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Cognos Settles Patent Litigation

— Reiterates Guidance for First Quarter and FY03 —

OTTAWA, ON, May 27, 2002—Cognos (Nasdaq: COGN; TSE: CSN), the world leader in business intelligence (BI), today announced a settlement in the pending patent litigation by Business Objects (Nasdaq: BOBJ). The settlement agreement dismisses a lawsuit filed by Business Objects on May 5, 2000 alleging that Cognos® Impromptu® software infringes its United States Patent number 5,555,403.

Under the terms of this agreement, Business Objects releases Cognos for any alleged infringement of this patent. In addition, both Cognos and Business Objects have agreed to a five-year moratorium on patent litigation between the two companies. To obtain this settlement, Cognos has agreed to pay Business Objects a sum of $24.0 million consisting of a $10.0 million up front payment and quarterly payments of $1.75 million over the next two years. The agreement specifically reaffirms that Cognos makes no admission regarding the validity, enforceability or infringement of any patent.

"We stand firm in our position that the Business Objects patent is invalid and unenforceable against Cognos," said Ron Zambonini, Cognos chief executive officer. "However, despite our strong views, we felt that the opportunity to settle was best for our business during a time of great business momentum and opportunity for Cognos. By resolving this matter now, we avoid the distraction of continued litigation and eliminate the risk of an uncertain jury verdict and any subsequent appeals. The after tax present value cash impact of this settlement is less than $17 million. We are very pleased to have this issue behind us and now look forward to devoting all of our time and efforts towards continuing to deliver the world's leading business intelligence solutions to our customers."

As this settlement was concluded prior to the issuance of Cognos' fiscal 2002 financial statements, it is required by generally accepted accounting principles to record the impact of this settlement in fiscal 2002. Accordingly, Cognos will include a special charge of $23.2 million reflecting the present value of the agreed upon settlement payments as a year-end adjustment to its previously announced fiscal 2002 financials. As a result, previously announced earnings before tax of $51.4 million have been adjusted to $28.2 million, earnings after tax of $36.2 million have been adjusted to $19.4 million and fully diluted earnings per share of $0.40 have been adjusted to $0.21.

The charges associated with this settlement will not have any material impact on Cognos financial results for the current fiscal year ending February 28, 2003. Cognos reiterates the guidance for the first quarter and full fiscal year 2003 as discussed during its investor call conducted on April 10, 2002.

Cognos has scheduled a conference call to discuss the details of the settlement at 8:30 a.m. ET, May 28, 2002. The conference call may be accessed at 877-211-2399. The Webcast may be accessed at http://www.cognos.com/company/investor/events/052802.html.

This news release contains forward-looking statements concerning the benefits to the Corporation of having resolved this litigation and its expectations concerning its future financial performance and continuing business momentum. These forward-looking statements are neither promises nor guarantees, but involve risks and uncertainties that may cause actual results to differ materially from those in the forward-looking statements. Factors that may cause such differences include, but are not limited to, our ability to continue to meet revenue and other financial performance goals; delays in, or other adverse effects on, the development, introduction, shipment and market acceptance of our software products resulting from the settlement terms and our ability to protect our intellectual property; volatility of the financial markets in response to the settlement terms, failure of actual operating results to meet our market expectations; changes in financial estimates by securities analysts; general market fluctuations unrelated to the operating performance of the Corporation or the high technology sector; and other risks detailed under the heading "Certain Factors That May Affect Future Results" in the Company's most recent Annual Report on Form 10-K filed with the United States Securities and Exchange Commission. Readers should not place any undue reliance on any such forward-looking statements, which speak only as of the date they are made. The Corporation disclaims any obligation to publicly update or revise any such statement to reflect any change in its expectations or in events, conditions, or circumstances on which any such statements may be based, or that may affect the likelihood that actual results will differ from those contained in the forward-looking statements.

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Cognos, the Cognos logo, and Impromptu are trademarks or registered trademarks of Cognos Incorporated in the United States and/or other countries. All other names are trademarks or registered trademarks of their respective companies.

COGNOS INCORPORATED
CONSOLIDATED STATEMENTS OF INCOME

(US$000s except share amounts, U.S. GAAP)

 

Three Months Ended
the Last Day of February
Years Ended the
Last Day of February

 

2002  2001  2002  2001 

 

(Unaudited)  
Revenue
   Product license $ 75,420  $ 79,716  $228,255  $262,766 
   Product support 46,631  40,979  175,636  147,589 
   Services 20,741  23,408  87,411  85,297 

Total revenue 142,792  144,103  491,302  495,652 

Operating expenses
   Cost of product license 694  1,948  3,609  7,315 
   Cost of product support 4,595  4,924  16,576  17,820 
   Selling, general, and administrative 84,149  90,640  343,276  320,535 
   Research and development 19,190  18,049  74,614  67,264 
   Acquired in-process technology —  —  —  3,000 
   Special charges 20,642  —  33,440  — 

Total operating expenses 129,270  115,561  471,515  415,934 

Operating income 13,522  28,542  19,787  79,718 
Interest expense (283) (246) (540) (786)
Interest income 1,755  3,352  8,922  12,386 

Income before taxes 14,994  31,648  28,169  91,318 
Income tax provision 4,874  9,510  8,761  27,058 

Net income $ 10,120  $ 22,138  $ 19,408  $ 64,260 

Net income per share
   Basic $0.12  $0.25  $0.22  $0.74 

   Diluted $0.11  $0.24  $0.21  $0.70 

Weighted average number of common shares (000s)
   Basic 87,671  87,897  87,807  87,324 

   Diluted 91,897  91,388  90,461  91,973 


COGNOS INCORPORATED
CONSOLIDATED BALANCE SHEETS

(US$000s, U.S. GAAP)

  February 28, 
2002 
February 28, 
2001 

Assets  
Current assets 
  Cash and cash equivalents $192,900   $115,293 
  Short-term investments 121,629   119,265 
  Accounts receivable 114,059   146,867 
  Inventories 537   730 
  Prepaid expenses 6,765   8,648 
  Deferred tax assets 6,404   — 

  442,294   390,803 
Fixed assets 59,008   74,208 
Other assets 20,850   30,581 

  $522,152   $495,592 

Liabilities
Current liabilities
  Accounts payable $ 26,387   $ 28,256 
  Accrued charges 34,210   21,830 
  Salaries, commissions, and related items 37,453   28,822 
  Income taxes payable 6,167   17,548 
  Deferred revenue 110,504   96,674 

  214,721   193,130 
Long-term liabilities 9,131   1,539 
Deferred income taxes 3,127   10,394 

  226,979   205,063 

Stockholders’ Equity
Capital stock
  Common shares
        (2002 - 87,997,220; 2001 - 87,885,161)
151,637   134,791 
Retained earnings 158,762   165,755 
Accumulated other comprehensive items (15,226)  (10,017)

  295,173   290,529 

  $522,152   $495,592 


COGNOS INCORPORATED
CONSOLIDATED STATEMENTS OF CASH FLOWS

(US$000s, U.S. GAAP)

  Three Months Ended
the Last Day of February
Years Ended the
Last Day of February
  2002  2001  2002  2001 

  (Unaudited)  
Cash provided by (used in) operating activities
   Net income $ 10,120   $ 22,138  $ 19,408   $ 64,260 
   Non-cash items
      Depreciation and amortization 8,450   7,202  31,031   23,657 
      Amortization of deferred stock-based compensation 1,683   713  3,341   1,233 
      Amortization of other deferred compensation 2,829   774  4,767   1,809 
      Write-off of acquired in-process technology —   —  —   3,000 
      Deferred income taxes (10,984)  (5,769) (13,111)  (3,853)
      Loss on disposal of fixed assets 531   346  1,114   561 

  12,629   25,404  46,550   90,667 
Change in non-cash working capital
   Decrease (increase) in accounts receivable (15,265)  (14,245) 29,605   (39,824)
   Decrease (increase) in inventories (27)  95  165   37 
   Decrease (increase) in prepaid expenses (365)  936  1,546   (731)
   Decrease in income tax assets 5,525  —  —   — 
   Increase (decrease) in accounts payable 2,693   1,189  (1,052) 4,320 
   Increase (decrease) in accrued charges 3,305   (2,848) 13,204   3,145 
   Increase in salaries, commissions, and related items 3,464   3,894  9,408   5,630 
   Increase (decrease) in income taxes payable 5,530   10,655  (11,218)  14,262 
   Increase in deferred revenue 26,174   22,026  15,481   21,467 

  43,663   47,106  103,689   98,973 

Cash provided by (used in) investing activities
   Maturity of short-term investments —   —  235,743   138,803 
   Purchase of short-term investments (8,939)  (2,445) (240,974)  (195,386)
   Additions to fixed assets (2,187)  (8,965) (12,588)  (51,963)
   Acquisition costs (2,193)  (117) (2,193)  (11,377)
   Proceeds from the sale of fixed assets —   759  —   759 

  (13,319)  (10,768) (20,012)  (119,164)

Cash provided by (used in) financing activities
   Issue of common shares 9,069   3,789  16,143   23,802 
   Repurchase of shares (9,047)  (11,934) (29,039)  (13,987)
   Increase in (repayment of) long-term debt and long-term liabilities 8,444   (2,879) 7,798   (5,293)

  8,466   (11,024) (5,098)  4,522 

Effect of exchange rate changes on cash (146)  124  (972)  (1,473)

Net increase (decrease) in cash and cash equivalents 38,664   25,438  77,607   (17,142)
Cash and cash equivalents, beginning of period 154,236   89,855  115,293   132,435 

Cash and cash equivalents, end of period 192,900   115,293  192,900   115,293 
Short-term investments, end of period 121,629   119,265  121,629   119,265 

Cash, cash equivalents, and short-term investments, end of period $314,529   $234,558  $314,529   $234,558 


Note to Editors:
Copies of previous Cognos press releases and Corporate and product information are available on Cognos' Web site at http://www.cognos.com, and at PR Newswire's site at http://www.prnewswire.com.

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