization of purchased intangible assets, the foreign exchange impact of
our Euro-denominated intercompany loan, and the non-cash charge related to the
change in value of certain deferred tax assets. This non-GAAP information is
provided to enhance the reader's overall understanding of our current
financial performance and prospects for the future. Specifically, we believe
this information provides useful comparative data by excluding non-cash
share-based compensation expense, which is not consistent from
period-to-period. Also, we believe that the exclusion of the litigation
settlement gain, amortization of purchased intangible assets, the foreign
exchange impact of our Euro-denominated intercompany loan, and the change in
value of certain tax deferred assets provides useful comparative data by
reflecting our business operations in a manner that is consistent with
expected future operations. Management has historically used non-GAAP net
income (loss) and non-GAAP earnings (loss) per diluted share when evaluating
operating performance because we believe the exclusion of the items described
above provides an additional measure of our core operating results and
facilitates comparisons of our core operating performance against prior
periods and our business model objectives. The presentation of this additional
information should not be considered in isolation or as a substitute for
results prepared in accordance with GAAP. The non-GAAP financial measures used
by the Company may be calculated differently from, and therefore may not be
comparable to, similarly titled measures used by other companies.

We will continue to evaluate the factors that might impact non-cash
share-based compensation expense and accruals for income tax expense. The
non-cash share-based compensation expense is expected to vary depending on the
number of new grants issued to both current and new employees, and changes in
the Company's stock price, stock market volatility, expected option life, and
risk-free interest rates (all of which are difficult to estimate). In
addition, the factors that impact our deferred tax assets are expected to vary
from period-to-period, also making our effective tax rate difficult to
estimate.




                                   DivX, Inc.
                      CONSOLIDATED CONDENSED BALANCE SHEETS
                                 (in thousands)

                                            September 30,   December 31,
                                                 2009           2008
                                            -------------   ------------
                                                    (unaudited)
    Assets
    Current assets:
      Cash and cash equivalents                 $25,328       $43,442
      Short-term investments                    113,820        73,897
      Accounts receivable, net                    2,800         7,263
      Deferred tax assets, current                3,062         1,841
      Prepaid expenses and other
       current assets                             6,220         4,732
                                               --------      --------
        Total current assets                    151,230       131,175

    Property and equipment, net                   2,426         3,811
    Long-term investments                         4,070        17,968
    Deferred tax assets, long-term               10,150        10,547
    Purchased intangible assets, net             14,107        10,968
    Goodwill                                     18,921        10,358
    Other assets                                  7,855         8,574
                                               --------      --------
        Total assets                           $208,759      $193,401
                                               ========      ========

    Liabilities and stockholders' equity
    Current liabilities:
      Accounts payable                           $1,143        $1,319
      Accrued expenses                           10,830         7,909
      Deferred revenue                            5,471         6,185
                                               --------      --------
        Total current liabilities                17,444        15,413

    Long-term liabilities                         8,185         3,888
                                               --------      --------
        Total liabilities                        25,629        19,301

    Stockholders' equity                        183,130       174,100
                                               --------      --------
        Total liabilities and
         stockholders' equity                  $208,759      $193,401
                                               ========      ========



                                    DivX, Inc.
                    CONSOLIDATED CONDENSED STATEMENTS OF INCOME
                       (in thousands, except per share data)
                                    (unaudited)

                                         Three Months Ended  Nine Months Ended
                                             September 30,     September 30,
                                           ----------------  ----------------
                                             2009     2008     2009     2008
                                           -------   ------  -------   ------
    Net revenues:
      Technology licensing                 $14,642  $19,108  $46,973  $54,596
      Media and other distribution and
       services                              1,993    5,301    3,573   16,154
                                            ------   ------   ------   ------
        Total net revenues                  16,635   24,409   50,546   70,750

    Cost of revenue:
      Cost of technology licensing           2,320      963    6,896    2,955
      Cost of media and other
       distribution and services               120      190      432      548
                                            ------   ------   ------   ------
        Total cost of revenues               2,440    1,153    7,328    3,503
                                            ------   ------   ------   ------

    Gross margin                            14,195   23,256   43,218   67,247

    Operating expenses:
      Selling, general and
       administrative (1) (2)               12,696   13,300   37,280   41,849
      Product development (1) (2)            5,612    4,642   14,946   15,433
      Litigation settlement gain            (9,500)       -   (9,500)       -
      Impairment of acquired intangibles         -        -        -    1,250
                                            ------   ------   ------   ------
        Total operating expenses             8,808   17,942   42,726   58,532
                                            ------   ------   ------   ------
    Income from operations                   5,387    5,314      492    8,715

    Interest income (expense), net             310      908    1,336    3,675
    Other income (expense)                     157     (677)     296     (175)
                                            ------   ------   ------   ------
    Income before income taxes               5,854    5,545    2,124   12,215
    Income tax provision                     1,898    2,265    1,959    4,776
                                            ------   ------   ------   ------
    Net income                              $3,956   $3,280     $165   $7,439
                                            ======   ======   ======   ======


    Basic net earnings per share             $0.12    $0.10    $0.01    $0.22
                                            ======   ======   ======   ======
    Diluted net earnings per share           $0.12    $0.10    $0.01    $0.22
                                            ======   ======   ======   ======

    Shares used to compute basic net
     earnings per share                     32,681   32,312   32,582   33,133
                                            ======   ======   ======   ======
    Shares used to compute diluted net
     earnings per share                     33,031   32,818   32,931   33,688
                                            ======   ======   ======   ======

    (1) Includes share-based compensation
        as follows:
          Selling, general and
           administrative                   $1,573   $1,851   $5,286   $5,221
          Product development                  732      539    1,573    1,602
                                            ------   ------   ------   ------
                                            $2,305   $2,390   $6,859   $6,823
                                            ======   ======   ======   ======

    (2) Includes Stage6 operating costs
        and related accruals as follows:
         Selling, general and
          administrative                        $-       $-       $-   $3,103
         Product development                     -        -        -      230
                                            ------   ------   ------   ------
                                                $-       $-       $-   $3,333
                                            ======   ======   ======   ======



                                    DivX, Inc.
                 UNAUDITED RECONCILIATION OF NON-GAAP ADJUSTMENTS
                       (in thousands, except per share data)

                                        Three Months Ended  Nine Months Ended
                                           September 30,      September 30,
                                        ------------------  -----------------
                                          2009     2008      2009     2008
                                         -------   ------   -------  -------
    Net Income:
      GAAP net income                     $3,956   $3,280      $165   $7,439
        Share-based compensation           2,305    2,390     6,859    6,823
        Amortization of purchased
         intangible assets                   558      594     1,601    1,652
        Fx impact on intercompany loan      (231)     662      (205)     204
        Litigation settlement gain        (9,500)       -    (9,500)       -
        Valuation allowance / adjustments
         on deferred tax assets              120        -     1,338        -
        Stage6 operating costs and
         related accruals                      -        -         -    3,333
        Impairment of acquired intangibles     -        -         -    1,250
        Income tax effects of pre-tax
         adjustments                       2,473   (1,556)      486   (5,638)
                                          ------   ------    ------  -------
      Non-GAAP net income (loss)           $(319)  $5,370      $744  $15,063
                                          ======   ======    ======  =======

    Diluted earnings per share:
      GAAP diluted earnings per share      $0.12    $0.10     $0.01    $0.22
        Share-based compensation            0.07     0.07      0.21     0.20
        Amortization of purchased
         intangible assets                  0.02     0.02      0.05     0.05
        Fx impact on intercompany loan     (0.01)    0.02     (0.01)    0.01
        Litigation settlement gain         (0.29)       -     (0.29)       -
        Valuation allowance / adjustments
         on deferred tax assets                -        -      0.04        -
        Stage6 operating costs and
         related accruals                      -        -         -     0.10
        Impairment of acquired intangibles     -        -         -     0.04
        Income tax effects of pre-tax
         adjustments                        0.08    (0.05)     0.01    (0.17)
                                          ------   ------    ------  -------
      Non-GAAP diluted earnings (loss)
       per share                          $(0.01)   $0.16     $0.02    $0.45
                                          ======   ======    ======  =======


      Non-GAAP shares used to compute
       diluted net earnings (loss) per
       share                              32,681   32,818    32,931   33,688
                                          ======   ======    ======  =======


    The following table sets forth the
     computation of Non-GAAP basic and
     diluted net earnings (loss) per share:

    Numerator:
      Net income (loss)                    $(319)  $5,370      $744  $15,063

    Denominator:
      Weighted-average common shares
       outstanding (basic)                32,681   32,312    32,582   33,133
                                          ======   ======    ======  =======

      Weighted-average common shares
       outstanding (diluted)              32,681   32,818    32,931   33,688
                                          ======   ======    ======  =======

    Basic net earnings (loss) per share   $(0.01)   $0.17     $0.02    $0.45
                                          ======   ======    ======  =======

    Diluted net earnings (loss) per
     share                                $(0.01)   $0.16     $0.02    $0.45
                                          ======   ======    ======  =======



                                   DivX, Inc.
                 CONSOLIDATED CONDENSED STATEMENTS OF CASH FLOW
                                 (in thousands)
                                  (unaudited)

                                       Three Months Ended   Nine Months Ended
                                          September 30,       September 30,
                                       ------------------   -----------------
                                         2009      2008       2009     2008
                                       --------   -------   -------   -------
    Net cash provided by operating
     activities                         $11,409  $14,504    $15,459  $16,896

    Net cash (used in) provided by
     investing activities                (9,293)  (3,169)   (34,658)  28,019

    Net cash (used in) provided by
     financing activities                    21      (76)       981  (19,458)

    Effect of exchange rate changes on
     cash                                   (15)     (62)       104       (7)
                                        -------  -------    -------  -------
    Net increase (decrease) in cash
     and cash equivalents                 2,122   11,197    (18,114)  25,450
    Cash and cash equivalents at
     beginning of period                 23,206   28,785     43,442   14,532
                                        -------  -------    -------  -------

    Cash and cash equivalents at end
     of period                          $25,328  $39,982    $25,328  $39,982
                                        =======  =======    =======  =======





SOURCE  DivX, Inc.

Investors, Karen Fisher of DivX, Inc., +1-858-882-6415, kfisher@divxcorp.com;
or Todd Friedman, todd@blueshirtgroup.com, or Stacie Bosinoff,
stacie@blueshirtgroup.com, both of The Blueshirt Group, +1-415-217-7722; or
Media, Jennifer Baumgartner of DivX, Inc., +1-503-901-5371,
Jbaumgartner@divxcorp.com
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