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):
October 21, 2004

 

GILEAD SCIENCES, INC.

(Exact name of registrant as specified in its charter)

DELAWARE

 

0-19731

 

94-3047598

(State or other jurisdiction of
incorporation or organization)

 

(Commission File Number)

 

(I.R.S. Employer
Identification No.)

 

333 LAKESIDE DRIVE, FOSTER CITY, CALIFORNIA
(Address of principal executive offices)

 

94404

(Zip Code)

 

(650) 574-3000

(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:

 

o            Written communications pursuant to Rule 425 under the Securities Act (17 CFD 230.425)

 

o            Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o            Pre-commencement communications pursuant to Rule 14-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o            Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 



 

SECTION 2 – FINANCIAL INFORMATION

 

Item 2.02                                           Results of Operations and Financial Condition

 

On October 21, 2004, Gilead Sciences, Inc., a Delaware corporation, issued a press release announcing earnings for the third quarter ended September 30, 2004.  A copy of the earnings press release is filed as Exhibit 99.1 to this report.

 

Each non-GAAP financial measure reflected in the earnings press release is included because our management uses this information to monitor and evaluate on-going results and trends excluding certain items.  Our management believes the non-GAAP information is also useful for investors because these transactions, which include the fair value gain on our EyeTech Pharmaceuticals, Inc. (EyeTech) warrants as a result of EyeTech completing an initial public offering in February 2004, the in-process research and development charge of $488.6 million from the acquisition of Triangle Pharmaceuticals, Inc. in January 2003 and the $13.2 million settlement payment in September 2003 resulting from a contractual dispute with a vendor, were unusual due to their nature, size and infrequency.  Consequently, excluding these transactions from our results provides users of the financial statements an important insight into our results and related trends that affect our core business.

 

SECTION 9 – FINANCIAL STATEMENTS AND EXHIBITS

 

Item 9.01               Financial Statements and Exhibits

 

(c)           Exhibits

 

Exhibit
Number

 

Description

 

 

 

99.1

 

Press Release, issued by Gilead Sciences, Inc. on October 21, 2004

 

2



 

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.

 

 

 

GILEAD SCIENCES, INC.

 

 

(Registrant)

 

 

 

 

 

/s/ John F. Milligan

 

 

John F. Milligan

 

 

Executive Vice President and
Chief Financial Officer

 

 

Date:       October 21, 2004

 

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Exhibit Index

 

Exhibit
Number

 

Description

 

 

 

99.1

 

Press Release, issued by Gilead Sciences, Inc. on October 21, 2004

 

4