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DivX, Inc. Reports Second Quarter 2008 Financial Results

Second Quarter Revenue Increased 17% Year-Over-Year

DivX Continues to Expand Footprint into Emerging Product
Categories

SAN DIEGO, Aug 07, 2008 (BUSINESS WIRE) -- DivX, Inc. (NASDAQ:DIVX), a digital media company, today announced results for the second quarter ended June 30, 2008.

The Company reported revenue for the second quarter of $21.3 million, an increase of 16.6% compared to revenue of $18.3 million reported in the second quarter of last year.

GAAP net income in the second quarter of 2008 was approximately $1.7 million, or $0.05 per diluted share. DivX generated non-GAAP net income of $3.5 million, or $0.11 per diluted share. Non-GAAP net income excludes the following expenses: (1) non-cash share-based compensation of approximately $2.4 million ($1.5 million, or $0.04 per diluted share, net of related taxes); (2) the scheduled amortization of purchased intangible assets related to MainConcept of approximately $500,000 ($300,000, or $0.01 per diluted share, net of related taxes); and (3) asset impairment charges of $250,000 ($150,000, or $0.01 per diluted share, net of related taxes).

"We delivered strong financial and business results in the second quarter of 2008 and made progress toward achieving our mission of powering a seamless, high-quality digital media experience on any device," said Kevin Hell, Chief Executive Officer of DivX, Inc. "We are especially pleased with both the partner and product traction we are experiencing in emerging device categories, such as mobile, gaming, and digital televisions that we believe will drive our growth into the future."

The following table represents the Company's second quarter guidance provided on May 5, 2008 as compared with second quarter actual results:

                                                      Q2 '08 Guidance
                                                        (Provided on
                                         Q2 Actual      May 5, 2008)
                                      --------------- ----------------

Revenue (in millions)                      $21.3       $20.5 - $21.5

GAAP earnings per share, diluted           $0.05       $0.03 - $0.05

Adjustments:

  Non-cash share-based compensation
   expense, net of income taxes            $0.04           $0.04

  Impairment of intangible asset, net
   of income taxes                         $0.01           $0.01

  Amortization of purchased
   intangibles, net of income taxes        $0.01           $0.01

                                      --------------- ----------------
Non-GAAP earnings per share, diluted       $0.11       $0.09 - $0.11
                                      =============== ================


The Company reported revenue for the six months ended June 30, 2008 of $46.3 million, an increase of 20.4% compared to revenue of $38.5 million reported in the same period of 2007. GAAP net income for the six months ended June 30, 2008 was approximately $4.2 million, or $0.12 per diluted share. DivX generated non-GAAP net income of $9.7 million, or $0.28 per diluted share. Non-GAAP net income for the six month period excludes the following expenses: (1) non-cash share-based compensation of approximately $4.4 million ($2.6 million, or $0.08 per diluted share, net of related taxes); (2) Stage6 operating costs of $3.3 million ($2.0 million, or $0.06 per diluted share, net of related taxes), (3) the scheduled amortization of purchased intangible assets related to MainConcept of approximately $1.1 million ($600,000, or $0.02 per diluted share, net of related taxes), (4) asset impairment charges of approximately $1.3 million ($750,000, or $0.02 per diluted share, net of related taxes); and (5) a foreign exchange gain on a intercompany loan of approximately $500,000 ($300,000, or $0.01 per diluted share, net of related taxes).

"DivX continues to deliver solid financial results, even in the face of a challenging consumer spending environment," said Dan Halvorson, Executive Vice President and Chief Financial Officer. "Our business model is structured to maintain high gross margins and strong cash flow from operations which has enabled us to post positive earnings."

Commenting further on the Company's cash position, Halvorson stated, "We completed the Board-approved $20 million share repurchase program during the quarter with approximately 1.4 million shares repurchased this quarter for a total of 2.8 million shares repurchased since March 2008. Taking into consideration this use of cash, our balance sheet is solid with approximately $118 million in cash and investments or $3.66 per share. In addition, we generated approximately $5.6 million in cash from operations during the second quarter. Including working capital changes, cash used in operating activities was approximately $2.7 million, primarily due to a $6.0 million decrease in accrued expenses and payable balances, and an increase of approximately $1.6 million for our deferred tax asset."

2008 Fiscal Outlook

The following table summarizes the Company's financial guidance for the full fiscal year 2008:

                                                      FY '08 Guidance
                                                     -----------------

Revenue (in millions)                                    $95-$100

GAAP earnings per share, diluted                       $0.24 - $0.30

Adjustments:

  Non-cash share-based compensation expense, net of
   income taxes                                            $0.16

  Stage6 related expenses, net of income taxes             $0.06

  Impairment of intangible asset, net of income
   taxes                                                   $0.03

  Amortization of purchased intangibles, net of
   income taxes                                            $0.04

  FX (gain) / loss on intercompany loan, net of
   income taxes                                         ($0.01)(a)

                                                     -----------------
Non-GAAP earnings per share, diluted                   $0.52 - $0.58
                                                     =================

(a) No further impact is assumed for Euro FX fluctuation at this time.

These estimates are based on the Company's current business outlook as
 of the date of this press release and are based on:

1. A projected effective tax rate of approximately 41% (up from the
    40% previously projected) for the full 2008 fiscal year which is
    dependent on the effective tax rates in various domestic and
    foreign jurisdictions;

2. Anticipated non-cash share-based compensation expense of
    approximately $9.5 million ($5.5 million, or $0.16 per diluted
    share, net of related taxes) for the full 2008 fiscal year;

3. Stage6 related expenses of approximately $3.3 million ($2.0
    million, or $0.06 per diluted share, net of related taxes) for the
    full 2008 fiscal year which were incurred during the first
    quarter;

4. Impairment of intangible asset attributable to the write-off of
    milestones related to the acquisition of Veatros of approximately
    $1.3 million ($800,000 or $0.03 per diluted share, net of related
    taxes) for the full 2008 fiscal year;

5. The scheduled amortization of a purchased intangible asset related
    to the acquisition of MainConcept of approximately $2.2 million
    ($1.3 million, or $0.04 per diluted share, net of related taxes)
    for the full 2008 fiscal year;

6. Foreign currency exchange impact on the Euro-based intercompany
    loan between MainConcept and DivX of approximately $500,000
    ($300,000, or $0.01 gain per diluted share, net of income taxes)
    for the full 2008 fiscal year which was recognized during the
    first quarter;

7. Expected revenue for technology licensing of approximately 75% to
    85% of total revenue for the balance of the 2008 fiscal year;
    expected revenue for media and distribution services of
    approximately 15% to 25% of total revenue for the balance of the
    2008 fiscal year.


"We believe the fundamental growth drivers of our business remain strong, and notwithstanding the projected lower interest income on our investments and a higher effective tax rate, we are reiterating our full 2008 fiscal year revenue and earnings per share estimates," added Halvorson.

Quarterly Conference Call

DivX management will host a conference call and simultaneous audio webcast to discuss its second quarter 2008 results on August 7, 2008 at 1:30 p.m. Pacific Time or 4:30 p.m. Eastern Time. To participate in the call, please dial 877-397-0235 or outside the U.S. 719-325-4894 to access the conference call at least five minutes prior to the start time. A live audio webcast will be available on the Events and Presentations page at http://investors.divx.com.

In addition, an audio replay of the call will be available between 7:30 p.m. Eastern Time August 7, 2008 and Midnight, Eastern Time August 13, 2008 by calling 888-203-1112 or 719-457-0820, with passcode 9429748.

About DivX, Inc.

DivX, Inc. is a digital media company that enables consumers to enjoy a high-quality video experience across any kind of device. DivX creates, distributes and licenses digital video technologies that span the "three screens" comprising today's consumer media environment -- the PC, the television and mobile devices. Over 100 million DivX Certified devices have shipped into the market from leading consumer electronics manufacturers. DivX also offers content providers and publishers a complete solution for the distribution of secure, high-quality digital video content. Driven by a globally recognized brand and a passionate community of hundreds of millions of consumers, DivX is simplifying the video experience to enable the digital home.

Forward-Looking Statements

Statements in this press release that are not strictly historical in nature constitute "forward-looking statements." Such statements include, but are not limited to, the Company's position in the digital media space and progress in emerging device categories, and anticipated financial results for the full year 2008. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause DivX's actual results to be materially different from historical results or from any results expressed or implied by such forward-looking statements. These factors include, but are not limited to: the risk that customer use of DivX technology may not grow as anticipated; the risk that anticipated market opportunities may not materialize at expected levels, or at all; the risk that the Company's activities may not result in the growth of profitable revenue; the risk that the Company's financial performance for the full 2008 fiscal year may not meet expectations; risks and uncertainties related to the maintenance and strength of the DivX brand; DivX's ability to penetrate existing and new markets; the effects of competition; DivX's dependence on its licensees and partners; the effect of intellectual property rights claims; and other factors discussed in the "Risk Factors" section of DivX's most recent report filed with the Securities and Exchange Commission on May 12, 2008. All forward-looking statements are qualified in their entirety by this cautionary statement. DivX is providing this information as of the date of this release and does not undertake any obligation to update any forward-looking statements contained in this release as a result of new information, future events or otherwise, other than as required under applicable securities laws.

Non-GAAP Financial Measures; GAAP EPS

DivX has provided in this release financial information that has not been prepared in accordance with GAAP. This information includes non-GAAP net income and diluted earnings per share, which excludes non-cash share-based compensation expense, costs related to Stage6, asset impairment charges, amortization of purchased intangible assets and foreign currency impact on a Euro-based intercompany loan. This non-GAAP information is provided to enhance the reader's overall understanding of our current financial performance and prospects for the future. Specifically, we believe this information provides useful comparative data by excluding non-cash share-based compensation expense, which is not consistent from period-to-period. Also, we believe that the exclusion of Stage6 expenses, asset impairment charges, amortization of purchased intangible asset and foreign currency impact on a Euro-based intercompany loan provides useful comparative data by reflecting our business operations in a manner that is consistent with expected future operations. Management has historically used non-GAAP net income and non-GAAP earnings per share when evaluating operating performance because we believe the exclusion of the items described above provides an additional measure of our core operating results and facilitates comparisons of our core operating performance against prior periods and our business model objectives. The presentation of this additional information should not be considered in isolation or as a substitute for results prepared in accordance with accounting principles generally accepted in the United States.

We will continue to evaluate the factors that might impact non-cash share-based compensation expense and accruals for income tax expense. The non-cash share-based compensation expense is expected to vary depending on the number of new grants issued to both current and new employees, and changes in the Company's stock price, stock market volatility, expected option life, and risk-free interest rates (all of which are difficult to estimate). In addition, the factors that impact our deferred tax assets are expected to vary from period-to-period, also making our effective tax rate difficult to estimate.

                              DivX, Inc.
                CONSOLIDATED CONDENSED BALANCE SHEETS
                            (in thousands)

                                               June 30,   December 31,
                                                 2008         2007
                                             ------------ ------------
                                                    (unaudited)
Assets
Current assets:
  Cash and cash equivalents                  $     28,785 $     14,532
  Short-term investments                           71,562      126,503
  Accounts receivable, net                         16,148       10,397
  Deferred tax assets, current                      4,254        2,699
  Prepaid expenses and other current assets         3,227        5,318
                                             ------------ ------------
      Total current assets                        123,976      159,449

Property and equipment, net                         5,108        5,402
Long-term investments                              17,645            -
Deferred tax assets, long-term                      7,499        5,354
Purchased intangible assets, net                   14,309       14,261
Goodwill                                           11,358       11,000
Other assets                                        5,908        5,422
                                             ------------ ------------
      Total assets                           $    185,803 $    200,888
                                             ============ ============

Liabilities and stockholders' equity
Current liabilities:
  Accounts payable                           $      1,158 $      2,808
  Accrued expenses                                  7,332       11,061
  Deferred revenue                                  8,679        7,170
                                             ------------ ------------
      Total current liabilities                    17,169       21,039

Long-term liabilities                               3,691        4,409
                                             ------------ ------------
      Total liabilities                            20,860       25,448

Stockholders' equity                              164,943      175,440
                                             ------------ ------------
      Total liabilities and stockholders'
       equity                                $    185,803 $    200,888
                                             ============ ============

                              DivX, Inc.
             CONSOLIDATED CONDENSED STATEMENTS OF INCOME
                (in thousands, except per share data)
                             (unaudited)

                                  Three Months Ended Six Months Ended
                                       June 30,          June 30,
                                  ------------------ -----------------
                                     2008     2007     2008     2007
                                  --------- -------- -------- --------

Net revenues:
 Technology licensing              $16,410  $14,229  $35,488  $30,931
 Media and other distribution and
  services                           4,909    4,050   10,853    7,566
                                  --------- -------- -------- --------
  Total net revenues                21,319   18,279   46,341   38,497

Cost of revenue:
 Cost of technology licensing          956      820    1,992    1,668
 Cost of media and other
  distribution and services (1)        186      157      358      418
                                  --------- -------- -------- --------
  Total cost of revenues             1,142      977    2,350    2,086
                                  --------- -------- -------- --------

Gross margin                        20,177   17,302   43,991   36,411

Operating expenses:
 Selling, general and
  administrative (1) (2)            12,573   13,007   28,550   23,803
 Product development (1) (2)         5,366    4,636   10,791    8,792
 Impairment of acquired
  intangibles                          250        -    1,250        -
                                  --------- -------- -------- --------
  Total operating expenses          18,189   17,643   40,591   32,595
                                  --------- -------- -------- --------
Income (loss) from operations        1,988     (341)   3,400    3,816

Interest income (expense), net       1,110    2,024    2,767    3,927
Other income (expense)                 (15)       -      502        -
                                  --------- -------- -------- --------
Income before income taxes           3,083    1,683    6,669    7,743
Income tax provision                 1,406      680    2,511    3,080
                                  --------- -------- -------- --------
Net income                         $ 1,677  $ 1,003  $ 4,158  $ 4,663
                                  ========= ======== ======== ========


Basic earnings per share           $  0.05  $  0.03  $  0.12  $  0.14
                                  ========= ======== ======== ========
Diluted earnings per share         $  0.05  $  0.03  $  0.12  $  0.13
                                  ========= ======== ======== ========

Shares used to compute basic
 earnings per share                 32,399   33,754   33,548   33,454
                                  ========= ======== ======== ========
Shares used to compute diluted
 earnings per share                 32,907   35,401   34,132   35,409
                                  ========= ======== ======== ========


----------------------------------------------------------------------

(1) Includes share-based
 compensation expense as follows:
Cost of revenue                    $     -  $     1  $     -  $     2
Selling, general and
 administrative                      1,852    1,562    3,370    2,075
Product development                    574      527    1,063      957
                                  --------- -------- -------- --------
                                  $  2,426  $ 2,090  $ 4,433  $ 3,034
                                  ========= ======== ======== ========

(2) Includes Stage6 related
 expenses as follows:
Selling, general and
 administrative                    $     -  $ 2,209  $ 3,103  $ 3,151
Product development                      -      148      230      244
                                  --------- -------- -------- --------
                                   $     -  $ 2,357  $ 3,333  $ 3,395
                                  ========= ======== ======== ========

                              DivX, Inc.
           UNAUDITED RECONCILIATION OF NON-GAAP ADJUSTMENTS
                (in thousands, except per share data)

                                  Three Months Ended Six Months Ended
                                       June 30,          June 30,
                                  ------------------ -----------------
                                     2008     2007     2008     2007
                                  --------- -------- -------- --------
Net Income:
 GAAP net income                   $ 1,677  $ 1,003  $ 4,158  $ 4,663
  Share-based compensation
   expense                           2,426    2,090    4,433    3,034
  Stage6 related expenses                -    2,357    3,333    3,395
  Impairment of intangible asset       250        -    1,250        -
  Amortization of purchased
   intangibles                         531        -    1,058        -
  FX (gain) / loss on
   intercompany loan                     7        -     (458)
  Income tax effects of pre-tax
   adjustments                      (1,431)  (1,802)  (4,082)  (2,605)

                                  --------- -------- -------- --------
 Non-GAAP net income               $ 3,460  $ 3,648  $ 9,692  $ 8,487
                                  ========= ======== ======== ========

Diluted earnings per share:
 GAAP diluted earnings per share   $  0.05  $  0.03  $  0.12  $  0.13
  Share-based compensation
   expense                            0.07     0.05     0.13     0.08
  Stage6 related expenses                -     0.07     0.09     0.10
  Impairment of intangible asset      0.01        -     0.04        -
  Amortization of purchased
   intangibles                        0.02        -     0.03        -
  FX (gain) / loss on
   intercompany loan                  0.00        -    (0.01)       -
  Income tax effects of pre-tax
   adjustments                       (0.04)   (0.05)   (0.12)   (0.07)

                                  --------- -------- -------- --------
 Non-GAAP diluted earnings per
  share                            $  0.11  $  0.10  $  0.28  $  0.24
                                  ========= ======== ======== ========


 Non-GAAP shares used to compute
  diluted earnings per share        32,907   35,401   34,132   35,409
                                  ========= ======== ======== ========


The following table sets forth the computation of Non-GAAP basic and
 diluted earnings per share:

Numerator:
 Net income                        $ 3,460  $ 3,648  $ 9,692  $ 8,487

Denominator:
 Weighted-average common shares
  outstanding (basic)               32,399   33,754   33,548   33,454
                                  ========= ======== ======== ========

 Weighted-average common shares
  outstanding (diluted)             32,907   35,401   34,132   35,409
                                  ========= ======== ======== ========

Basic earnings per share           $  0.11  $  0.11  $  0.29  $  0.25
                                  ========= ======== ======== ========

Diluted earnings per share         $  0.11  $  0.10  $  0.28  $  0.24
                                  ========= ======== ======== ========

                              DivX, Inc.
            CONSOLIDATED CONDENSED STATEMENTS OF CASH FLOW
                            (in thousands)
                             (unaudited)

                                Three Months Ended  Six Months Ended
                                     June 30,           June 30,
                                ------------------ -------------------
                                  2008     2007      2008      2007
                                -------- --------- --------- ---------


Net cash provided by (used in)
 operating activities           $(2,678) $    354  $  1,392  $  7,593

Net cash provided by (used in)
 investing activities            17,936   (20,495)   32,188   (67,678)

Net cash (used in) provided by
 financing activities            (9,564)      172   (19,382)    1,097

Effect of exchange rate changes
 on cash                              9         -        55         -
                                -------- --------- --------- ---------

Net increase (decrease) in cash
 and cash equivalents             5,703   (19,969)   14,253   (58,988)
Cash and cash equivalents at
 beginning of period             23,082    47,291    14,532    86,310
                                -------- --------- --------- ---------

Cash and cash equivalents at
 end of period                  $28,785  $ 27,322  $ 28,785  $ 27,322
                                ======== ========= ========= =========

SOURCE: DivX, Inc.

DivX, Inc.
Karen Fisher, 858-882-6415 (Investor Relations)
kfisher@divxcorp.com
Tom Huntington, 858-882-0672 (Media)
thuntington@divxcorp.com

Copyright Business Wire 2008

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