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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) August 3, 2004
PhotoMedex, Inc.
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(Exact name of registrant as specified in its charter)
Delaware 0-11635 59-2858100
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(State or other jurisdiction (Commission File (IRS Employer
of incorporation) Number) Identification No.)
147 Keystone Drive, Montgomeryville, Pennsylvania 18936
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code 215.619.3600
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(Former name or former address if changed since last report)
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
(C) EXHIBITS.
99.1 Press Release, dated August 3, 2004.
ITEM 9. Regulation FD Disclosure. (Information furnished pursuant to Item
12, Results of Operations and Financial Condition.)
On August 3, 2004, the Registrant reported its results of operations
for its second quarter ended June 30, 2004. A copy of the press
release issued by the Registrant concerning the foregoing results is
furnished herewith as Exhibit 99.1 and is incorporated herein by
reference.
The information contained here and in the accompanying exhibit is
being furnished pursuant to "Item 12. Results of Operations and
Financial Condition" in accordance with interim guidance issued by
the Securities and Exchange Commission in Release No. 33-8216. The
information contained herein and in the accompanying exhibit shall
not be incorporated by reference into any filing of the Registrant,
whether made before or after the date hereof, regardless of any
general incorporation language in such filing, unless expressly
incorporated by specific reference to such filing. The information
in this report, including the exhibit hereto, shall not be deemed to
be "filed" for purposes of Section 18 of the Securities Exchange Act
of 1934, as amended or be otherwise subject to the liabilities of
that section or Sections 11 and 12 (a) (2) of the Securities Act of
1933, as amended.
We included in our press release certain historical non-GAAP
financial measures with respect to the three-month periods ended
June 30, 2004 and June 30, 2003, as defined in Regulation G
promulgated by the Securities and Exchange Commission. We believe
that the presentation of historical non-GAAP financial measures
provides useful supplementary information to investors. These
historical non-GAAP financial measures are in addition to, not a
substitute for, or superior to, measures of financial performance
prepared in accordance with GAAP.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
PhotoMedex, Inc.
Date: August 3, 2004 By: /s/ Dennis M. McGrath
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Dennis M. McGrath
Chief Financial Officer
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EXHIBIT INDEX
Exhibit No. Description
99.1 Press release of PhotoMedex, Inc., dated August 3, 2004,
regarding the announcement of the Company's second quarter of
2004 earnings.
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