Exhibit 99.1 Contacts: Herman Chin, Public Relations Christine Rogers, Investor Relations 631-962-1163 631-962-1160 HERMAN.CHIN@FALCONSTOR.COM CHRISTINE.ROGERS@FALCONSTOR.COM FALCONSTOR SOFTWARE ANNOUNCES Q3 QUARTERLY RESULTS SIGNS OEM AGREEMENT WITH TIER 1 INDUSTRY PARTNER REVENUES INCREASE 83% FROM SAME PERIOD A YEAR AGO MELVILLE, N.Y., October 21, 2004--FalconStor Software, Inc. (Nasdaq: FALC), a leading developer of network storage infrastructure software solutions, today announced financial results for its third quarter ended September 30, 2004. Revenues for the third quarter of 2004 increased 83% to $7.5 million, compared with $4.1 million for the same period a year ago. GAAP net loss for the third quarter was $2.3 million, or $0.05 per share, compared with $1.9 million, or $0.04 per share, for the same period a year ago. Non-GAAP net loss for the third quarter of 2004 decreased to $0.6 million, or $0.01 per share. Non-GAAP results exclude a litigation settlement charge of $1.3 million and legal fees of $0.4 million, each associated with patent infringement litigation that was resolved in the third quarter of 2004. Revenues for the third quarter increased 15% from $6.5 million in the second quarter to $7.5 million. GAAP net loss for the quarter was $2.3 million, or $0.05 per share, compared with $1.7 million, or $0.04 per share, in the previous quarter. Non-GAAP net loss for the third quarter decreased to $0.6 million, or $0.01 per share compared to non-GAAP net loss of $1.1 million or $0.02 per share in the previous quarter. Non-GAAP results for the previous quarter exclude $0.6 million in legal fees associated with patent infringement litigation. For the first nine months of 2004, revenues increased 62% to $19.2 million, compared with $11.9 million for the same period a year earlier. GAAP net loss for the nine month period was $6.2 million, or $0.13 per share, compared with a net loss of $5.2 million, or $0.11 per share, reported in the corresponding period a year ago. Non-GAAP net loss for the first nine months of 2004 was $3.9 million, or $0.08 per share. Non-GAAP results exclude a litigation settlement charge of $1.3 million and legal fees of $1 million, each associated with patent infringement litigation that was resolved in the third quarter of 2004. The Company closed the quarter financially strong with $32.9 million in cash, cash equivalents and marketable securities, a decrease of $1.8 million from the previous quarter, of which $1.3 million was related to the patent infringement litigation settlement. Deferred revenue at September 30, 2004, increased by $2.2 million, or 107%, compared with the same period a year ago and by $0.3 million, or 7%, compared with the balance at June 30, 2004. Gross margins for the third quarter of 2004 increased to 80% compared with 76% in the same period a year ago and 78% in the second quarter of 2004. The Company is expecting to be profitable for the fourth quarter of 2004 but not on a full-year basis. The Company expects revenue for the full year 2004 will be in excess of $28 million. "Due to a number of factors, including a delay in the release of a product by an OEM with whom we entered into an agreement in the third quarter of 2003, our full year revenue target will be below our original projections." said ReiJane Huai, Chairman and CEO, FalconStor Software, Inc. "However, we are very pleased with the progress we have made in signing new Tier 1 OEM agreements this year. We believe these new agreements will result in future revenue growth." During the third quarter, a major US-based high tech company with worldwide distribution and service capabilities began offering a private labeled version of the "iSCSI Server for WSS2003 powered by IPStor(R)." "We are pleased to announce the offering of our iSCSI solution by a major US-based high-tech company. We anticipate that the strategic recognition of FalconStor's strength in business continuity/disaster recovery, VTL and iSCSI by Tier-1 industry partners will result in the enrollment of additional OEM and channel partners to expand our worldwide market coverage, and will accelerate top line revenue growth," said Mr. Huai. ADDITIONAL THIRD QUARTER HIGHLIGHTS: In addition to the new OEM offering, highlights of the third quarter include new and continuing business relationships, customers, products, and further interoperability certifications with leading industry solutions: o Channel-related announcements during the quarter included new and expanded agreements with D2B Informatique, eSeSIX Computer GmbH, Evesham Technology, and Taiwan's Industrial Technology Research Institute. o Premier solution and service providers teamed with FalconStor on new domestic and international business for IPStor Enterprise Edition, VirtualTape Library Appliance, and iSCSI Storage Server across many industries, including legal, education, financial, and commercial real estate. Customer wins in the past quarter included Hartz Mountain Industries, Inc., Stadtsparkasse Munchen, Thompson Hine LLP, and Texas Tech University. o FalconStor delivered the next generation of its IPStor Enterprise Edition software solution, addressing compliance and information lifecycle management, as well as the next generation of its VirtualTape Library solution. The Company also announced IPStor support for Intel XScale Technology to help SMB/SOHO storage manufacturers create cost-effective network storage solutions. FalconStor also rolled out Network Storage Server (NSS) Appliances, powered by IPStor, a line of turnkey, self-contained (software, plus server including integrated disk array) solutions for intelligent backup and rapid recovery services, available through selected solution integrators on a global basis. o Storage Pipeline praised FalconStor's VirtualTape Library solution during its review of several VTL appliance vendors. Howard Marks, in Storage Pipeline, said, "After spending a few months with these VTLs, it was no surprise that three of our vendors had chosen FalconStor's IPStor VirtualTape Library to power their appliances. Powerful, flexible and easy to use, FalconStor has hit a home run." o FalconStor's iSCSI Storage Server was also honored as Best of TechEd Europe 2004 in the Data Management Solution category, and as Best of TechEd China 2004 in the Software Solution category. 2o FalconStor's VirtualTape Library Appliance completed interoperability testing under IBM's TotalStorage Proven Program, as well as being certified with Engenio Information Technologies. The iSCSI Storage Server achieved Novell's "YES CERTIFIED" status for NetWare 6.5, and IPStor Enterprise Edition completed certification with LSI Logic Pci-X Fibre Channel HBAs. The company will host a conference call on Thursday, October 21, 2004 at 4:30 PM ET to discuss the results. To participate in the call, dial 1-800-240-4186 in the United States or 303-262-2175 outside the United States. To view the synchronized slide presentation during the call, visit: HTTP://FALCONSTOR.WEBEX.COM. Meeting Name: FalconStor Q3 Earnings Meeting password: falcon Meeting number: 761131564 To listen to a replay of the call beginning October 21 at 6:30 PM ET, dial 1-800-405-2236 in the United States or 303-590-3000 outside the United States, passcode 11011605#, or visit WWW.FALCONSTOR.COM/INVESTORS.ASP. ABOUT IPSTOR(R) IPStor software delivers an intelligent SAN/NAS infrastructure across heterogeneous environments by providing a comprehensive set of storage services for enterprise applications - simplifying management, ensuring data availability and recoverability, and maximizing performance. ABOUT FALCONSTOR FalconStor Software, Inc. (Nasdaq: FALC) is a leading developer of network storage infrastructure software solutions designed to optimize the performance and availability of today's complex IT infrastructures. Deployed by a wide range of Fortune 1000 enterprises, FalconStor's flagship product, IPStor, optimizes storage utilization, accelerates backup and recovery, maximizes I/O performance and ensures business continuity via sophisticated data replication services. It is available and supported through major OEMs, system integrators and resellers worldwide. Founded in 2000, FalconStor is headquartered in Melville, NY, with offices throughout Europe and the Asia Pacific regions including Paris, Tokyo and Taiwan. FalconStor is an active member of the Technical Support Alliance Network (TSANet), Storage Networking Industry Association (SNIA) and Fibre Channel Industry Association (FCIA). For more information visit www.falconstor.com or call 1-631-777-5188. This press release includes forward-looking statements that involve risk and uncertainties that could cause actual results to differ materially from the forward-looking statements. These risks and uncertainties include: delays in product development; market acceptance of FalconStor's products and services; technological change in the storage and networking industries; competition in the storage networking software market; the potential failure of FalconStor's OEM partners to introduce or to market products incorporating FalconStor's products; intellectual property issues; and other risk factors discussed in FalconStor's reports on Forms 10-K, 10-Q and other reports filed with the Securities and Exchange Commission. FalconStor and IPStor are registered trademarks of FalconStor Software, Inc. All other company and product names contained herein are trademarks of the respective holders. 3 RECONCILIATION OF GAAP TO NON-GAAP Three Months Ended Nine Months Ended September 30, 2004 September 30, 2004 GAAP net loss .................................... $(2,293,083) $(6,227,681) GAAP basic and diluted net loss per share ....................... $ (0.05) $ (0.13) Litigation settlement charge ..................... $ 1,300,000 $ 1,300,000 Legal fees associated with patent litigation ..... $ 400,000 $ 1,000,000 ----------- ----------- Non-GAAP net loss ................................ $ (593,083) $(3,927,681) Non-GAAP basic and diluted net loss per share ....................... $ (0.01) $ (0.08) NON-GAAP FINANCIAL MEASURES The non-GAAP financial measures used in this press release are not prepared in accordance with generally accepted accounting principles and may be different from non-GAAP financial measures used by other companies. The Company's management refers to these non-GAAP financial measures in making operating decisions because they provide meaningful supplemental information regarding the Company's operating performance. In addition, these non-GAAP financial measures facilitate management's internal comparisons to the Company's historical operating results and comparisons to competitors' operating results. We include these non-GAAP financial measures in this press release because we believe they are useful to investors in allowing for greater transparency to supplemental information used by management in its financial and operational decision-making. ### 4 FALCONSTOR SOFTWARE, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS SEPTEMBER 30, DECEMBER 31, 2004 2003 --------------------------------------- (UNAUDITED) ASSETS Current assets: Cash and cash equivalents .................................. $13,909,687 $ 8,486,144 Marketable securities ...................................... 18,994,701 28,199,242 Accounts receivable, net ................................... 8,716,928 7,109,922 Prepaid expenses and other current assets .................. 1,010,832 1,273,125 ----------- ----------- Total current assets .............................. 42,632,148 45,068,433 ----------- ----------- Property and equipment, net ................................... 4,209,593 3,861,069 Goodwill ...................................................... 3,512,796 3,366,642 Other intangible assets, net .................................. 335,595 396,940 Other assets .................................................. 2,709,550 3,799,949 ----------- ----------- Total assets ...................................... $53,399,682 $56,493,033 =========== =========== LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Accounts payable ........................................... $ 1,077,692 $ 562,305 Accrued expenses ........................................... 3,268,372 2,777,391 Deferred revenue ........................................... 2,850,656 2,202,179 ----------- ----------- Total current liabilities ......................... 7,196,720 5,541,875 Deferred revenue .............................................. 1,364,003 395,609 ----------- ----------- Total liabilities ................................. 8,560,723 5,937,484 ----------- ----------- Commitments Total stockholders' equity ........................ 44,838,959 50,555,549 ----------- ----------- Total liabilities and stockholders' equity ........ $53,399,682 $56,493,033 =========== =========== 5 FALCONSTOR SOFTWARE, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF OPERATIONS (UNAUDITED) THREE MONTHS ENDED NINE MONTHS ENDED SEPT 30, SEPT 30, ---------------------------- 2004 2003 2004 2003 Revenues Software license revenue ........................................... $ 5,430,010 $ 2,878,448 $ 13,893,339 $ 8,589,186 Maintenance revenue ................................................ 1,332,179 663,951 3,197,234 1,710,999 Software services and other revenue ................................ 707,810 540,218 2,121,361 1,552,216 ------------ ------------ ------------ ------------ 7,469,999 4,082,617 19,211,934 11,852,401 Operating expenses: Amortization of purchased and capitalized software .............. 347,027 358,798 1,171,325 981,337 Cost of maintenance, software services and other revenue ........ 1,112,662 620,359 3,080,622 1,804,015 Software development costs ...................................... 2,271,437 1,821,442 6,612,280 5,105,196 Selling and marketing ........................................... 3,532,531 2,706,326 10,247,147 7,893,247 General and administrative ...................................... 1,358,833 736,774 3,566,885 2,127,593 ------------ ------------ ------------ ------------ 8,622,490 6,243,699 24,678,259 17,911,388 ------------ ------------ ------------ ------------ Operating loss .......................................... (1,152,491) (2,161,082) (5,466,325) (6,058,987) ------------ ------------ ------------ ------------ Litigation settlement .............................................. (1,300,000) -- (1,300,000) -- Interest and other income .......................................... 162,146 270,075 553,923 867,914 ------------ ------------ ------------ ------------ Loss before income taxes .................................. (2,290,345) (1,891,007) (6,212,402) (5,191,073) ------------ ------------ ------------ ------------ Provision for income taxes ......................................... 2,738 3,191 15,279 20,903 ------------ ------------ ------------ ------------ Net loss .................................................. $ (2,293,083) $ (1,894,198) $ (6,227,681) $ (5,211,976) ============ ============ ============ ============ Basic and diluted net loss per share ............................... $ (0.05) $ (0.04) $ (0.13) $ (0.11) Weighted average basic and diluted shares outstanding............... 47,054,294 46,134,816 46,852,779 45,830,216 ============ ============ ============ ============ 6 FALCONSTOR SOFTWARE, INC. AND SUBSIDIARIES NON-GAAP CONSOLIDATED STATEMENTS OF OPERATIONS (UNAUDITED) THREE MONTHS ENDED NINE MONTHS ENDED SEPT 30, SEPT 30, ---------------------------- 2004 2003 2004 2003 Revenues Software license revenue .............................. $ 5,430,010 $ 2,878,448 $ 13,893,339 $ 8,589,186 Maintenance revenue ................................... 1,332,179 663,951 3,197,234 1,710,999 Software services and other revenue ................... 707,810 540,218 2,121,361 1,552,216 ------------ ------------ ------------ ------------ 7,469,999 4,082,617 19,211,934 11,852,401 Operating expenses: Amortization of purchased and capitalized software . 347,027 358,798 1,171,325 981,337 Cost of maintenance, software services and other revenue .................................. 1,112,662 620,359 3,080,622 1,804,015 Software development costs ......................... 2,271,437 1,821,442 6,612,280 5,105,196 Selling and marketing .............................. 3,532,531 2,706,326 10,247,147 7,893,247 General and administrative ......................... 958,833 736,774 2,566,885 2,127,593 ------------ ------------ ------------ ------------ 8,222,490 6,243,699 23,678,259 17,911,388 ------------ ------------ ------------ ------------ Non-GAAP Operating loss .................... (752,491) (2,161,082) (4,466,325) (6,058,987) ------------ ------------ ------------ ------------ Interest and other income ............................. 162,146 270,075 553,923 867,914 ------------ ------------ ------------ ------------ Non-GAAP loss before income taxes (590,345) (1,891,007) (3,912,402) (5,191,073) ------------ ------------ ------------ ------------ Provision for income taxes ............................ 2,738 3,191 15,279 20,903 ------------ ------------ ------------ ------------ Non-GAAP net loss ............................ $ (593,083) $ (1,894,198) $ (3,927,681) $ (5,211,976) ============ ============ ============ ============ Non-GAAP Basic and diluted net loss per share ......... $ (0.01) $ (0.04) $ (0.08) $ (0.11) ============ ============ ============ ============ Weighted average basic and diluted shares outstanding . 47,054,294 46,134,816 46,852,779 45,830,216 ============ ============ ============ ============ RECONCILIATION OF GAAP TO NON-GAAP: - ---------------------------------- Non-GAAP net loss ...................................... $ (593,083) (1,894,198) (3,927,681) $(5,211,976) =========== ============= ==-========= ========-=== Non-GAAP basic and diluted net loss per share .......... $ (0.01) $ (0.04) $ (0.08) $ (0.11) =========== ============= =====-====== =========-== Litigation settlement .................................. 1,300,000 -- 1,300,000 -- Legal fees associated with patent litigation ........... 400,000 -- 1,000,000 -- ----------- ------------ ------------ ------------ GAAP net loss .......................................... $(2,293,083) $ (1,894,198) $ (6,227,681) $(5,211,976) =========== ============= ===-======== ===-======== GAAP basic and diluted net loss per share $ (0.05) $ (0.04) $ (0.13) $ (0.11) =========== ============= ==========-= ====-======= 7
FalconStor Software (FALC) 8-KResults of Operations and Financial Condition
Filed: 21 Oct 04, 12:00am