XML 21 R9.htm IDEA: XBRL DOCUMENT v3.5.0.2
Intangible Assets
6 Months Ended
Jun. 30, 2016
Goodwill and Intangible Assets Disclosure [Abstract]  
Intangible Assets

Note 4. Intangible Assets

 

Patent Portfolio and Patent Rights

 

The Company’s intangible assets with finite lives consist of its patents and patent rights. For all periods presented, all of the Company’s identifiable intangible assets were subject to amortization. The gross carrying amounts related to acquired intangible assets as of June 30, 2016 are as follows ($ in thousands):

 

    Net Carrying Amount     Weighted average
amortization period
(years)
 
Patent Portfolios and Patent Rights at December 31, 2015, net   $ 9,799       4.63  
Amortization expenses     (1,062 )        
Patent Portfolios and Patent Rights at June 30, 2016, net   $ 8,737       4.14  

 

The amortization expenses related to acquired intangible assets for the three and six months ended June 30, 2016 and 2015 are as follows ($ in thousands):

 

    For the Three Months Ended June 30,     For the Six Months Ended June 30,  
Date Acquired and Description   2016     2015     2016     2015  
7/24/13 - Rockstar patent portfolio   $ 26     $ 117     $ 52     $ 233  
9/10/13 - North South patent portfolio     8       32       15       64  
12/31/13 - Rockstar patent portfolio     497       2,301       995       4,575  
    $ 531     $ 2,450     $ 1,062     $ 4,872  

 

The future amortization of these intangible assets was based on the adjusted carrying amount. Future amortization of all patents is as follows ($ in thousands):

 

    Rockstar     North South     Rockstar        
    Portfolio     Portfolio     Portfolio        
    Acquired     Acquired     Acquired     Total  
    24-Jul-13     10-Sep-13     31-Dec-13     Amortization  
Six Months Ended December 31, 2016   $ 52     $ 16     $ 1,004     $ 1,072  
Year Ended December 31, 2017     104       30       1,995       2,129  
Year Ended December 31, 2018     104       31       1,995       2,130  
Year Ended December 31, 2019     104       31       1,995       2,130  
Year Ended December 31, 2020     104       31       995       1,130  
Thereafter     110       36       -       146  
Total   $ 578     $ 175     $ 7,984     $ 8,737  

 

Equitable Agreement

 

In March 2016, the Company entered into an agreement (which was subsequently amended) with Equitable IP Corporation (“Equitable”) to facilitate the monetization of the Company’s patents (the “Monetization Agreement”). Pursuant to the Monetization Agreement, the Company will work together with Equitable to develop and revise the Company’s ongoing litigation plan. Under the Monetization Agreement, Equitable is obligated to use its best, commercially reasonable efforts to monetize the Company’s patents. To that end, Equitable has agreed to file eight additional litigations by September 30, 2016. The Company will share net monetization revenue derived from all monetization activity equally with Equitable. To facilitate the litigation plan, approximately 186 of over 330 of the Company’s patents and applications have been assigned to Equitable, which will pay all maintenance and prosecution fees going forward. If Equitable fails to timely file the eight litigations, then the Company has the option to reacquire the assigned patents at no cost. No assigned patents may be transferred by Equitable to a third party without the Company’s consent. In the event that all terms of the Monetization Agreement are met by December 2017, the Company will further assign approximately 140 additional patents and applications to Equitable for monetization. The Company has retained a grant-back license to practice all transferred patents.

 

The Company concluded that the Monetization Agreement did not constitute a sale of the patents. The Company’s retention of the right to use the patents, the requirement for the Company’s consent to any sale, and the significant economic benefits the Company retained with respect to the litigation, licensing, and sale proceeds, did not meet the sale of patent criteria. The Monetization Agreement has been treated as an agreement to outsource its licensing activities to an outside servicer, for contingent fees based on the success of the servicer’s efforts. As such, the Company will not remove the patents from its condensed consolidated balance sheet, and will record its share of litigation, licensing, and sales proceeds, if any, when those proceeds are received, or when due if the other revenue recognition criteria are met under ASC 605, Revenue Recognition.