AngioDynamics Reports Fiscal Third Quarter 2008 Financial Results and Announces Settlement of Patent Litigation With Diomed

April 2, 2008 at 12:00 AM EDT
AngioDynamics Reports Fiscal Third Quarter 2008 Financial Results and Announces Settlement of Patent Litigation With Diomed

-- Sales Increase 52% to $40.7 Million
-- Net Income (including settlement with Diomed) of $4.9 Million and EPS of $0.20
-- Adjusted Income (Non GAAP) of $7.2 Million and Adjusted EPS (Non GAAP) of $0.30 Per Share
-- Record Cash Flow from Operations of $9.9 Million During Quarter
-- Conference Call Begins Today at 4:30 p.m. Eastern Time

QUEENSBURY, N.Y.--(BUSINESS WIRE)--April 2, 2008--AngioDynamics (NASDAQ:ANGO), a leading provider of innovative medical devices used by interventional radiologists, nephrologists, and surgeons for the minimally invasive treatment of cancer and peripheral vascular disease, today reported financial results for the fiscal third quarter of 2008, which ended on February 29, 2008.

The Company also announced it has entered into a settlement agreement with Diomed Inc. (AMEX:DIO), for the purpose of resolving the patent infringement lawsuit between the companies originally filed in January 2004. As a result of the settlement, AngioDynamics reduced its litigation provision and recorded a gain, net of costs, of approximately $3.2 million pre-tax, $2.0 million after-tax, and $0.08 in earnings per share, as reflected in the fiscal third quarter results.

AngioDynamics reported $40.7 million in net sales in the fiscal third quarter, a 52% increase over the $26.7 million reported in the third quarter a year ago. Gross margin rose to 62.2% from 59.6% in the prior year third quarter. Operating income in the third quarter of 2008 was $7.6 million and net income was $4.9 million, or $0.20 per share, which includes the gain from the settlement with Diomed. Excluding this gain, operating income was $4.5 million and net income was $ 2.9 million, or $0.12 per share, compared with a net loss of $16.4 million, or $0.88 per share, in the third quarter of 2007. In last year's fiscal third quarter, the Company's net loss included a litigation provision for Diomed and an in-process R&D charge associated with the January 29, 2007 acquisition of RITA Medical Systems.

The Company reported $9.9 million in cash flow from operations in the fiscal third quarter and $20.1 million fiscal year to date -- a nearly six-fold increase over the $3.4 million reported in the prior fiscal year to date period. Cash and investments totaled $88.8 million at quarter end.

"We continue to generate strong oncology product sales growth this fiscal year -- 26% pro forma growth in the quarter and 24% year to date," said Eamonn Hobbs, president and chief executive officer. "Interventional product sales grew 10% on a pro forma basis this quarter, which was a lower growth rate than we expected. Price competition in the dialysis market, slower sales growth in vascular access and ports products, and delays in shipping our NeverTouch™ VenaCure® procedure kits and the recently launched Centros™ dialysis catheter all had an impact on the Interventional product sales growth during the quarter. Nonetheless, we were able to significantly improve gross profit margins, maintain healthy operating income and generate nearly $10 million in operating cash flow in the quarter," added Mr. Hobbs.

"Following a comprehensive internal review of our sales force, competitive position, industry and economic trends and sales strategy, we recently implemented a five-step plan to drive consistent growth. We believe the keys to achieving consistent growth include additions to our sales force, a more rapid R&D pipeline conversion, tuck-in acquisitions, improved product life-cycle management, and a more focused approach to the national account market. Our organization is focused on executing this plan," said Mr. Hobbs.

Of the $40.7 million in third quarter net sales, AngioDynamics products constituted $25.4 million and RITA Medical products constituted $15.3 million. AngioDynamics product sales grew 12% in the third quarter over the prior year quarter. On a pro forma basis, RITA Medical product sales grew 17% in the third quarter versus the comparable period a year ago. Total Company net sales grew 14% in the third quarter on a pro forma basis over the prior year third quarter.

For the nine months of fiscal 2008, net sales were $119.7 million, which is 68% higher than net sales of $71.4 million for the same period of fiscal 2007. Net income for the nine months of fiscal 2008 was $10.4 million, or $0.43 per diluted share, compared to a net loss of $12.1 million or $0.73 per share in the comparable prior year period.

During the quarter, AngioDynamics highlighted results from a preliminary study of Centros™, a self-centering, tunneled hemodialysis access catheter. The preliminary results were presented by Dr. Stephen Ash at the International Symposium on Endovascular Therapy in January. In addition, the Company continues to work with Oncobionic on the Irreversible Electroporation (IRE) development program. A human malignant prostate clinical trial in Florida began this week while a similar trial in Italy is now expected to begin this month.

Fiscal 2008 Guidance

The Company's outlook for fiscal 2008 is as follows:

-- Net sales in the range of $165-$167 million

-- Gross profit margin in the range of 61-62%

-- GAAP operating income in the range of $22-23 million

-- GAAP EPS in the range of $0.58-$0.61

-- Non-GAAP adjusted income of at least $29 million. Non-GAAP adjusted income excludes stock-based compensation, amortization of intangibles, settlement of Diomed patent litigation, and includes the cash benefit from the use of NOLs.

AngioDynamics is currently in the midst of its fiscal 2009 planning process. As a result, the Company currently expects to provide guidance for fiscal 2009 after the completion of the current fiscal year, which ends May 31, 2008.

Patent Litigation Settlement with Diomed

Under the Settlement Agreement with Diomed, all claims and appeals by each side will be dismissed following a one-time payment of $7 million from AngioDynamics to Diomed in full and final satisfaction of the monetary judgment related to the alleged infringement of U.S. Patent No 6,398,777. Following the March 2007 jury verdict and subsequent monetary judgment award, AngioDynamics recorded a $9.6 million litigation provision in its fiscal third quarter of 2007 and the provision had increased to $10.2 million primarily as a result of interest accrued on the award.

"We elected to end what has been a major distraction for our management team at a cost to our Company that is less than the amount Diomed was awarded by the judge after the jury verdict in late March of last year," said Mr. Hobbs. "As a result of the settlement, we will now have additional cash to invest in the growth of our business."

On January 6, 2004, Diomed filed an action against AngioDynamics and a codefendant over Diomed's U.S. patent No. 6,398,777, asserting infringement by AngioDynamics' VenaCure® product line. On March 28, 2007, a jury ruled in favor of Diomed in the Federal District Court in Boston, Massachusetts. AngioDynamics had appealed the verdict with the U.S. Court of Appeals, Federal Circuit, and oral arguments were expected to be presented in March or April of this year. All of these events have been previously disclosed by AngioDynamics.

Conference Call

AngioDynamics management will host a conference call to discuss these announcements today beginning at 4:30 p.m. Eastern Time. To participate in the call, please dial (800) 240-4186 from the U.S. or (303) 262-2139 from outside the U.S.

In addition, individuals can listen to the call on the Internet by visiting the investor relations portion of the Company's Web site at http://investor.angiodynamics.com. To listen to the live call, please go to the website 15 minutes prior to its start to register, download, and install the necessary audio software.

A replay will be available on the website. A telephone replay will be available from 7:30 p.m. Eastern time on April 2, 2008 through 11:59 p.m. Eastern time on April 9 by dialing (800) 405-2236 (domestic) or (303) 590-3000 (international) and entering the passcode: 11110709#.

Use of Non-GAAP Measures

Management uses non-GAAP measures to establish operational goals, and believes that non-GAAP measures may assist investors in analyzing the underlying trends in the Company's business over time. Investors should consider these non-GAAP measures in addition to, not as a substitute for or as superior to, financial reporting measures prepared in accordance with GAAP. In this news release, the Company has reported non-GAAP adjusted income and adjusted EPS. Adjusted income and adjusted EPS excludes amortization of purchased intangibles, stock-based compensation expense (net of tax), and includes the cash benefit from the use of acquired net operating losses. In addition, the Diomed litigation provision and the related gain on settlement have also been excluded from adjusted income. In the prior fiscal year, non-GAAP adjusted income and EPS also excludes the RITA Medical acquired in process R&D charge. Management uses these measures in its internal analysis and review of operational performance. Management believes that these measures provide investors with useful information in comparing the Company's performance over different periods, particularly when comparing this period to periods in which the Company did not incur any expenses relating to these activities or items. By using these non-GAAP measures, management believes that investors get a better picture of the performance of the Company's underlying business. Management encourages investors to review the Company's financial results prepared in accordance with GAAP to understand the Company's performance taking into account all relevant factors, including those that may only occur from time to time but have a material impact on the Company's financial results. Please see the tables that follow for a reconciliation of GAAP to non-GAAP measures.

About AngioDynamics

AngioDynamics, Inc. is a leading provider of innovative medical devices used by interventional radiologists, surgeons, and other physicians for the minimally invasive treatment of cancer and peripheral vascular disease. The Company's diverse product line includes market-leading radiofrequency ablation systems, vascular access products, angiographic products and accessories, dialysis products, angioplasty products, drainage products, thrombolytic products, embolization products and venous products. More information is available at www.angiodynamics.com.

Safe Harbor

The statements made in this document include forward-looking statements intended to qualify for the safe harbor from liability established by the Private Securities Litigation Reform Act of 1995. Words such as "expects," "reaffirms" "intends," "anticipates," "plans," "believes," "seeks," "estimates," or variations of such words and similar expressions, are intended to identify such forward-looking statements. Investors are cautioned that actual events or results may differ from the Company's expectations. In addition to the matters described above, the ability of the Company to develop its products, future actions by the FDA or other regulatory agencies, results of pending or future clinical trials, overall economic conditions, general market conditions, market acceptance, foreign currency exchange rate fluctuations, the effects on pricing from group purchasing organizations and competition, as well as the risk factors listed from time to time in the SEC filings of AngioDynamics, Inc., including but not limited to its Annual Report on Form 10-K for the year ended June 2, 2007, may affect the actual results achieved by the Company. The Company does not assume any obligation to publicly update or revise any forward-looking statements for any reason.

                 ANGIODYNAMICS, INC. AND SUBSIDIARIES
                    CONSOLIDATED INCOME STATEMENTS
                (in thousands, except per share data)


                               Three months ended   Nine months ended
                               ------------------- -------------------
                                Feb 29,   Mar 3,    Feb 29,   Mar 3,
                                 2008      2007      2008      2007
                               --------- --------- --------- ---------
                                   (unaudited)         (unaudited)

Net sales                      $ 40,725  $ 26,738  $119,748  $ 71,372
Cost of sales (1)                15,407    10,789    46,474    29,253
                               --------- --------- --------- ---------
    Gross profit                 25,318    15,949    73,274    42,119
                               --------- --------- --------- ---------
    % of net sales                 62.2%     59.6%     61.2%     59.0%

Operating expenses
  Research and development (1)    3,955    14,248    10,360    17,512
  Sales and marketing (1)        11,725     8,048    33,540    20,467
  General and administrative
   (1)                            3,409     3,571    11,604     9,095
  Amortization of purchased
   intangibles                    1,777       566     5,006       702
  Litigation provision (gain
   on settlement)                (3,151)    9,600    (3,151)    9,600
                               --------- --------- --------- ---------
    Total operating expenses     17,715    36,033    57,359    57,376
                               --------- --------- --------- ---------
    Operating income (loss)       7,603   (20,084)   15,915   (15,257)
Other income, net                   238     1,045       688     3,263
                               --------- --------- --------- ---------
    Income (loss) before
     income taxes                 7,841   (19,039)   16,603   (11,994)
Provision for (benefit from)
 income taxes                     2,951    (2,634)    6,233        59
                               --------- --------- --------- ---------
    Net income (loss)          $  4,890  $(16,405) $ 10,370  $(12,053)
                               ========= ========= ========= =========

Earnings per common share
    Basic                      $   0.20  $  (0.88) $   0.43  $  (0.73)
    Diluted                    $   0.20  $  (0.88) $   0.43  $  (0.73)

Weighted average common shares
    Basic                        24,123    18,694    24,042    16,613
    Diluted                      24,404    18,694    24,343    16,613


                 ANGIODYNAMICS, INC. AND SUBSIDIARIES
                    CONSOLIDATED INCOME STATEMENTS
                (in thousands, except per share data)


                               Three months ended   Nine months ended
                               ------------------- -------------------
                                Feb 29,   Mar 3,    Feb 29,   Mar 3,
                                 2008      2007      2008      2007
                               --------- --------- --------- ---------
                                   (unaudited)         (unaudited)
(1) Includes stock-based
 compensation charges of:

    Cost of sales              $    164  $    128  $    479  $    318
    Research and development        208       174       611       439
    Sales and marketing             377       301     1,102       677
    General and administrative      363       409     1,466       996
                               --------- --------- --------- ---------
      Total stock-based
       compensation               1,112     1,012     3,658     2,430
    Less: tax benefit              (336)     (326)   (1,113)     (822)
                               --------- --------- --------- ---------
      Net stock-based
       compensation            $    776  $    686  $  2,545  $  1,608
                               ========= ========= ========= =========


Reconciliation of Net Income
 to non-GAAP adjusted income:

Net income (loss)              $  4,890  $(16,405) $ 10,370  $(12,053)

Stock-based compensation          1,112     1,012     3,658     2,430
Amortization of purchased
 intangibles                      1,777       566     5,006       702
Cash benefit from use of NOL's    1,724         -     4,714         -
Litigation provision (gain on
 settlement)                     (3,151)    9,600    (3,151)    9,600
Acquired in process R&D               -    12,100         -    12,100
                               --------- --------- --------- ---------
    Adjusted income before
     taxes                        6,352     6,873    20,597    12,779
Effect of income taxes              855    (3,974)       78    (4,470)
                               --------- --------- --------- ---------
    Adjusted income            $  7,207  $  2,899  $ 20,675  $  8,309
                               ========= ========= ========= =========

Adjusted income per common
 share
    Basic                      $   0.30  $   0.16  $   0.86  $   0.50
    Diluted                    $   0.30  $   0.16  $   0.85  $   0.50

Weighted average common shares
    Basic                        24,123    18,694    24,042    16,613
    Diluted                      24,404    18,694    24,343    16,613
                 ANGIODYNAMICS, INC. AND SUBSIDIARIES
            NET SALES BY PRODUCT CATEGORY AND BY GEOGRAPHY
                            (in thousands)


                               Three months ended   Nine months ended
                               ------------------- -------------------
                                Feb 29,   Mar 3,    Feb 29,   Mar 3,
                                 2008      2007      2008      2007
                               --------- --------- --------- ---------
                                   (unaudited)         (unaudited)

Net Sales by Product Category
   Interventional Products     $  31,344 $  24,506 $  92,382 $  69,140
   Oncology Products               9,381     2,232    27,366     2,232
                               --------- --------- --------- ---------
      Total                    $  40,725 $  26,738 $ 119,748 $  71,372
                               ========= ========= ========= =========


Net Sales by Geography
   United States               $  37,021 $  25,248 $ 108,617 $  68,071
   International                   3,704     1,490    11,131     3,301
                               --------- --------- --------- ---------
      Total                    $  40,725 $  26,738 $ 119,748 $  71,372
                               ========= ========= ========= =========
                 ANGIODYNAMICS, INC. AND SUBSIDIARIES
                     CONSOLIDATED BALANCE SHEETS
                            (in thousands)


                                                 Feb 29,     Jun 2,
                                                  2008        2007
                                               ----------- -----------
                                               (unaudited)     (2)
Assets
Current Assets
   Cash and cash equivalents                   $    43,646 $    28,313
   Restricted cash                                  10,981       1,786
   Marketable securities                            34,206      43,191
                                               ----------- -----------
      Total cash and investments                    88,833      73,290

   Receivables, net                                 22,762      20,798
   Inventories, net                                 25,324      28,007
   Deferred income taxes                             1,084       2,247
   Prepaid expenses and other                        2,622       2,957
                                               ----------- -----------
      Total current assets                         140,625     127,299

Property, plant and equipment, net                  19,919      16,832
Intangible assets, net                              47,203      49,148
Goodwill                                           154,430     153,787
Deferred income taxes                               25,492      29,289
Other non-current assets                             9,270       6,926
                                               ----------- -----------
      Total Assets                             $   396,939 $   383,281
                                               =========== ===========

Liabilities and Stockholders' Equity
Current portion of long-term debt              $    10,040 $       315
Litigation provision                                 7,000       9,790
Other current liabilities                           19,189      20,103
Long-term debt, net of current portion               7,160      17,115
                                               ----------- -----------
      Total Liabilities                             43,389      47,323

Stockholders' equity                               353,550     335,958
                                               ----------- -----------
      Total Liabilities and Stockholders'
       Equity                                  $   396,939 $   383,281
                                               =========== ===========

Shares outstanding                                  24,178      23,962


(2) Derived from audited financial statements
                 ANGIODYNAMICS, INC. AND SUBSIDIARIES
                 CONSOLIDATED STATEMENT OF CASH FLOWS
                            (in thousands)


                                                    Nine months ended
                                                   -------------------
                                                    Feb 29,   Mar 3,
                                                     2008      2007
                                                   --------- ---------
                                                       (unaudited)

Cash flows from operating activities:
  Net income                                       $ 10,370  $(12,053)
  Depreciation and amortization                       6,689     1,750
  Tax benefit from exercise of stock options            223       611
  Deferred income taxes                               4,901    (4,395)
  Stock-based compensation                            3,658     2,430
  Litigation provision (gain on settlement)          (3,151)    9,600
  Purchased research and development expense              -    12,100
  Other                                                 602        71
  Changes in operating assets and liabilities
    Receivables                                      (2,242)    1,003
    Inventories                                       1,881    (4,734)
    Accounts payable and accrued liabilities           (637)   (3,281)
    Other                                            (2,162)      335
                                                   --------- ---------
      Net cash provided by operating activities      20,132     3,437
                                                   --------- ---------

Cash flows from investing activities:
   Additions to property, plant and equipment        (4,792)   (2,970)
   Acquisition of intangible assets and business     (3,471)  (29,990)
   Change in restricted cash                         (9,195)   (3,416)
   Purchases of marketable securities, net            9,650    (2,989)
                                                   --------- ---------
      Net cash used in investing activities          (7,808)  (39,365)
                                                   --------- ---------

Cash flows from financing activities:
  Repayment of long-term debt                          (230)     (135)
  Issuance of long term debt                              -     5,000
  Proceeds from exercise of stock options and ESPP    3,209     3,911
  Other                                                  30     1,162
                                                   --------- ---------
      Net cash provided by financing activities       3,009     9,938
                                                   --------- ---------
      Increase in cash and cash equivalents          15,333   (25,990)

Cash and cash equivalents
      Beginning of period                            28,313    64,042
                                                   --------- ---------
      End of period                                $ 43,646  $ 38,052
                                                   ========= =========

CONTACT: AngioDynamics, Inc.
Company Contact:
D. Joseph Gersuk, CFO, 800-772-6446 x1608
jgersuk@AngioDynamics.com
or


EVC Group, Inc.
Investor Relations Contacts:
Doug Sherk / Donald Takaya, 415-896-6820
dsherk@evcgroup.com
dtakaya@evcgroup.com
Media Contact:


Steve DiMattia, 646-201-5445
sdimattia@evcgroup.com

SOURCE: AngioDynamics, Inc.