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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 6, 2008
NEKTAR THERAPEUTICS
(Exact name of Registrant as specified in its charter)
Delaware 0-24006 94-3134940
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
201 Industrial Road
San Carlos, California 94070
(Address of principal executive offices and Zip Code)
Registrant's telephone number, including area code: (650) 631-3100
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:
|_| 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))
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Item 2.02 Results of Operations and Financial Position
On August 6, 2008, Nektar Therapeutics issued a press release (the "Press
Release") announcing its financial results for the quarter ended June 30, 2008.
A copy of the Press Release is furnished herewith as Exhibit 99.1.
The information in this report, including the exhibit hereto, is being
furnished and shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, or otherwise subject to the
liabilities of that Section or Sections 11 and 12(a)(2) of the Securities Act of
1933, as amended. The information contained herein and in the accompanying
exhibit shall not be incorporated by reference into any filing with the
Securities and Exchange Commission made by Nektar Therapeutics, whether made
before or after the date hereof, regardless of any general incorporation
language in such filing.
On July 30, 2008, the company announced that it would hold a conference call
on August 6, 2008 to review financial results for the quarter ended June 30,
2008. On this conference call, management expects to make certain
forward-looking statements regarding the market potential and revenue potential
to the company for partnered product programs, the clinical development status
and certain pre-clinical and clinical results from its proprietary product
development programs, and management's financial guidance for 2008 and the
amount of certain payments and expenses related to particular areas of the
company's business. These forward-looking statements involve substantial risks
and uncertainties including but not limited to: (i) the market sizes and revenue
potential of partnered product programs are management's estimates only and
actual results may differ materially; (ii) the overall market size for the
partnered product programs and revenue and profit contribution potential to the
company will depend upon successful sales and marketing efforts by our partners,
competition from competing therapies (if any), government and private insurance
reimbursement, changing standards of care, commercial product profile and final
product pricing; (iii) the ability of the company's early research efforts to
successfully apply its technology platforms to new potential product candidates
is subject to the substantial uncertainty of the scientific discovery process,
(iv) the timing or success of the commencement or end of clinical trials and
commercial launch of partnered products may be delayed or unsuccessful due to
slower than anticipated patient enrollment, drug manufacturing challenges,
changing standards of care, clinical trial design, clinical outcomes, or delay
or failure in obtaining regulatory approval in one or more important markets;
(v) clinical trials are long, expensive and uncertain processes and the risk of
failure of any product that is in clinical development and prior to regulatory
approval remains high and can occur at any stage due to efficacy, safety or
other factors; (vi) management's GAAP and non-GAAP financial projections for the
company's 2008 cash used in operations and 2008 end of year cash position are
subject to the significant risk of unplanned revenue short-falls or unplanned
expenses which could adversely affect the company's financial results and cash
position; (vii) the company's patent applications for its proprietary or partner
product candidates may not issue, patents that have issued may not be
enforceable, or intellectual property licenses from third parties may be
required in the future; (viii) the outcome of any existing or future
intellectual property or other litigation related to the company's proprietary
product candidates or complex commercial contracts; (ix) if the company is
unable to raise additional capital or find suitable partners or to negotiate
acceptable collaborative arrangements with respect to our existing and future
product candidates or the licensing of our technology, or if any arrangements
that the company does negotiate, or have negotiated, include unfavorable
commercial terms, the company's business, results of operations and financial
condition would suffer; and (x) certain other risks and uncertainties set forth
in the company's Quarterly Report on Form 10-Q filed with the Securities and
Exchange Commission on May 9, 2008 and the company's upcoming Quarterly Report
on Form 10-Q to be filed on or prior to August 11, 2008.
Item 9.01 Financial Statements and Exhibits
Exhibit No. Description
99.1 Press release titled "Nektar Therapeutics Announces Second
Quarter 2008 Financial Results" issued on August 6, 2008.
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SIGNATURES
Pursuant to the requirement 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.
By: /s/ Gil M. Labrucherie
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Gil M. Labrucherie
General Counsel and Secretary
Date: August 6, 2008
EXHIBIT INDEX
Exhibit No. Description of Exhibit.
99.1 Press release titled "Nektar Therapeutics Announces Second
Quarter 2008 Financial Results" issued on August 6, 2008.