Acacia Research Corporation (Nasdaq: ACTG) (“Acacia” or the “Company”), which acquires and operates businesses across the industrial, energy and technology sectors, today reported financial results for the three and nine months ended September 30, 2026. The Company also posted its third quarter 2026 earnings presentation on its website at www.acaciaresearch.com under Quarterly Results.

Martin (“MJ”) D. McNulty, Jr., Chief Executive Officer, stated, “In the third quarter, Acacia generated total revenue of $54.4 million. Our total revenue excluding our Intellectual Propery Operations of $54.2 million increased for the third consecutive quarter and was a near record. We also delivered Operated Segment Adjusted EBITDA of $9.1 million and Total Company Adjusted EBITDA of $3.9 million. Benchmark Energy led the way with $19.5 million of revenue, its second strongest quarter under our ownership. After quarter end, Benchmark closed a senior secured note financing of up to $47.5 million, including $27.5 million committed, to fund a multi-well development program in the Western Anadarko Basin. The financing is non-recourse to Acacia and to Benchmark’s other assets, letting us accelerate development while isolating the program’s risk.

“We ended the quarter with approximately $346.3 million, or $3.55 per share, in cash, equity securities and loans receivable, up from $3.43 per share last quarter, with no parent-company debt. With an active acquisition pipeline and a flexible investment mandate, we remain focused on compounding long-term intrinsic value per share through disciplined capital allocation.”

____________________

1 Adjusted Net Income (Loss), Adjusted Diluted Earnings Per Share (EPS), Total Company Adjusted EBITDA and Operated Segment Adjusted EBITDA are non-GAAP financial measures. See below for reconciliations of Adjusted Net Income (Loss), Adjusted Diluted EPS, and Total Company Adjusted EBITDA to their most directly comparable GAAP financial measure. For the definition of these measures and a reconciliation of the components of Operated Segment Adjusted EBITDA to their most directly comparable GAAP financial measures, see the accompanying supplemental information section.

Third Quarter 2026 Highlights:

  • Total revenue of $54.4 million, compared to $59.4 million for the prior-year quarter, primarily driven by lower paid-up license revenue from our Intellectual Property Operations segment.

  • Benchmark Energy recorded revenue of $19.5 million, the second strongest revenue quarter for the business under Acacia ownership following the Revolution Acquisition in April 2024.

  • GAAP Net Loss of $5.6 million, or ($0.06) GAAP Diluted EPS.

  • Adjusted Net Income of $4.3 million, or $0.04 Adjusted Diluted EPS.

  • Operated Segment Adjusted EBITDA of $9.1 million.

  • Total Company Adjusted EBITDA of $3.9 million.

  • At quarter end, cash, cash equivalents, equity securities measured at fair value and loans receivable totaled approximately $346.3 million, or $3.55 per share.

Revenue

The following table provides a breakdown of the Company’s total revenue for the three and nine months ended September 30, 2026 and September 30, 2025. For the purposes of financial reporting, Acacia’s operations are broken out as follows: Energy Operations (Benchmark), Industrial Operations (Printronix), Manufacturing Operations (Deflecto) and Intellectual Property Operations (Acacia Research Group).

 

Three Months Ended September 30,

 

Nine Months Ended September 30,

 

2026

 

2025

 

2026

 

2025

 

(In thousands, unaudited)

Energy Operations

$

19,455

 

$

14,176

 

$

58,669

 

$

47,799

Industrial Operations

 

7,531

 

 

6,660

 

 

20,715

 

 

20,926

Manufacturing Operations

 

27,196

 

 

30,815

 

 

81,964

 

 

88,351

Intellectual Property Operations

 

263

 

 

7,795

 

 

61,898

 

 

78,029

Total Revenues

$

54,445

 

$

59,446

 

$

223,246

 

$

235,105

 

Total Company Adjusted EBITDA

The following table provides a reconciliation of consolidated Net Income (Loss), the most directly comparable GAAP measure, to Total Company Adjusted EBITDA for the three and nine months ended September 30, 2026 and September 30, 2025.

 

Three Months Ended September 30,

 

Nine Months Ended September 30,

 

 

2026

 

 

 

2025

 

 

 

2026

 

 

 

2025

 

 

(In thousands, unaudited)

GAAP Net Income (Loss)

$

(5,561

)

 

$

(2,730

)

 

$

(21,255

)

 

$

18,264

 

Net Income (Loss) Attributable to Noncontrolling Interests

 

(351

)

 

 

336

 

 

 

(10,700

)

 

 

1,433

 

Income Tax Expense (Benefit)

 

(1,213

)

 

 

(968

)

 

 

(5,095

)

 

 

5,660

 

Interest Expense

 

1,919

 

 

 

2,230

 

 

 

5,634

 

 

 

7,010

 

Interest Income

 

(2,951

)

 

 

(3,001

)

 

 

(8,424

)

 

 

(8,447

)

(Gain) Loss on Foreign Currency Exchange

 

21

 

 

 

30

 

 

 

86

 

 

 

(405

)

Net Realized and Unrealized (Gain) Loss on Derivatives

 

6,054

 

 

 

(1,872

)

 

 

13,412

 

 

 

(3,486

)

Net Realized and Unrealized (Gain) Loss on Investments

 

(2,265

)

 

 

(900

)

 

 

(9,532

)

 

 

(1,854

)

Impairment of Equity Method Investment

 

—

 

 

 

—

 

 

 

30,934

 

 

 

—

 

Other Expense, net

 

763

 

 

 

449

 

 

 

1,515

 

 

 

1,319

 

GAAP Operating Income (Loss)

$

(3,584

)

 

$

(6,426

)

 

$

(3,425

)

 

$

19,494

 

Depreciation, Depletion & Amortization

 

6,524

 

 

 

10,836

 

 

 

21,577

 

 

 

32,891

 

Stock-Based Compensation

 

151

 

 

 

1,875

 

 

 

2,367

 

 

 

3,751

 

Realized Hedge (Loss) Gain

 

(918

)

 

 

1,165

 

 

 

(3,722

)

 

 

1,991

 

Transaction-Related Costs

 

982

 

 

 

497

 

 

 

2,358

 

 

 

1,288

 

Legacy Matter Costs

 

—

 

 

 

3

 

 

 

—

 

 

 

12

 

Severance Costs

 

77

 

 

 

18

 

 

 

1,497

 

 

 

1,113

 

Restructuring Expense and Other

 

705

 

 

 

—

 

 

 

2,101

 

 

 

—

 

Total Company Adjusted EBITDA

$

3,937

 

 

$

7,968

 

 

$

22,753

 

 

$

60,540

 

The following table provides the Adjusted EBITDA for each of the Company’s operating segments for the three and nine months ended September 30, 2026 and September 30, 2025.

 

Three Months Ended September 30,

 

Nine Months Ended September 30,

 

 

2026

 

 

 

2025

 

 

 

2026

 

 

 

2025

 

 

(In thousands, unaudited)

Energy Operations Adjusted EBITDA2

$

9,074

 

 

$

6,147

 

 

$

26,618

 

 

$

21,034

 

Industrial Operations Adjusted EBITDA2

 

1,515

 

 

 

828

 

 

 

3,945

 

 

 

2,469

 

Manufacturing Operations Adjusted EBITDA2

 

987

 

 

 

2,598

 

 

 

3,224

 

 

 

6,311

 

Operated Segment Adjusted EBITDA

(excluding Intellectual Property Operations)

$

11,576

 

 

$

9,573

 

 

$

33,787

 

 

$

29,814

 

Intellectual Property Operations Adjusted EBITDA2

 

(2,493

)

 

 

3,004

 

 

 

4,853

 

 

 

44,208

 

Operated Segment Adjusted EBITDA

$

9,083

 

 

$

12,577

 

 

$

38,640

 

 

$

74,022

 

Parent Costs2

 

(5,146

)

 

 

(4,609

)

 

 

(15,887

)

 

 

(13,482

)

Total Company Adjusted EBITDA

$

3,937

 

 

$

7,968

 

 

$

22,753

 

 

$

60,540

 

 

____________________

2 Energy Operations Adjusted EBITDA, Industrial Operations Adjusted EBITDA, Manufacturing Operations Adjusted EBITDA, Intellectual Property Operations Adjusted EBITDA, and Parent Costs are non-GAAP financial measures. For the definitions of these measures and reconciliations of these measures to the most directly comparable GAAP financial measures, see the accompanying supplemental information section.

Adjusted Net Income (Loss) and Adjusted Diluted EPS

The following table provides a reconciliation of Net Income (Loss) attributable to Acacia Research Corporation, the most directly comparable GAAP measure, to Adjusted Net Income (Loss) and Adjusted Diluted EPS for the three and nine months ended September 30, 2026 and September 30, 2025.

 

Three Months Ended September 30,

 

Nine Months Ended September 30,

 

 

2026

 

 

 

2025

 

 

 

2026

 

 

 

2025

 

 

(In thousands, except share and per share data, unaudited)

GAAP Net Income (Loss)

$

(5,561

)

 

$

(2,730

)

 

$

(21,255

)

 

$

18,264

 

Legacy Matter Costs3

 

—

 

 

 

3

 

 

 

—

 

 

 

262

 

Stock-Based Compensation

 

151

 

 

 

1,875

 

 

 

2,367

 

 

 

3,751

 

Severance Costs

 

77

 

 

 

18

 

 

 

1,497

 

 

 

1,113

 

Transaction-Related Costs

 

1,082

 

 

 

497

 

 

 

2,613

 

 

 

1,288

 

Restructuring Expense and Other

 

705

 

 

 

—

 

 

 

2,101

 

 

 

—

 

Impairment of Equity Method Investment, Net of Noncontrolling Interests

 

—

 

 

 

—

 

 

 

19,892

 

 

 

—

 

Amortization of Acquired Intangibles

 

859

 

 

 

855

 

 

 

2,576

 

 

 

2,622

 

Unrealized (Gain) Loss on Securities

 

5,973

 

 

 

(900

)

 

 

2,623

 

 

 

1,658

 

Unrealized (Gain) Loss on Hedges

 

3,776

 

 

 

(519

)

 

 

7,123

 

 

 

(1,099

)

Tax Effect of Adjustments

 

(2,746

)

 

 

(154

)

 

 

(8,945

)

 

 

(1,779

)

Adjusted Net Income (Loss)

$

4,316

 

 

$

(1,055

)

 

$

10,592

 

 

$

26,080

 

 

 

 

 

 

 

 

 

GAAP Diluted EPS

$

(0.06

)

 

$

(0.03

)

 

$

(0.22

)

 

$

0.19

 

GAAP diluted weighted average shares

 

97,586,881

 

 

 

96,445,160

 

 

 

96,979,994

 

 

 

97,038,414

 

Adjusted Diluted EPS

$

0.04

 

 

$

(0.01

)

 

$

0.11

 

 

$

0.27

 

Adjusted diluted weighted average shares

 

97,724,662

 

 

 

96,445,160

 

 

 

97,897,520

 

 

 

97,038,414

 

Free Cash Flow4

The following table provides a reconciliation of Free Cash Flow (“FCF”) for the three and nine months ended September 30, 2026.

 

Three Months Ended September 30, 2026

 

Energy Operations

 

Industrial Operations

 

Manufacturing Operations

 

Intellectual Property Operations

 

Parent Costs

 

Consolidated Total

 

(In thousands, unaudited)

Net Cash from (used in) Operating Activities (GAAP)

$

7,052

 

 

$

319

 

 

$

(881

)

 

$

10,778

 

$

(2,291

)

 

$

14,977

 

Less: Capital Expenditures

 

(4,370

)

 

 

(25

)

 

 

(296

)

 

 

—

 

 

—

 

 

 

(4,691

)

Free Cash Flow (Non-GAAP)

$

2,682

 

 

$

294

 

 

$

(1,177

)

 

$

10,778

 

$

(2,291

)

 

$

10,286

 

 

Three Months Ended September 30, 2025

 

Energy Operations

 

Industrial Operations

 

Manufacturing Operations

 

Intellectual Property Operations

 

Parent Costs

 

Consolidated Total

 

(In thousands, unaudited)

Net Cash from (used in) Operating Activities (GAAP)

$

5,858

 

 

$

710

 

 

$

2,227

 

 

$

2,693

 

 

$

(1,941

)

 

$

9,547

 

Less: Capital Expenditures

 

(1,586

)

 

 

(11

)

 

 

(252

)

 

 

(7

)

 

 

2

 

 

 

(1,854

)

Free Cash Flow (Non-GAAP)

$

4,272

 

 

$

699

 

 

$

1,975

 

 

$

2,686

 

 

$

(1,939

)

 

$

7,693

 

 

Nine Months Ended September 30, 2026

 

Energy Operations

 

Industrial Operations

 

Manufacturing Operations

 

Intellectual Property Operations

 

Parent Costs

 

Consolidated Total

 

(In thousands, unaudited)

Net Cash from (used in) Operating Activities (GAAP)

$

24,141

 

 

$

4,381

 

 

$

(749

)

 

$

4,566

 

 

$

(10,055

)

 

$

22,284

 

Less: Capital Expenditures

 

(16,845

)

 

 

(45

)

 

 

(1,733

)

 

 

(1,750

)

 

 

—

 

 

 

(20,373

)

Free Cash Flow (Non-GAAP)

$

7,296

 

 

$

4,336

 

 

$

(2,482

)

 

$

2,816

 

 

$

(10,055

)

 

$

1,911

 

 

Nine Months Ended September 30, 2025

 

Energy Operations

 

Industrial Operations

 

Manufacturing Operations

 

Intellectual Property Operations

 

Parent Costs

 

Consolidated Total

 

(In thousands, unaudited)

Net Cash from (used in) Operating Activities (GAAP)

$

17,342

 

 

$

4,135

 

 

$

4,352

 

 

$

44,474

 

 

$

(8,211

)

 

$

62,092

 

Less: Capital Expenditures

 

(5,439

)

 

 

(39

)

 

 

(665

)

 

 

(7

)

 

 

(7

)

 

 

(6,157

)

Free Cash Flow (Non-GAAP)

$

11,903

 

 

$

4,096

 

 

$

3,687

 

 

$

44,467

 

 

$

(8,218

)

 

$

55,935

 

____________________

3 Legacy Matter Costs for the nine months ended September 30, 2025 includes $250,000 related to a one-time legacy tax matter at Printronix that has been settled, which amount is included within Other Expense, Net in Acacia’s condensed consolidated statement of operations.

4 Free Cash Flow (FCF) is a non-GAAP financial measure. For a definition of this measure, see the accompanying supplemental information section.

Balance Sheet and Capital Structure

  • Cash, cash equivalents, equity securities measured at fair value and loans receivable totaled $346.3 million at September 30, 2026 compared to $339.6 million at December 31, 2025, an increase of $6.7 million. This change in cash was primarily due to an increase in cash generated from operating activities across all Operated Segments of $32.3 million and proceeds from the sale of an unoccupied portion of Deflecto’s manufacturing facility in the U.K. of $1.6 million. Cash was reduced by Parent Costs of $10.1 million and further by $16.8 million and $1.7 million of capital expenditures at Benchmark and Deflecto, respectively, as well as $1.8 million incurred by our Intellectual Property Operations for the purchase of additional interests in the Wi-Fi 7 portfolio. Cash used in financing activities reduced cash by $4.9 million, primarily from $1.8 million of debt repayment on the Deflecto facility and $3.1 million of taxes paid related to the net share settlement of share-based awards. Additionally, the net of realized gains on sales of equity securities and change in the fair market value of equity securities increased cash, cash equivalents, equity securities at fair value and loans receivable by $9.5 million.

  • Equity securities without readily determinable fair value totaled $5.8 million at September 30, 2026, unchanged from December 31, 2025.

  • Investment securities representing equity method investments (net of noncontrolling interests) decreased to zero at September 30, 2026, compared to $19.9 million at December 31, 2025, as a result of the impairment of the Company’s investment in MalinJ1 during the second quarter of 2026.

  • Loans receivable totaled $5.6 million at September 30, 2026, which represents the commercial loans collateralized by Bitcoin that Acacia has purchased through its partnership with Unchained Capital.

  • The Parent company’s total indebtedness was zero at September 30, 2026. On a consolidated basis, Acacia’s total indebtedness was $90.4 million, consisting of $59.5 million in non-recourse debt at Benchmark and $30.9 million in non-recourse debt at Deflecto, net of debt discount and issuance costs, as of September 30, 2026.

Book Value as of September 30, 2026

At September 30, 2026, Acacia’s book value (which includes noncontrolling interests) was $551.6 million and there were 97.6 million shares of common stock outstanding, for a book value per share of $5.65. This value is impacted by one-time expenses and other adjustments detailed in the above reconciliation from GAAP Net Income (Loss) to Adjusted Net Income (Loss).

Investor Conference Call

The Company will host a conference call today, November 5, 2026 at 8:00 a.m. Eastern Time (5:00 a.m. Pacific Time). To access the live call, please dial 888-506-0062 (U.S. and Canada) or 973-528-0011 (international) and if requested, reference the access code 307398. The conference call will also be simultaneously webcasted at https://www.webcaster5.com/Webcast/Page/2371/54661 and on the investor relations section of the Company’s website at www.acaciaresearch.com under Events. Following the conclusion of the live call, a replay of the webcast will be available on the Company’s website for at least 30 days.

About the Company

Acacia (Nasdaq: ACTG) is a value-oriented acquirer and operator of businesses across public and private markets and industries including the industrial, energy and technology sectors where it believes it can leverage its expertise, significant capital base, and deep industry relationships to drive value. Acacia evaluates opportunities based on the attractiveness of the underlying cash flows, without regard to a specific investment horizon. Acacia operates its businesses based on three key principles of people, process and performance and has built a management team with demonstrated expertise in research, transactions and execution, and operations and management. Additional information about Acacia and its subsidiaries is available at www.acaciaresearch.com.

Safe Harbor Statement

This news release contains forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These statements are based upon the Company’s current expectations and speak only as of the date hereof. All statements other than statements of historical fact are forward-looking statements and include statements related to estimates and projections with respect to, among other things, the Company’s anticipated financial condition, operating performance, the value of the Company’s assets, general economic and market conditions and other future circumstances and events. This news release attempts to identify forward-looking statements by using words such as “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “forecast,” “focus,” “future,” “guidance,” “intend,” “may,” “outlook,” “plan,” “potential,” “predict,” “project,” “seek,” “should,” “target” and “will,” and similar words and expressions; however, the absence of these words does not mean that the statements are not forward-looking. While the Company believes its assumptions concerning future events are reasonable, a number of factors could cause actual results to differ materially and adversely from those expressed or implied in any forward-looking statements, including, but not limited to: the Company’s ability to successfully identify, diligence, complete, and integrate strategic acquisitions of businesses, divisions, and/or assets, the performance of the Company’s businesses, divisions, and/or assets, disruptions or uncertainty caused by an ability to retain or changes to the employees or management teams of the Company’s businesses, changes to the Company’s relationship and arrangements with Starboard Value LP, any inability of the Company’s operating businesses to execute on their business and, risks to the Company’s operating businesses related to acts of war or terrorist acts and the government or military response thereto, price and other fluctuations in the oil and gas market, inflationary pressures, supply chain disruptions or labor shortages, the impact of tariffs and trade policy, non-performance by third parties of contractual or legal obligations, changes in the Company’s credit ratings or the credit ratings of the Company’s businesses, security threats, including cybersecurity threats and disruptions to the Company’s business and operations from breaches of information technology systems, or breaches of information technology systems and, with respect to Benchmark, risks related to its hedging strategy, development plan, facilities and infrastructure of third parties with which the Company transacts business, oil or natural gas production becoming uneconomic, causing write downs or adversely affecting Benchmark’s ability to borrow, Benchmark’s ability to replace reserves and efficiently develop current reserves, risks, operational hazards, unforeseen interruptions and other difficulties involved in the production of oil and natural gas, the impact of any seismic events, environmental liability risk, regulatory changes related to the oil and gas industry, the ability to successfully develop licensing programs and attract new business, changes in demand for current and future intellectual property rights, legislative, regulatory and competitive developments addressing licensing and enforcement of patents and/or intellectual property in general, the decrease in demand for Printronix’ products, changes in safety, health, environmental, tax and other regulations, requirements or initiatives, hazards such as weather conditions, pandemics, general economic conditions, and the success of the Company’s investments. For further discussions of risks and uncertainties, you should refer to the Company’s filings with the Securities and Exchange Commission, including the “Risk Factors” section of the Company’s most recent Annual Report on Form 10-K and any subsequent Quarterly Reports on Form 10-Q. In addition, actual results may differ materially as a result of additional risks and uncertainties of which the Company is currently unaware or which the Company does not currently view as material. Except as otherwise required by applicable law, the Company undertakes no obligation to revise or update publicly any forward-looking statements for any reason.

 

ACACIA RESEARCH CORPORATION

UNAUDITED CONDENSED CONSOLIDATED BALANCE SHEETS

(In thousands, except share and per share data)

 

 

September 30, 2026

 

December 31, 2025

ASSETS

 

 

 

Current assets:

 

 

 

Cash and cash equivalents

$

336,928

 

 

$

306,719

 

Equity securities

 

3,786

 

 

 

17,551

 

Equity securities without readily determinable fair value

 

5,816

 

 

 

5,816

 

Equity method investments

 

—

 

 

 

30,934

 

Loans receivable

 

5,604

 

 

 

15,299

 

Accounts receivable, net

 

31,471

 

 

 

26,165

 

Inventories

 

24,992

 

 

 

26,559

 

Prepaid expenses and other current assets

 

13,186

 

 

 

21,050

 

Total current assets

 

421,783

 

 

 

450,093

 

 

 

 

 

Property, plant and equipment, net

 

20,207

 

 

 

21,291

 

Oil and natural gas properties, net

 

198,062

 

 

 

190,705

 

Goodwill

 

25,606

 

 

 

25,790

 

Other intangible assets, net

 

40,694

 

 

 

48,148

 

Operating lease, right-of-use assets

 

9,664

 

 

 

11,500

 

Deferred income tax assets, net

 

22,063

 

 

 

14,836

 

Other non-current assets

 

8,715

 

 

 

8,593

 

Total assets

$

746,794

 

 

$

770,956

 

 

 

 

 

LIABILITIES AND STOCKHOLDERS’ EQUITY

 

 

 

Current liabilities:

 

 

 

Accounts payable

$

13,772

 

 

$

13,358

 

Accrued expenses and other current liabilities

 

26,262

 

 

 

19,661

 

Accrued compensation

 

8,483

 

 

 

6,727

 

Current asset retirement obligation

 

1,648

 

 

 

1,589

 

Royalties and contingent legal fees payable

 

6,599

 

 

 

6,761

 

Deferred revenue

 

1,072

 

 

 

945

 

Current portion of long-term debt

 

17,000

 

 

 

—

 

Total current liabilities

 

74,836

 

 

 

49,041

 

 

 

 

 

Asset retirement obligation

 

33,901

 

 

 

32,586

 

Long-term lease liabilities

 

7,308

 

 

 

8,424

 

Deferred income tax liabilities, net

 

2,248

 

 

 

2,152

 

Benchmark revolving credit facility

 

59,500

 

 

 

59,500

 

Deflecto facility

 

13,910

 

 

 

32,566

 

Other long-term liabilities

 

3,502

 

 

 

2,655

 

Total liabilities

 

195,205

 

 

 

186,924

 

 

 

 

 

Commitments and contingencies

 

 

 

 

 

 

 

 

 

 

 

Stockholders’ equity:

 

 

 

Preferred stock, par value $0.001 per share; 10,000,000 shares authorized; no shares issued or outstanding

 

—

 

 

 

—

 

Common stock, par value $0.001 per share; 300,000,000 shares authorized; 97,593,766 and 96,475,469 shares issued and outstanding as of September 30, 2026 and December 31, 2025, respectively

 

97

 

 

 

96

 

Treasury stock, at cost, 20,542,064 shares as of September 30, 2026 and December 31, 2025

 

(118,542

)

 

 

(118,542

)

Accumulated other comprehensive income

 

909

 

 

 

670

 

Additional paid-in capital

 

914,602

 

 

 

915,330

 

Accumulated deficit

 

(275,359

)

 

 

(254,104

)

Total Acacia Research Corporation stockholders’ equity

 

521,707

 

 

 

543,450

 

 

 

 

 

Noncontrolling interests

 

29,882

 

 

 

40,582

 

 

 

 

 

Total stockholders’ equity

 

551,589

 

 

 

584,032

 

 

 

 

 

Total liabilities and stockholders’ equity

$

746,794

 

 

$

770,956

 

 

ACACIA RESEARCH CORPORATION

UNAUDITED CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS

AND COMPREHENSIVE INCOME (LOSS)

(In thousands, except share and per share data)

 

 

Three Months Ended September 30,

 

Nine Months Ended September 30,

 

 

2026

 

 

 

2025

 

 

 

2026

 

 

 

2025

 

 

 

 

 

 

 

 

 

Revenues:

 

 

 

 

 

 

 

Intellectual property operations

$

263

 

 

$

7,795

 

 

$

61,898

 

 

$

78,029

 

Industrial operations

 

7,531

 

 

 

6,660

 

 

 

20,715

 

 

 

20,926

 

Energy operations

 

19,455

 

 

 

14,176

 

 

 

58,669

 

 

 

47,799

 

Manufacturing operations

 

27,196

 

 

 

30,815

 

 

 

81,964

 

 

 

88,351

 

Total revenues

 

54,445

 

 

 

59,446

 

 

 

223,246

 

 

 

235,105

 

 

 

 

 

 

 

 

 

Costs and expenses:

 

 

 

 

 

 

 

Cost of revenues – intellectual property operations

 

2,310

 

 

 

8,301

 

 

 

53,373

 

 

 

42,771

 

Cost of revenues – industrial operations

 

3,720

 

 

 

3,376

 

 

 

10,041

 

 

 

10,846

 

Cost of production – energy operations

 

11,922

 

 

 

11,880

 

 

 

35,296

 

 

 

36,887

 

Cost of revenues – manufacturing operations

 

22,105

 

 

 

23,285

 

 

 

67,443

 

 

 

66,518

 

Sales and marketing expenses – industrial and manufacturing operations

 

2,604

 

 

 

3,080

 

 

 

8,212

 

 

 

9,773

 

General and administrative expenses

 

15,368

 

 

 

15,950

 

 

 

52,306

 

 

 

48,816

 

Total costs and expenses

 

58,029

 

 

 

65,872

 

 

 

226,671

 

 

 

215,611

 

Operating (loss) income

 

(3,584

)

 

 

(6,426

)

 

 

(3,425

)

 

 

19,494

 

 

 

 

 

 

 

 

 

Other income (expense):

 

 

 

 

 

 

 

Equity securities investments:

 

 

 

 

 

 

 

Change in fair value of equity securities

 

(5,973

)

 

 

900

 

 

 

(2,623

)

 

 

(1,658

)

Gain on sale of equity securities

 

8,238

 

 

 

—

 

 

 

12,155

 

 

 

3,512

 

Net realized and unrealized gain

 

2,265

 

 

 

900

 

 

 

9,532

 

 

 

1,854

 

Impairment of equity method investment

 

—

 

 

 

—

 

 

 

(30,934

)

 

 

—

 

(Loss) gain on derivatives – energy operations

 

(6,054

)

 

 

1,872

 

 

 

(13,412

)

 

 

3,486

 

(Loss) gain on foreign currency exchange

 

(21

)

 

 

(30

)

 

 

(86

)

 

 

405

 

Interest expense

 

(1,919

)

 

 

(2,230

)

 

 

(5,634

)

 

 

(7,010

)

Interest income

 

2,951

 

 

 

3,001

 

 

 

8,424

 

 

 

8,447

 

Other expense, net

 

(763

)

 

 

(449

)

 

 

(1,515

)

 

 

(1,319

)

Total other (expense) income

 

(3,541

)

 

 

3,064

 

 

 

(33,625

)

 

 

5,863

 

 

 

 

 

 

 

 

 

(Loss) income before income taxes

 

(7,125

)

 

 

(3,362

)

 

 

(37,050

)

 

 

25,357

 

 

 

 

 

 

 

 

 

Income tax benefit (expense)

 

1,213

 

 

 

968

 

 

 

5,095

 

 

 

(5,660

)

 

 

 

 

 

 

 

 

Net (loss) income including noncontrolling interests in subsidiaries

 

(5,912

)

 

 

(2,394

)

 

 

(31,955

)

 

 

19,697

 

 

 

 

 

 

 

 

 

Net loss (income) attributable to noncontrolling interests in subsidiaries

 

351

 

 

 

(336

)

 

 

10,700

 

 

 

(1,433

)

 

 

 

 

 

 

 

 

Net (loss) income attributable to Acacia Research Corporation

$

(5,561

)

 

$

(2,730

)

 

$

(21,255

)

 

$

18,264

 

 

 

 

 

 

 

 

 

Income (loss) per share:

 

 

 

 

 

 

 

Net (loss) income attributable to common stockholders – Basic

$

(5,561

)

 

$

(2,730

)

 

$

(21,255

)

 

$

18,264

 

Weighted average number of shares outstanding – Basic

 

97,586,881

 

 

 

96,445,160

 

 

 

96,979,994

 

 

 

96,237,282

 

Basic net (loss) income per common share

$

(0.06

)

 

$

(0.03

)

 

$

(0.22

)

 

$

0.19

 

Net (loss) income attributable to common stockholders – Diluted

$

(5,561

)

 

$

(2,730

)

 

$

(21,255

)

 

$

18,264

 

Weighted average number of shares outstanding – Diluted

 

97,586,881

 

 

 

96,445,160

 

 

 

96,979,994

 

 

 

97,038,414

 

Diluted net (loss) income per common share

$

(0.06

)

 

$

(0.03

)

 

$

(0.22

)

 

$

0.19

 

 

 

 

 

 

 

 

 

Other comprehensive income (loss):

 

 

 

 

 

 

 

Foreign currency translation

$

329

 

 

$

(114

)

 

$

239

 

 

$

1,411

 

Total other comprehensive income (loss), net

 

329

 

 

 

(114

)

 

 

239

 

 

 

1,411

 

Total comprehensive (loss) income

 

(5,583

)

 

 

(2,508

)

 

 

(31,716

)

 

 

21,108

 

Comprehensive loss (income) attributable to noncontrolling interests

 

351

 

 

 

(336

)

 

 

10,700

 

 

 

(1,433

)

Comprehensive (loss) income attributable to Acacia Research Corporation

$

(5,232

)

 

$

(2,844

)

 

$

(21,016

)

 

$

19,675

 

 

ACACIA RESEARCH CORPORATION – SUPPLEMENTAL INFORMATION

NON-GAAP FINANCIAL MEASURES

This earnings release includes Adjusted EBITDA on a consolidated basis and for each of the Company’s segments. Total Company Adjusted EBITDA, Operated Segment Adjusted EBITDA, Adjusted EBITDA and Free Cash Flow (FCF) for each of the Company’s segments are supplemental non-GAAP financial measures used by management and external users of the Company’s consolidated financial statements. This earnings release also includes the Company’s Adjusted Net Income (Loss) and Adjusted Diluted Earnings Per Share (EPS), which are non-GAAP financial measures. GAAP refers to generally accepted accounting principles in the United States. A non-GAAP financial measure is a numerical measure of historical or future performance, financial position or cash flow that includes or excludes amounts that are excluded or included, respectively, in the most directly comparable measure calculated and presented in accordance with GAAP in the Company’s financial statements.

Total Company Adjusted EBITDA is defined as net income / (loss) attributable to Acacia Research Corporation before net income / (loss) attributable to noncontrolling interests, income tax (benefit) / expense, interest expense, interest income, and other expense, net and loss / (gain) on foreign currency exchange, net realized and unrealized (gain) / loss on derivatives, net realized and unrealized loss / (gain) on investments, non-recurring legacy legal expenses, depreciation, depletion and amortization, stock-based compensation, transaction-related costs, severance costs, restructuring expense, impairment of equity method investment, and costs related to the legacy items, and includes realized hedge gain / (loss) and service provider settlement income. Operated Segment Adjusted EBITDA is the aggregate of Energy Operations Adjusted EBITDA, Manufacturing Operations Adjusted EBITDA, Industrial Operations Adjusted EBITDA, and Intellectual Property Operations Adjusted EBITDA. See below for the definition of each of those measures. The Company is providing Total Company Adjusted EBITDA and Operated Segment Adjusted EBITDA, non-GAAP financial measures, because management believes these metrics provide investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance. These measures are not intended to replace the presentation of financial results in accordance with GAAP and may be different from or otherwise inconsistent with similar non-GAAP financial measures used by other companies. The presentation of these non-GAAP financial measures supplements other metrics the Company uses to internally evaluate its subsidiary businesses and facilitate the comparison of past and present operating performance. These measures should not be considered in isolation or as a substitute for measures calculated and presented in accordance with GAAP.

Energy Operations

Energy Operations Adjusted EBITDA is defined as operating income / (loss) for Acacia’s Energy Operations before depreciation, depletion and amortization expense and transaction-related costs, and including realized hedge gain / (loss). The Company is providing its Energy Operations Adjusted EBITDA, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Industrial Operations

Industrial Operations Adjusted EBITDA is defined as operating income / (loss) for Acacia’s Industrial Operations before amortization of acquired intangibles, depreciation and amortization expense, transaction-related costs, and severance costs. The Company is providing its Industrial Operations Adjusted EBITDA, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Intellectual Property Operations

Intellectual Property Operations Adjusted EBITDA is defined as operating income / (loss) for Acacia’s Intellectual Property Operations before patent amortization, depreciation expense and stock-based compensation, and including service provider settlement income. The Company is providing Intellectual Property Operations Adjusted EBITDA, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Manufacturing Operations

Manufacturing Operations Adjusted EBITDA is defined as operating income / loss for Acacia’s Manufacturing Operations before amortization of acquired intangibles, depreciation and amortization expense, severance costs, restructuring and other expense, and transaction-related costs. The Company is providing its Manufacturing Operations Adjusted EBITDA, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Parent Costs are defined as operating income / (loss) attributable to Parent before depreciation and amortization expense, stock-based compensation, transaction-related costs, and costs related to certain legacy matters attributable to the Parent organization. The Company is providing Parent Costs, a non-GAAP financial measure, because it believes it gives investors a clear picture of normalized Parent-level expenses.

Free Cash Flow is defined as net cash provided by (used in) operating activities, less net purchases of property and equipment, and patent acquisitions (“Capital Expenditures”). The Company is providing Free Cash Flow, a non-GAAP financial measure, because it believes free cash flow gives investors a good sense of how much cash flows are available to be used for de-levering, making acquisitions, repurchasing shares or similar uses of cash.

Adjusted Net Income (Loss)

Adjusted Net Income (Loss) is defined as GAAP Net Income (Loss) attributable to Acacia Research Corporation excluding costs related to certain legacy matters, stock-based compensation, transaction-related costs, amortization of acquired intangibles, severance costs, impairment of equity method investment (net of the portion attributable to noncontrolling interests), restructuring expense, any unrealized (gain) / loss on securities, any unrealized (gain) / loss on hedges, and any (gain) / loss on non-cash derivatives and taking into account the tax effect(s) of those adjustments. The Company is providing Adjusted Net Income (Loss), a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Adjusted Diluted Earnings Per Share (EPS)

Adjusted Diluted EPS is defined as Adjusted Net Income (Loss) divided by the Company’s weighted average diluted share count as of the relevant period end date. The Company is providing its Adjusted Diluted EPS, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

The following tables reconcile Operating Income (Loss), the most directly comparable GAAP financial measure, to Adjusted EBITDA for each of the Company’s operating segments and for Parent Costs for the three and nine months ended September 30, 2026 and September 30, 2025.

 

Three Months Ended September 30, 2026

Adjusted EBITDA

Energy Operations

 

Industrial Operations

 

Manufacturing Operations

 

Intellectual Property Operations

 

Parent Costs

 

Consolidated Total

 

(In thousands, unaudited)

GAAP Operating Income (Loss)

$

6,333

 

 

$

1,031

 

$

(729

)

 

$

(3,953

)

 

$

(6,266

)

 

$

(3,584

)

Depreciation, Depletion & Amortization

 

3,659

 

 

 

484

 

 

909

 

 

 

1,460

 

 

 

12

 

 

 

6,524

 

Stock-Based Compensation

 

—

 

 

 

—

 

 

—

 

 

 

—

 

 

 

151

 

 

 

151

 

Realized Hedge Gain (Loss)

 

(918

)

 

 

—

 

 

—

 

 

 

—

 

 

 

—

 

 

 

(918

)

Service Provider Settlement, net

 

—

 

 

 

—

 

 

—

 

 

 

—

 

 

 

—

 

 

 

—

 

Transaction-Related Costs

 

—

 

 

 

—

 

 

25

 

 

 

—

 

 

 

957

 

 

 

982

 

Legacy Matter Costs

 

—

 

 

 

—

 

 

—

 

 

 

—

 

 

 

—

 

 

 

—

 

Severance Costs

 

—

 

 

 

—

 

 

77

 

 

 

—

 

 

 

—

 

 

 

77

 

Restructuring Expense and Other

 

—

 

 

 

—

 

 

705

 

 

 

—

 

 

 

—

 

 

 

705

 

Adjusted EBITDA

$

9,074

 

 

$

1,515

 

$

987

 

 

$

(2,493

)

 

$

(5,146

)

 

$

3,937

 

Parent Interest Income

 

 

 

 

 

 

 

 

$

2,777

 

 

 

 

 

Three Months Ended September 30, 2025

Adjusted EBITDA

Energy Operations

 

Industrial Operations

 

Manufacturing Operations

 

Intellectual Property Operations

 

Parent Costs

 

Consolidated Total

 

(In thousands, unaudited)

GAAP Operating Income (Loss)

$

1,134

 

$

288

 

$

1,126

 

$

(2,420

)

 

$

(6,554

)

 

$

(6,426

)

Depreciation, Depletion & Amortization

 

3,848

 

 

540

 

 

1,148

 

 

5,286

 

 

 

14

 

 

 

10,836

 

Stock-Based Compensation

 

—

 

 

—

 

 

—

 

 

138

 

 

 

1,737

 

 

 

1,875

 

Realized Hedge Gain (Loss)

 

1,165

 

 

—

 

 

—

 

 

—

 

 

 

—

 

 

 

1,165

 

Transaction-Related Costs

 

—

 

 

—

 

 

306

 

 

—

 

 

 

191

 

 

 

497

 

Legacy Matter Costs

 

—

 

 

—

 

 

—

 

 

—

 

 

 

3

 

 

 

3

 

Severance Costs

 

—

 

 

—

 

 

18

 

 

—

 

 

 

—

 

 

 

18

 

Restructuring Expense and Other

 

—

 

 

—

 

 

—

 

 

—

 

 

 

—

 

 

 

—

 

Adjusted EBITDA

$

6,147

 

$

828

 

$

2,598

 

$

3,004

 

 

$

(4,609

)

 

$

7,968

 

Parent Interest Income

 

 

 

 

 

 

 

 

$

2,860

 

 

 

 

 

Nine Months Ended September 30, 2026

Adjusted EBITDA

Energy Operations

 

Industrial Operations

 

Manufacturing Operations

 

Intellectual Property Operations

 

Parent Costs

 

Consolidated Total

 

(In thousands, unaudited)

GAAP Operating Income (Loss)

$

19,637

 

 

$

2,455

 

$

(3,238

)

 

$

(1,927

)

 

$

(20,352

)

 

$

(3,425

)

Depreciation, Depletion & Amortization

 

10,703

 

 

 

1,490

 

 

2,667

 

 

 

6,682

 

 

 

35

 

 

 

21,577

 

Stock-Based Compensation

 

—

 

 

 

—

 

 

—

 

 

 

98

 

 

 

2,269

 

 

 

2,367

 

Realized Hedge Gain (Loss)

 

(3,722

)

 

 

—

 

 

—

 

 

 

—

 

 

 

—

 

 

 

(3,722

)

Transaction-Related Costs

 

—

 

 

 

—

 

 

197

 

 

 

—

 

 

 

2,161

 

 

 

2,358

 

Severance Costs

 

—

 

 

 

—

 

 

1,497

 

 

 

—

 

 

 

—

 

 

 

1,497

 

Restructuring Expense and Other

 

—

 

 

 

—

 

 

2,101

 

 

 

—

 

 

 

—

 

 

 

2,101

 

Adjusted EBITDA

$

26,618

 

 

$

3,945

 

$

3,224

 

 

$

4,853

 

 

$

(15,887

)

 

$

22,753

 

Parent Interest Income

 

 

 

 

 

 

 

 

$

8,042

 

 

 

 

Nine Months Ended September 30, 2025

Adjusted EBITDA

Energy Operations

 

Industrial Operations

 

Manufacturing Operations

 

Intellectual Property Operations

 

Parent Costs

 

Consolidated Total

 

(In thousands, unaudited)

GAAP Operating Income (Loss)

$

7,228

 

$

664

 

$

771

 

$

28,475

 

$

(17,644

)

 

$

19,494

Depreciation, Depletion & Amortization

 

11,815

 

 

1,638

 

 

4,174

 

 

15,221

 

 

43

 

 

 

32,891

Stock-Based Compensation

 

—

 

 

—

 

 

—

 

 

512

 

 

3,239

 

 

 

3,751

Realized Hedge Gain (Loss)

 

1,991

 

 

—

 

 

—

 

 

—

 

 

—

 

 

 

1,991

Transaction-Related Costs

 

—

 

 

—

 

 

420

 

 

—

 

 

868

 

 

 

1,288

Legacy Matter Costs

 

—

 

 

—

 

 

—

 

 

—

 

 

12

 

 

 

12

Severance Costs

 

—

 

 

167

 

 

946

 

 

—

 

 

—

 

 

 

1,113

Restructuring Expense and Other

 

—

 

 

—

 

 

—

 

 

—

 

 

—

 

 

 

—

Adjusted EBITDA

$

21,034

 

$

2,469

 

$

6,311

 

$

44,208

 

$

(13,482

)

 

$

60,540

Parent Interest Income

 

 

 

 

 

 

 

 

$

8,069

 

 

 

 

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