Item  2.02 Results of Operations and Financial Condition.

On October 28, 2009, Auxilium Pharmaceuticals, Inc. (the “Company”) issued a press release announcing its results of operations for the fiscal quarter and nine months ended September 30, 2009. The full text of such press release is furnished as Exhibit 99.1 to this report.

In accordance with General Instruction B.2 of Form 8-K, the information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.

 

Item 9.01 Financial Statements and Exhibits.

 

(d) Exhibits.

The following press release is furnished as an exhibit to this Current Report on Form 8-K pursuant to Item 2.02 and shall not be deemed to be “filed”:

99.1    Press Release dated October 28, 2009 issued by Auxilium Pharmaceuticals, Inc.

SIGNATURE

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.

 

    AUXILIUM PHARMACEUTICALS, INC.
Date: October 28, 2009     By:  

/s/    JAMES E. FICKENSCHER        

      James E. Fickenscher
      Chief Financial Officer

EXHIBIT INDEX

 

Exhibit

No.

  

Description of Exhibit

99.1    Press Release dated October 28, 2009 issued by Auxilium Pharmaceuticals, Inc.