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
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| Date of Report (Date of Earliest Event Reported): | | January 6, 2006 |
Emisphere Technologies, Inc.
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(Exact name of registrant as specified in its charter)
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| Delaware | 1-10615 | 13-3306985 |
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(State or other jurisdiction | _____________
(Commission | ______________
(I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
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| 765 Old Saw Mill River Road, Tarrytown, New York | | 10591 |
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(Address of principal executive offices) | | ___________
(Zip Code) |
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| Registrant’s telephone number, including area code: | | 914-347-2220 |
Not Applicable
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Former name or former address, if changed since last report
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)
[ ] 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 1.02 Termination of a Material Definitive Agreement.
On January 9, 2006, Emisphere Technologies, Inc. (the "Company") issued a press release announcing that US Federal District Court Judge David F. Hamilton of the Southern District of Indiana ruled in favor of the Company in its pending litigation against Eli Lilly and Company ("Lilly"), stating that Lilly has breached its contractual obligations and that the License Agreement dated as of April 7, 1998 and the Research Collaboration and Option Agreement dated as of June 8, 2000 between Lilly and the Company for oral PTH were properly terminated as of August 23, 2004.
Item 9.01 Financial Statements and Exhibits.
Exhibits
(c)
Exhibit 99.1 - Press Release of Emisphere Technologies, Inc., dated January 9, 2006.
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.
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| | | Emisphere Technologies, Inc. |
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| January 9, 2006 | | By: | | Elliot Maza
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| | | | | Name: Elliot Maza |
| | | | | Title: Chief Financial Officer |
Exhibit Index
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| Exhibit No. | | Description |
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99.1 | | Press Release of Emisphere Technologies, Inc., dated January 9, 2006 |
