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
October 28, 2004
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Date of Report (Date of earliest event reported)
PhotoMedex, Inc.
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(Exact name of Registrant as specified in its charter)
Delaware 0-11635 59-2058100
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(State or other jurisdiction (Commission File Number) (I.R.S. Employer
of incorporation) Identification No.)
147 Keystone Drive, Montgomeryville, Pennsylvania 18936
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(Address of principal executive offices)
(Zip Code)
(215) 619-3600
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Registrant's telephone number, including area code
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
|_| Written communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425)
|_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|_| Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
|_| Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION
On October 28, 2004, the Registrant reported its results of operations for
its third quarter ended September 30, 2004. A copy of the press release
issued by the Registrant concerning the foregoing results is attached
hereto as Exhibit 99.1 and is incorporated herein by reference.
The information set forth under "Item 2.02 Results of Operations and
Financial Condition", including the accompanying Exhibit 99.1, is being
furnished 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.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(C) EXHIBITS.
99.1 Press Release, dated October 28, 2004.
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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 thereunto duly authorized.
PHOTOMEDEX, INC.
Dated: October 28, 2004 By: /s/Jeffrey F. O'Donnell
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Jeffrey F. O'Donnell
Chief Executive Officer
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EXHIBIT INDEX
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Exhibit Number Description
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99.1 Press release, dated October 28, 2004, regarding the
announcement of the Company's third quarter of 2004
earnings.
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