Item  2.02. Results of Operations and Financial Condition

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 the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

On January 16, 2008, Sun Microsystems, Inc. (“Sun”) issued a press release regarding Sun’s preliminary financial results for the fiscal quarter ended December 30, 2007. The full text of Sun’s press release is attached hereto as Exhibit 99.1.

Item 9.01. Financial Statements and Exhibits

(d) Exhibits

The following exhibit is filed herewith:

 

Exhibit
Number
  

Description

99.1    Text of press release issued by Sun Microsystems, Inc., dated January 16, 2008, titled “Sun Microsystems Reports Preliminary Results for Second Quarter Fiscal Year 2008.”

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.

Date: January 16, 2008

 

SUN MICROSYSTEMS, INC.

By:

 

/s/ Craig D. Norris

 

Craig D. Norris

Vice President, Corporate Law