8-K 1 atco_8k-122904.txt ================================================================================ 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): December 30, 2004 (December 29, 2004) AMERICAN TECHNOLOGY CORPORATION ------------------------------- (Exact Name of Registrant as Specified in Charter) Delaware 87-0361799 -------- ---------- (State or Other Jurisdiction of (IRS Employer Identification No.) Incorporation) 0-24248 ------- (Commission File Number) 13114 Evening Creek Drive South, San Diego, California 92128 ------------------------------------------------------ ----- (Address of Principal Executive Offices) (Zip Code) (858) 679-2114 (Registrant's telephone number, including area code) ================================================================================ ITEM 2.02. RESULTS OF OPERATION AND FINANCIAL CONDITION On December 29, 2004, American Technology Corporation issued a press release announcing financial results for its fiscal year ended September 30, 2004, as well as a forecast of its financial results for the quarter ending December 31, 2004. Pursuant to SEC Release No. 33-8216, the press release is attached hereto as Exhibit 99.1 and is being furnished, and shall not be deemed filed for the purpose of Section 18 of the Securities Act of 1933 or otherwise subject to the liabilities of that section. ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits 99.1 Press Release dated December 29, 2004, announcing financial results for the registrant's fiscal year ended September 30, 2004, and a forecast of the registrant's financial results for the quarter ending December 31, 2004. 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. AMERICAN TECHNOLOGY CORPORATION Date: December 30, 2004 By: /s/ MICHAEL A. RUSSELL ------------------------------- Michael A. Russell Chief Financial Officer