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

May 4, 2012 Date of Report (Date of earliest event reported): ~~April~~May 233, 2012

ISTA PHARMACEUTICALS, INC.

(Exact name of registrant as specified in its charter)

Delaware	001-35396	33-0511729
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)
50 Technology Drive, Irvine, California		92618
(Address of principal executive offices)		(Zip Code)



50 Technology Drive, Irvine, California				92618
(Address of principal executive offices)				(Zip Code)

Registrant’s telephone number, including area code: (949) 788-6000

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425).

x¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 82.0102 ~~Other~~Results ~~Events~~of Operations and Financial Condition.

On ~~April~~May 233, 2012, ~~the~~ ~~Company~~ISTA ~~issued a press release~~Pharmaceuticals, ~~which is attached hereto as Exhibit 99~~Inc.1 ~~and~~issued is incorporated herein by reference, announcing the early termination of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, in connection with the Company’s pending acquisition by Bausch & Lomb Incorporated, a ~~New~~press ~~York~~release ~~corporation (“Parent”), pursuant~~ to ~~the~~report ~~Agreement~~its ~~and~~financial ~~Plan~~results offor ~~Merger~~the ~~dated~~quarters asended of March 2631, 2012, by and ~~among the Company~~2011, ~~Parent,~~ ~~and~~respectively. ~~Inga~~The ~~Acquisition~~release ~~Corporation,~~is afurnished ~~Delaware~~as Exhibit ~~corporation and wholly-owned subsidiary of Parent~~99.1 ~~Completion~~hereto ofand ~~the~~incorporated ~~transaction~~herein ~~remains~~by ~~subject~~this ~~to the satisfaction of certain conditions, including approval of the Company’s stockholders~~reference.

The information in this Current Report on Form 8-K, including Exhibit 99.1, is furnished pursuant to Item 2.02 and shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

Item 9.01

Financial Statements and Exhibits.

(d)	Exhibits.

ExhibitNumber		Description
Exhibit Number		Description
99.1		Press ~~Release~~release, dated ~~April~~May 233, 2012.

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.

	~~ISTA PHARMACEUTICALS, INC.~~	ISTA PHARMACEUTICALS, INC.
April 24, 2012	By:	/s/ Lauren P. Silvernail
May 4, 2012		By:	/s/ Lauren P. Silvernail
		~~Chief Financial Officer and Vice President, Corporate Development~~	Chief Financial Officer and Vice President, Corporate Development

EXHIBIT INDEX

ExhibitNumber		Description
Exhibit Number		Description
99.1		Press ~~Release~~release, dated ~~April~~May 233, 2012.

Filing Compare · ISTA PHARMACEUTICALS INC