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): May 7, 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))
Item 2.02 Results of Operations and Financial Position
On May 7, 2008, Nektar Therapeutics issued a press release (the "Press
Release") announcing its financial results for the quarter ended March 31, 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 April 30, 2008, the company announced that it would hold a conference
call on May 7, 2008 to review financial results for the quarter ended March 31,
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 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; (iv) 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; (v) management's 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; (vi) 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; (vii) the outcome of any existing or
future intellectual property or other litigation related to the company's
proprietary product candidates; and (viii) certain other risks and uncertainties
set forth in the company's Annual Report on Form 10-K filed with the Securities
and Exchange Commission on February 29, 2008 and the company's most recent
Quarterly Report on Form 10-Q to be filed on or prior to May 12, 2008.
Item 9.01 Financial Statements and Exhibits
Exhibit No. Description
99.1 Press release titled "Nektar Therapeutics Announces First Quarter 2008
Financial Results" issued on May 7, 2008.
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
---------------------------------
Gil M. Labrucherie
General Counsel and Secretary
Date: May 7, 2008