Transmeta Takes On Intel
By Nicole Ridgway Published: October 12, 2006
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Transmeta Corp. (TMTA)
Share price as of Wednesday's close: $1.12
Share price now: $1.27
Percent change: 13.4%
Volume: 14.5 million shares, daily average 1.4 million
The News
In a move that echoes David's challenge of Goliath, microprocessor maker Transmeta (TMTA: 1.27, +0.15, +13.4%) is taking the giant of its industry, Intel (INTC: 21.49, +0.60, +2.9%), to court.
Transmeta filed a lawsuit in the federal district court in Delaware that said Intel had violated 10 of its patents. Transmeta claims that Intel used its technology in its Pentium III, Pentium 4, Pentium M, Core and Core 2 products. Both companies are based in Santa Clara, Calif.
Those processors, says Transmeta, have accounted for more than $100 billion in revenue for Intel over the years, and Transmeta believes it has a right to claim some of that revenue in the form of royalties. The company is also seeking an injunction that would bar Intel from selling the microprocessors that allegedly infringe on Transmeta's patents.
Transmeta says that it tried to reach an amicable agreement with Intel before heading to the courts, but it didn't pan out. "After endeavoring to negotiate with Intel for fair compensation for the continued use of our intellectual property, we have concluded that we must turn to the judicial system to be fairly compensated for our inventions," said John O'Hara Horsely, Transmeta's general counsel, in a statement.
News of the legal action, which was released after the markets closed Wednesday, led Transmeta's shares 13% higher to $1.27 Thursday. For Intel's shares the lawsuit held no sway. The chip maker's stock closed nearly 3% higher.
The Analysis
Transmeta investors hoping for a big settlement payment from Intel should be ready for a long and costly legal battle.
"We're continuing to study the complaint. But after preliminary analysis, we dispute the claims of infringement and we plan to conduct a vigorous defense," says Intel spokesman Chuck Mulloy.
Transmeta is not only asking for an undisclosed amount of royalties that could reach into the billions of dollars, but it's also trying to stop Intel from selling some of its most popular and lucrative microprocessors. No company would take that lying down, and Intel, which reported $38.8 billion in revenue last year, has enough cash behind it to build its legal defense.
The case probably won't be heard before the court in Delaware for another 12 to 18 months. And if it goes to trial — a big if — it won't be until 2008.
"We suspect that if there is no settlement and the case does proceed through discovery to trial, Transmeta might incur meaningful legal costs in 2007 and 2008," wrote A.G. Edwards analyst David Wong in a research report Thursday.
Patent-infringement suits often trigger countersuits, adds Wong. That could make the whole affair even more complicated and costly, especially for a company that's having a hard time turning a profit. According to Thomson First Call, a consensus estimate of analysts expects Transmeta to report a loss of 10 cents a share in 2006 and a loss of eight cents in 2007.
Wong has a Sell rating on the stock, noting that the company is currently trading at 4.5 times his 2007 sales estimate of $51 million when it should be trading closer to three to four times revenue. The analyst also cited the company's projected losses and negative cash flows. (A.G. Edwards makes a market in Transmeta's shares.)
The Bottom Line
The lawsuit filed against Intel is part of a broader move by Transmeta to transition its business toward the licensing of its intellectual property and away from the selling of microprocessors. Thus far, the gambit has proven somewhat fruitful for the company.
In 2003, Transmeta recorded just $1 million of its $17.3 million in revenue from the licensing of its technology and services. Last year, $48.1 million of its $72.7 million in revenue came from licensing agreements. Among its client roster are tech heavyweights Sony (SNE: 39.05, +0.41, +1.1%), Microsoft (MSFT: 28.22, +0.68, +2.5%) and Toshiba.
But being in the intellectual-property business means sometimes things get sticky. "As a part of our business decision last year to increasingly focus on monetizing our IP through technology licensing, we understood that in some cases we might need to pursue enforcement through the courts," said Arthur L. Swift, Transmeta's president and chief executive, in a statement. The patent-infringement suit against Intel is the first such case.
In this instance, though, Transmeta might've underestimated just what it'll take to take down this giant.
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