SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of report (Date of earliest event reported): February 17, 2004 Aether Systems, Inc. (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) Delaware 000-27707 52-2186634 (State or other jurisdiction of (Commission File Number) (IRS Employer incorporation) Identification No.) 11500 Cronridge Drive Suite 110 Owings Mills, MD 21117 (Address of Principal Executive Offices, including Zip Code) (410) 654-6400 (Registrant's Telephone Number, Including Area Code) ================================================================================ Item 7. Financial Statements and Exhibits. (c) Exhibits 99.1 Press Release of Aether Systems, Inc., dated February 17, 2004. Item 12. Results of Operations and Financial Condition On February 17, 2004, Aether Systems, Inc. issued a press release with respect to its financial results for the fiscal year and fourth quarter ended December 31, 2003. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference. The information contained in this report on Form 8-K is being furnished pursuant to Item 12 of Form 8-K as directed by the Securities and Exchange Commission in Release No. 34-47583. SIGNATURES According 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, thereunto duly authorized on February 17, 2003. AETHER SYSTEMS, INC. /s/ David C. Reymann ----------------------------- Date: February 17, 2004 By: David C. Reymann Its: Chief Financial Officer