Item 2.02 Results of Operations and Financial Condition.

On November 9, 2009, DayStar Technologies, Inc. issued a press release announcing its results for the third quarter of 2009 ended September 30, 2009. A copy of the press release concerning these results is furnished herewith as Exhibit 99.1 and is incorporated by reference.

Pursuant to General Instruction B.2 of Form 8-K, this exhibit is "furnished" and not "filed" for purposes of Section 18 of the Securities Exchange Act of 1934.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

Exhibit
No. Title

99.1 DayStar Technologies, Inc. press release dated November 9, 2009 entitled "DayStar Technologies Announces 2009 Third Quarter Financial Results"

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