Final Results - Year to 30 September 1999
Rodime PLC
23 November 1999
RODIME PLC ('Rodime' or 'the Company')
PRELIMINARY RESULTS FOR THE
TWELVE MONTHS ENDED 30 SEPTEMBER 1999
Chairman's Statement
Seagate Litigation
The Company's legal action against Seagate which began in 1992 in the Central
District Court of California ('the District Court') continued its progress
through the U.S. court system. During the year the Company was successful in
strengthening its case against Seagate.
On 16 April 1999 the Company reported the findings of the U.S. Court of Appeal
for the Federal Circuit ('the Appeal Court') in the appeals lodged by the
Company and Seagate against the judgements issued in 1997 by the District Court.
The Appeal Court vacated (i.e. overturned) the previous judgements in two
important respects:
i) In 1997 the District Court had interpreted Rodime's patent claims to
include thermal compensation and on this basis decided that Seagate did not
infringe Rodime's patent. The Appeal Court adopted a different interpretation
of these claims and decided that Rodime's claims 3,5,8 and 17 of the '383
patent do not include thermal compensation. The Appeal Court therefore
overturned the District Court's finding of non-infringement and has sent the
case back to the District Court for trial to resolve whether or not there has
been infringement under the new interpretation of Rodime's claims.
ii) The Appeal Court also vacated the District Court's judgement regarding
Rodime's California state law claims. These claims assert that Seagate engaged
in unfair competition and interference with Rodime's business for Seagate's
prospective economic advantage. The District Court had earlier held that Rodime
did not allege facts sufficient to state a cause of action for trial. The Appeal
Court found that there were sufficient issues of fact for these to be sent back
to the District Court for trial.
Further, as a result of the Appeal Court's decision to vacate earlier
judgements, Seagate's cross-appeal for an award of attorney's fees (which had
been previously rejected by the District Court) was not granted. Rodime received
in July 1999 a refund of the costs plus interest (approximately $250,000) that
the District Court awarded to Seagate and which Rodime paid in 1998.
The Appeal Court's findings above are favourable to Rodime. The Appeal Court
did not grant Rodime's appeal for consequential business damages in addition to
its claims for a reasonable royalty. The exclusion of consequential damages is
not considered by the Directors to be material to the main thrust of the
litigation.
Following the issuance of the judgements described above, Seagate requested that
the Appeal Court amend its decision, in particular that part of the judgements
relating to Rodime's California state law claims. Seagate also filed on 26 April
a combined petition for rehearing and a suggestion for rehearing en banc (i.e.
by all the judges of the Appeal Court). The Appeal Court ruled against Seagate
in all three of these requests, and remanded the case back to the District Court
in July 1999. Seagate, however, on 1 October 1999 exercised its right to
petition the Supreme Court for a review of the Appeal Court's judgements. In
July 1999, the District Court recommenced proceedings that are necessary for a
jury trial to be scheduled. However, these proceedings were postponed by the
Court until November to allow time for the Supreme Court to decide whether it
will hear Seagate's petition.
The Directors expect the Supreme Court's decision in the near future as to
whether it will accept Seagate's petition for a hearing and are encouraged by
the decisions of the Court of Appeal this year, in particular its interpretation
of Rodime's patent claims. The pace and outcome of the litigation over the
next twelve months will depend on the actions taken by the Supreme and
District Courts and by the parties.
Results
The results for the year ended 30 September 1999 improved compared to the prior
year due to lower legal and administrative expenses. The operating loss for the
year ended 30 September 1999 was $1,000,000 (1998: $1,575,000), and the net loss
after withholding taxes and the retained loss were $1,000,000 (1998:
$1,588,000).
The Company's running royalty revenues did not recommence during the current
year (1998: $129,000) although licenses covering the sale of products in the
U.S. continue to be in effect and royalties could recommence in future depending
on market demand for and supply of disk drives, and profitability levels of disk
drive manufacturers.
Administration and legal costs decreased significantly for the year ended 30
September 1999, and were farther reduced, as a consequence of the Company's
successful appeal, by the repayment from Seagate of approximately $250,000 of
court costs with interest which the Company had originally paid to Seagate in
1998. Legal costs were lower this year because the Company's appeal was heard in
September 1998 and the Appeal Court's decision was not issued until April 1999.
In the second half of the financial year, legal costs increased as a result of
activity in both the Court of Appeal and District Court. Looking ahead, the
Directors expect that legal activity and expense will increase as the case moves
towards jury trial proceedings in the District Court.
Working Capital
At 30 September 1999, the Company had an available unused working capital
facility of $1.0 million which is convertible into zero coupon loan stock in
tranches of $0.5 million as it is drawn down. The zero coupon loan stock is
repayable on demand if there is a material adverse change in the financial
condition or prospects or the Company.
In November 1999 this facility was increased by $1.5 million and the Company's
bank has confirmed that it is likely to look favourably at a request by the
Company for additional financial support to further fund the jury trial. Based
on the Company's projected legal costs to pursue the Seagate litigation, the
Board believes that this facility provides the Company with sufficient working
capital for its current needs.
Patents
The Company's patent portfolio was expanded during the year and the Company
continues to hold, maintain and invest in several patents relating to disk drive
and other storage system technology, other than the two patents which to date
have formed the basis of the Company's licensing and litigation programme.
Two new patents were issued by the U.S. Patent Office during 1999 covering
digital servo (DSP) technology for data storage and retrieval. Additionally,
patent applications were filed in nine European countries to register the DSP
patents, so that licensing rights may be generated in the future for the
manufacture or sale of products which can be shown to incorporate the patent
technology. These patents are expected to be issued in the next twelve months.
The Company's preliminary discussions which began in 1998 with major
manufacturers regarding potential exploitation of these patents have not yet
resulted in new patent licensing but the Directors remain optimistic that the
DSP patents will be revenue-generating in due course.
Year 2000
During the year the Company completed its assessment of the risks and
uncertainties arising from Year 2000 issues, in relation to its operations and
systems, and has upgraded its internal systems in accordance with Year 2000
compliance standards. The cost of upgrading its systems was not material, and
the Directors do not expect to incur significant future costs in relation to
Year 2000.
The Board takes this opportunity to thank the Company's shareholders, bankers
and employees for their continued support.
M Melver
Chairman
23 November 1999
RODIME PLC ('Rodime' or 'the Company')
PRELIMINARY RESULTS FOR THE
TWELVE MONTHS ENDED 30 SEPTEMBER 1999
Profit & Loss Account
Year ended 30 September
1999 1998
$000 $000
Continuing operations
Operating income - 129
Administrative expenses (1,000) (1,704)
(1,000) (1,575)
Operating loss and loss on ordinary
activities before taxation
Taxation - (13)
Loss for the financial year (1,000) (1,588)
Per ordinary share (0.4c) (0.6c)
Number of ordinary shares 254,274,885 254,274,885
NOTES
The earnings discussed in this statement are based on UK Generally Accepted
Accounting Practices.
Per share information is based on the weighted average number of ordinary shares
in issue and on the result after taxation for each period.
As at 30 September 1999 the sterling exchange rate was $1.65=£1 (30 September
1998 $1.70= £1).
The Directors are recommending that no dividend is paid for the year ended 30
September 1999.
The financial information for the year ended 30 September 1998/1999 has been
extracted from the audited accounts on which the auditors will give an
unqualified opinion.
The statutory accounts for the year ended 30 September 1998 have been delivered
to the Registrar of Companies.
Press enquiries
David Mathewson, non executive director (011 44)131 226 7011
Peter Bailey, managing director 001 941 422 8477