On November 13, 2008, DayStar Technologies, Inc. issued a press release announcing its results for the quarter ended September 30, 2008. A copy of the press release concerning these results is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

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, as amended (the "Exchange Act"), or incorporated subject to the liabilities of that section or Sections 11 and 12(a)(2) of the Securities Act of 1933, as amended (the "Securities Act"), and shall not be incorporated by reference in any registration statement or other document filed under the Securities Act or the Exchange Act, whether made before or after the date hereof, regardless of any general incorporation language in such filings, except as shall be expressly set forth by specific reference in such a filing.

(d) Exhibits

Exhibit No.       Title

   99.1           DayStar Technologies, Inc. press release dated November 13, 2008
                  entitled "DayStar Technologies Announces Q3 2008 Financial
                  Results"