OTTAWA, CANADA--(Marketwire - Nov 6, 2012) - Wi-LAN Inc. ("WiLAN" or the "Company") (WIN.TO)(WILN) today announced financial results for the third quarter of fiscal year 2012 ended September 30, 2012. All financial information in this press release is reported in U.S. dollars, unless otherwise indicated.

Third Quarter 2012 Highlights

• Revenues of $21.3 million, exceeding our guidance of $19.9 million.
• Adjusted earnings* of $9.3 million, or 8 cents per share.
• Order issued consolidating two litigations involving Apple, HTC and other parties, beginning of trial proceedings against Apple and other parties advanced by six months.
• Signed a licensing partnership agreement with SENSIO Technologies Inc.
• Invested $19.0 million to acquire a portfolio of more than 150 patents and applications, with broad applicability to 4G infrastructure and handsets, from Alvarion Inc.
• Acquired a portfolio of more than 40 patents and applications from Siemens AG related to telecommunication network management and mobile multimedia.
• Returned $4.8 million to shareholders in dividend and share buyback payments.
• Generated $9.8 million in cash from operations.
• Held cash and cash equivalents and short-term investments of $173.2 million at September 30, 2012.

"WiLAN delivered strong financial performance in the third quarter of 2012," said Jim Skippen, President & CEO. "New license agreements signed in the quarter resulted in our revenue exceeding guidance."

Added Skippen, "We continued to invest in the future of our business with the purchase of a portfolio of 4G-related patents from Alvarion that we believe add significant value to prospective licensees of our wireless technology portfolio. True to our word that we are prepared to use litigation to encourage prospective licensees to come to the table for serious negotiations, we stepped up our litigation efforts early in the fourth quarter with the launching of four new litigations."

Eligible Dividend

The Board of Directors has declared an eligible dividend of CDN $0.035 per common share to be paid on January 7, 2012 to shareholders of record on December 14, 2012.

Third Quarter 2012 Revenue Review

In the three month period ended September 30, 2012, WiLAN generated revenues of $21.3 million, as compared to $27.8 million in the three month period ended September 30, 2011. The decrease in revenue compared to the prior year period is primarily attributable to the timing of fixed payment amounts as a result of the significant license agreements signed during the first quarter of 2011, some of which required payments that were one-time in nature and some of which had more significant upfront payments. For the three month period ended September 30, 2012, the top 10 licensees accounted for 86% of revenues, whereas the top 10 accounted for 80% of revenues in the three month period ended September 30, 2011.

Third Quarter 2012 Operating Expense Review

In the three month period ended September 30, 2012, cost of revenue totaled $7.7 million as compared to $7.2 million in the three month period ended September 30, 2011. For the nine month period ended September 30, 2012, cost of revenues totaled $22.1 million as compared to $19.6 million in the same period last year. The increase in expenses for the three and nine months ended September 30, 2012 is primarily attributable to an increase in compensation costs as a result of increased staffing levels, and amortization expense as a result of patent acquisitions we completed during fiscal 2011, partially offset by a decrease in royalties.

Marketing, general and administrative ("MG&A") expenses represent the cost of litigation and all corporate services. For the three months ended September 30, 2012, MG&A expenses amounted to $10.4 million as compared to $5.1 million for the three months ended September 30, 2011. The increase in spending for the three months ended September 30, 2012 is primarily attributable to an increase in litigation expenses partially offset by a decrease in incentive costs and stock-based compensation.

For the three months ended September 30, 2012, litigation expenses amounted to $7.1 million compared to $1.2 million for the same period last year. The increase in litigation expenses over the prior year period is partially attributable to an increased level of effort in three separate patent infringement litigations in the U.S. District Court for the Eastern District of Texas ("EDTX"). The increased level of effort was required in ongoing preparations for two Markman Hearings that are scheduled to take place in February 2013 and preparations for a trial that is scheduled to begin in April 2013. The increase in litigation expenses is also due to the conduct of proceedings in a patent infringement litigation in the U.S. District Court for the Southern District of Florida that was filed in January 2012 and preparation for litigations launched early in the fourth quarter of 2012.

Third Quarter 2012 Earnings Review

In the third quarter ended September 30, 2012, WiLAN generated adjusted earnings of $9.3 million or 8 cents per share as compared to $22.8 million, or 18 cents per share, in the comparative period. The decrease in adjusted earnings between the reporting periods is primarily attributable to lower revenues and higher investment in litigation, for the purpose of driving future revenue growth.

The Company''s GAAP earnings were $2.2 million, or 2 cents per share on a basic level, in the three month period ended September 30, 2012, as compared to GAAP earnings of $7.3 million, or 6 cents per share on a basic level, in the same period last year.

Third Quarter 2012 Balance Sheet and Cash Flow Review

At September 30, 2012, the Company''s net cash, comprised of cash and cash equivalents and short-term investments, totaled $173.2 million, representing a decrease of $260.5 million from the net cash position at December 30, 2011. The decrease is primarily attributable to the retirement of the Debenture, the acquisition of patents and other intangibles totaling $24.3 million, the returning of $26.1 million to shareholders in dividend and share buyback payments, offset by $28.1 million in cash generated from operations. The Company''s cash equivalents and short-term investments include T-bills, term deposits and GICs.

During the third quarter ended September 30, 2012, the Company generated $9.8 million of cash from operations and returned $4.8 million to shareholders in share buyback and dividend payments.

Fourth Quarter 2012 Financial Guidance

For the fourth quarter 2012 ending December 31, 2012, the Company expects revenue to be at least $20.7 million. This revenue guidance does not include the potential impact of any new agreements that may be signed during the balance of the fourth quarter of 2012 or the potential impact of any royalties identified in audits conducted by the Company. Operating expenses for the fourth quarter are expected to be in the range of $12.8 million to $14.5 million of which $7.7 million to $8.7 million is expected to be litigation expense. For the fourth quarter of 2012, and assuming no additional agreements are signed, adjusted earnings are expected to be in the range of $6.2 million to $7.9 million.

The above statements are forward-looking and actual results may differ materially. The "Forward-looking Information" section at the end of this press release provides information on various risks and uncertainties that the Company faces. Additional information identifying risks and uncertainties relating to the Company''s business are discussed in greater detail in the "Risk Factors" section of WiLAN''s AIF for the 2011 fiscal year dated March 9, 2012 (copies of which may be obtained at www.sedar.com or www.sec.gov). Financial guidance is provided to assist investors and other interested parties in understanding WiLAN''s performance. The reader is cautioned that using this information for any other purpose may be inappropriate.

The Company''s revenues result primarily from the licensing of intellectual property which, by its very nature, is directly affected by the timing of the closure of license agreements, the nature and extent of specific licenses including actual rates, product sales by licensees which can be subject to seasonality as well as overall market demands and the timeliness of the receipt of licensee royalty reports. In addition, certain revenues may be of a one-time nature.

The above guidance for the three month period ended December 31, 2012 reflects our current business indicators and expectations and is subject to fluctuations in foreign currency exchange rates. Due to their nature, certain income and expense items, such as significant settlements from companies involved in current enforcement actions, brokerage opportunities, new significant litigation or defense actions that could arise during the quarter, losses on asset impairments or realized foreign exchange losses cannot be accurately forecast. Accordingly, we exclude forecasts of such items from our guidance. Actual revenues reported may exceed the guidance provided due to the receipt of royalty reports, signing of new license agreements and completion of licensee audits, all after the guidance is provided.

WiLAN''s imperative is to negotiate the best possible license as measured over the long-term and accordingly, the timing of actual license signings may vary from that forecasted. Actual results may vary materially from the guidance provided as a consequence of the above noted factors.