-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, A+dqtr97W42alMOu4c8R7BdF+JSy2Xs7ReqR9Q4ehtPypCx+sNoi2sHmHgFT6pFm qzmBRd5Q5AyxDObGXOQgKg== 0000881695-07-000004.txt : 20070208 0000881695-07-000004.hdr.sgml : 20070208 20070208080116 ACCESSION NUMBER: 0000881695-07-000004 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070208 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070208 DATE AS OF CHANGE: 20070208 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PALOMAR MEDICAL TECHNOLOGIES INC CENTRAL INDEX KEY: 0000881695 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 043128178 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-11177 FILM NUMBER: 07590164 BUSINESS ADDRESS: STREET 1: 82 CAMBRIDGE STREET STREET 2: SUITE 1 CITY: BURLINGTON STATE: MA ZIP: 01803 BUSINESS PHONE: 7819932300 MAIL ADDRESS: STREET 1: 82 CAMBRIDGE STREET STREET 2: SUITE 1 CITY: BURLINGTON STATE: MA ZIP: 01803 8-K 1 form8k.htm

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): February 8, 2007

Palomar Medical Technologies, Inc.
(Exact Name of Registrant as Specified in Charter)


Delaware
(State or other jurisdic-
tion of incorporation)
0-22340
(Commission
File Number)
04-3128178
(IRS Employer
Identification Number)

82 Cambridge Street, Burlington, Massachusetts 01803
(Address of principal executive offices) (Zip Code)


Registrant’s telephone number, including area code (781) 993-2300


(Former Name or Former Address, if Changed Since Last Report)




ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION

      On February 8, 2007 Palomar Medical Technologies, Inc. issued a press release announcing earnings for the fourth quarter ended December 31, 2006. A copy of the press release is attached hereto as Exhibit 99.1. This information shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or incorporated by reference in any filing under Securities Act of 1933, as amended, or the Exchange Act, except, as shall be expressly set forth by specific reference in such a filing.


ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS

      (c)    Exhibits


Number Title
99.1 Press Release dated February 8, 2007 entitled “PALOMAR MEDICAL REPORTS FOURTH QUARTER 2006 FINANCIAL RESULTS Product Revenues Increased 39 Percent; Income Before Taxes Increased 162 Percent”







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.


PALOMAR MEDICAL TECHNOLOGIES, INC.







By: /s/ Joseph P. Caruso
——————————————
Chief Executive Officer and President   
            

Date: February 8, 2007








EXHIBIT INDEX

Number Title
99.1 Press Release dated February 8, 2007 entitled “PALOMAR MEDICAL REPORTS FOURTH QUARTER 2006 FINANCIAL RESULTS Product Revenues Increased 39 Percent; Income Before Taxes Increased 162 Percent”










EX-99 2 ex99.htm

NEWS RELEASE for February 8, 2007 at 8:00AM Eastern Time

Kayla Castle
Investor Relations Manager
Palomar Medical Technologies, Inc.
781-993-2411
ir@palomarmedical.com


PALOMAR MEDICAL REPORTS FOURTH QUARTER 2006 FINANCIAL RESULTS
Product Revenues Increased 39 Percent; Income Before Taxes Increased 162 Percent

        BURLINGTON, MA (February 8, 2007) … Palomar Medical Technologies, Inc. (Nasdaq: PMTI), a leading researcher and developer of light-based systems for cosmetic treatments, today announced financial results for the fourth quarter and year ended December 31, 2006. Revenues for the quarter ended December 31, 2006 were $39.4 million, which represents an 82 percent increase over the $21.6 million reported in the fourth quarter of 2005. The increase in revenues for the quarter ended December 31, 2006 compared to 2005 includes back-owed royalty revenues of $10.6 million comprised of $10.0 million from the execution of a patent license agreement with Cynosure, Inc. in the fourth quarter of 2006 and $595,000 in additional back-owed royalties resulting from the completion of a royalty audit of Cutera, Inc.‘s settlement payment. Product revenues increased to $26.5 million, a 39 percent increase over the $19.0 million in the fourth quarter of 2005. Gross margin from product revenues remained constant at 69 percent for both the 2006 and 2005 fourth quarters. The Company reported income before income taxes of $14.6 million for the fourth quarter of this year, a 162 percent increase over the $5.6 million for the fourth quarter of last year. The Company reported net income of $21.0 million, or $1.03 per diluted share for the fourth quarter of this year, including a non-cash benefit from income taxes of $6.8 million, versus net income of $5.3 million, or $0.27 per diluted share for the fourth quarter of 2005. The Company also strengthened its balance sheet since December 31, 2005, including increasing its cash and investments from $49 million to $104 million.

        Revenues for the year ended December 31, 2006 were $126.5 million, which represents a 66 percent increase over the $76.2 million reported for the year ended December 31, 2005. The increase in revenues for the year ended December 31, 2006 compared to 2005 includes back-owed royalty revenues of $26.2 million comprised of approximately $14 million resulting from our settlement of a patent infringement lawsuit against Cutera in the second quarter of 2006, $2.2 million from Laserscope in the third quarter of 2006 and $10 million from the execution of a patent license agreement with Cynosure in the fourth quarter of 2006. Product revenues increased to $92.2 million, a 40 percent increase over the $65.8 million for the fiscal year ended December 31, 2005. Gross margin from product revenues increased to 71 percent, up from 68 percent in the year-earlier period. The Company reported income before taxes of $48.0 million for the year ended December 31, 2006, a 168 percent increase over the $17.9 million for the same period in 2005. The Company reported net income of $53.0 million, or $2.62 per diluted share for the year ended December 31, 2006, including a non-cash benefit from income taxes of $6.4 million, versus net income of $17.5 million, or $0.91 per diluted share for the same period in 2005.

        With 2006 income having exceeded expectations, and as a result of an assessment after the Company’s 2006 fiscal year end of the treatment of net operating loss (“NOL”) carryforwards, the Company utilized $48.0 million in NOLs to offset taxable income in 2006. As of December 31, 2006, the Company believes that it has an additional $71.6 million of NOL carryforwards that may result in $25 million in future potential tax benefits that will be recorded as additional paid in capital if realized. This utilization of NOLs will result in a 2007 estimated cash tax rate of 3 percent to 6 percent and an estimated effective book tax rate of 38 percent for financial statement purposes. The amount of the NOLs and the amounts realized from those NOLs are subject to review by the Internal Revenue Service. Because comparison of 2007 financial results to previous periods will not correlate directly, the Company will provide non-GAAP financial statements in 2007 that exclude the non-cash provision for income taxes and back-owed royalty payments. Management believes this non-GAAP presentation will aid investors by presenting the Company’s current and historical results in a form that will be more comparable.

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Palomar - Page 2

        Chief Executive Officer Joseph P. Caruso commented, “I am pleased with Palomar’s continued progress during the fourth quarter of 2006 and the full fiscal year, in which many milestones were accomplished. Especially encouraging is the fact that our revenues continued to increase during the period at a rapid rate, allowing us to further expand our sales, marketing, research and development efforts. Palomar has worked hard to maintain our reputation with customers for providing leading-edge technology to address major market opportunities in the light-based cosmetic market. Though these markets have grown at a fast pace, we believe this is still only the beginning of a shift toward light-based treatments for cosmetic applications, and our goal is to capitalize on the popularity of these new procedures by extending our technology’s applications. The strength of our balance sheet should allow us to continue as a powerful force in this dynamic market.”

        During fiscal year 2006, the Company announced the following events:

        –  In December, Palomar announced that it had become the first company to receive a 510(k) over-the-counter (OTC) clearance from the United States Food and Drug Administration (FDA) for a new, patented, home use, light-based hair removal device. OTC clearance allows the product to be marketed and sold directly to consumers without a prescription. This consumer device was initially developed by Palomar and is being completed and commercialized together with The Gillette Company, part of The Procter & Gamble Company, under a Development and License Agreement executed by Palomar and Gillette in February 2003. Earlier in the year, Palomar had announced that it would move forward to the next phase of this agreement with Gillette. Designed specifically for use in the home and based on over a decade of research, this consumer device represents a major breakthrough in the aesthetic device industry.

        –  In June, Palomar announced the successful conclusion of two patent infringement lawsuits it had brought against Cutera, Inc. Cutera admitted to the validity and enforceability of U.S. Patent Nos. 5,595,568 and 5,735,844 (the “Anderson Patents”) and that Cutera’s laser- and lamp-based hair removal products infringe the Anderson Patents. Under the terms of the settlement, Cutera paid Palomar approximately $14 million in back-owed royalties, representing an 8.5 percent royalty on sales of their laser- and lamp-based hair removal systems beginning with their initial sales in 2000 through March 31, 2006, approximately $2.0 million in interest on past sales, and $4 million to cover Palomar’s legal costs incurred while enforcing these patents. For sales made after April 1, 2006, Cutera is required to pay Palomar a 7.5 percent royalty on their current and any new light-based hair removal systems later developed.

        –  In October, Palomar announced that as a result of a royalty audit of Laserscope, Inc.‘s product sales from January 1, 2001 through June 30, 2006, Laserscope paid Palomar $2.2 million in back-owed royalties. Also in October, Palomar and Laserscope entered into a new license agreement and terminated the prior license agreement. Under the new license agreement, Laserscope agreed to pay Palomar a 7.5 percent royalty on sales of its current as well as any future-developed laser- and lamp-based hair removal systems.

        –  In November, Palomar announced execution of a patent license agreement with Cynosure, Inc. Under this agreement, Cynosure paid Palomar $10 million in back-owed royalties, representing a 7.5 percent royalty on sales of their laser- and lamp-based hair removal systems made before October 1, 2006. For sales made after October 1, 2006, Cynosure agreed to pay Palomar a 7.5 percent royalty on sales of their current as well as any future developed light-based hair removal systems, excluding the Apogee Elite System. In return for a non-royalty bearing (fully paid up), non-exclusive license to eight Cynosure patents and patent applications, including counterparts, Palomar granted Cynosure a two year reduction in royalty rate for the Apogee Elite System only. Specifically, from October 1, 2006 to September 30, 2007, Cynosure agreed to pay a 5 percent royalty on sales of the Apogee Elite System and from October 1, 2007 to September 30, 2008, Cynosure agreed to pay Palomar a 6.5 percent royalty on sales of the Apogee Elite System. The full 7.5 percent royalty shall apply to sales of all Cynosure light-based hair removal products, including the Apogee Elite System, after October 1, 2008.

        –  In May, Palomar was ranked number three in BusinessWeek’s Annual List of 100 “Hot Growth Companies.” This honor represents the second consecutive appearance for Palomar in BusinessWeek’s top 100, with a fourth place finish in 2005.

        –  In September, Palomar was ranked number six in Fortune Magazine’s Annual List of 100 “Fastest-Growing Companies.”

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Palomar - Page 3

        Conference Call: As previously announced, Palomar will conduct a conference call and webcast today at 11:30 AM Eastern Time. Management will discuss financial results and strategic matters. If you would like to participate, please call (866) 383-8108 or listen to the webcast in the Investor Relations section of the Company’s website at www.palomarmedical.com. The telephone replay will be available one hour after the call at (888) 286-8010 passcode 97600501 and will be available for fourteen days. A webcast replay will also be available.

        About Palomar Medical Technologies Inc: Palomar is a leading researcher and developer of light-based systems for cosmetic treatments. Palomar pioneered the optical hair removal field, when, in 1997, it introduced the first high-powered laser hair removal system. Since then, many of the major advances in light-based hair removal have been based on Palomar technology. In December 2006, Palomar became the first company to receive a 510(k) over-the-counter (OTC) clearance from the United States Food and Drug Administration (FDA) for a new, patented, home use, light-based hair removal device. OTC clearance allows the product to be marketed and sold directly to consumers without a prescription. There are now millions of light-based cosmetic procedures performed around the world every year in physician offices, clinics, spas and salons. Palomar is testing many new and exciting applications to further advance the hair removal market and other cosmetic applications. Palomar is uniquely focused on developing proprietary light-based technology for introduction to the mass markets. Palomar has an agreement with The Gillette Company to develop and potentially commercialize a patented home-use, light-based hair removal device for women. Palomar also has an agreement with Johnson & Johnson Consumer Companies to develop and potentially commercialize home-use, light-based devices for reducing or reshaping body fat including cellulite, reducing the appearance of skin aging, and reducing or preventing acne, and was awarded a contract by the Department of the Army to develop a light-based, self-treatment device for Pseudofolliculitis Barbae (“PFB”).

        For more information on Palomar and its products, visit Palomar’s website at www.palomarmedical.com. To continue receiving the most up-to-date information and latest news on Palomar as it happens, sign up to receive automatic e-mail alerts by going to the Investor Relations’ section of the website.

        With the exception of the historical information contained in this release, the matters described herein contain forward-looking statements, including but not limited to statements relating to new markets, future royalty amounts due from third parties, development and introduction of new products, and financial and operating projections (including future tax benefit from the Company’s NOLs and future effective tax rates). These forward-looking statements are neither promises nor guarantees, but involve risk and uncertainties that may individually or mutually impact the matters herein, and cause actual results, events and performance to differ materially from such forward-looking statements. These risk factors include, but are not limited to, results of future operations, technological difficulties in developing or introducing new products, the results of future research, lack of product demand and market acceptance for current and future products, the effect of economic conditions, challenges in managing joint ventures and research with third parties and government contracts, the impact of competitive products and pricing, governmental regulations with respect to medical devices, including whether FDA clearance will be obtained for future products and additional applications, the results of litigation, difficulties in collecting royalties, potential infringement of third-party intellectual property rights, factors affecting the Company’s future income and resulting ability to utilize its NOLs, and/or other factors, which are detailed from time to time in the Company’s SEC reports, including the report on Form 10-K for the year ended December 31, 2005 and the Company’s quarterly reports on Form 10-Q. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. The Company undertakes no obligation to release publicly the result of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.

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Palomar Financial Summary:

Consolidated Statements of Income (Unaudited)

Three Months Ended
December 31,
Twelve Months Ended
December 31,
2006
2005
2006
2005
Revenues:          
      Product revenues  $ 26,544,261   $19,034,346   $   92,222,660   $65,824,336  
      Royalty revenues  12,042,143   1,196,809   30,481,498   4,921,075  
      Funded product development revenues  825,115   1,375,897   3,840,286   5,408,436  




         Total revenues  39,411,519   21,607,052   126,544,444   76,153,847  




Costs and expenses: 
      Cost of product revenues  8,206,874   5,974,724   26,896,839   20,952,179  
      Cost of royalty revenues  4,816,856   478,724   12,192,598   1,968,430  
      Research and development (1)  3,586,655   3,237,074   14,055,616   11,338,945  
      Selling and marketing (1)  5,858,978   4,747,410   22,467,161   17,234,103  
      General and administrative (1)  3,611,757   2,031,125   7,645,081   7,906,463  




         Total costs and expenses  26,081,120   16,469,057   83,257,295   59,400,120  




         Income from operations  13,330,399   5,137,995   43,287,149   16,753,727  
       
      Interest income  1,242,190   431,610   4,718,684   1,172,743  




         Income before income taxes  14,572,589   5,569,605   48,005,833   17,926,470  
       
      Provision for income taxes - cash  421,263   91,093   1,390,033   293,195  
      Provision (benefit) from income taxes - 
      non-cash  (6,846,785 ) 137,924   (6,360,822 ) 180,065  




         Net income  $ 20,998,111   $  5,340,588   $   52,976,622   $17,453,210  




Net income per share: 
      Basic  $            1.18   $           0.31   $              3.02   $           1.04  




      Diluted  $            1.03   $           0.27   $              2.62   $           0.91  




Weighted average number of shares outstanding: 
      Basic  17,759,601   17,040,995   17,519,242   16,831,185  




      Diluted  20,484,623   19,612,092   20,208,687   19,158,338  





(1) Certain reclassifications have been made to 2005 amounts to be consistent with the 2006 presentation.

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Palomar - Page 5

Consolidated Balance Sheets (Unaudited)

December 31,
2006

December 31,
2005

                                                             Assets      
Current assets: 
      Cash and cash equivalents  $   36,817,257   $   10,536,144  
      Available-for-sale investments, at market value  67,351,822   38,757,575  
      Accounts receivable, net of allowance of $950,000 and $984,392 respectively  15,443,053   8,686,227  
      Inventories  11,011,710   6,753,110  
      Deferred tax asset  7,595,000   --  
      Other current assets  1,702,263   582,074  


         Total current assets  139,921,105   65,315,130  


Property and equipment, net  1,129,985   909,676  
   
Other assets  111,074   111,074  


Total Assets  $ 141,162,164   $   66,335,880  


                                              Liabilities and Stockholders' Equity 
   
Current liabilities: 
      Accounts payable  $     2,263,029   $     1,278,823  
      Accrued liabilities  15,798,076   11,465,100  
      Deferred revenue  5,969,397   1,725,849  


         Total current liabilities  24,030,502   14,469,772  


Stockholders' equity: 
      Preferred stock, $.01 par value- 
         Authorized - 1,500,000 shares 
         Issued - none  --   --  
      Common stock, $.01 par value- 
         Authorized - 45,000,000 shares 
         Issued - 18,063,103 and 17,126,467 shares, respectively  180,631   171,265  
      Additional paid-in capital  189,937,701   177,658,135  
      Accumulated deficit  (72,986,670 ) (125,963,292 )


         Total stockholders' equity  117,131,662   51,866,108  


Total liabilities and stockholders' equity  $ 141,162,164   $   66,335,880  


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