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 Date of Report (Date of earliest event reported): January 31, 2003 DEMEGEN, INC. (Exact name of registrant as specified in this charter) Colorado 0-25353 84-1065575 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 1051 Brinton Road, Pittsburgh, PA 15221 (Address of Principal Executive Offices) (Zip Code) Registrant's Telephone Number, including area code: (412) 241-2150 ITEM 4 - CHANGES IN REGISTRANT'S CERTIFYING ACCOUNTANTS Effective January 28, 2002, Ernst & Young LLP resigned as auditors of Demegen, Inc. (Company). The reports of Ernst & Young LLP on the Company's financial statements for the past two fiscal years did not contain an adverse opinion or a disclaimer of opinion and were not qualified. However, each of the audit reports included an explanatory paragraph expressing substantial doubt concerning the Company's ability to continue as a going concern. In connection with the audits of the Company's financial statements for each of the two fiscal years ended September 30, 2002, and in the subsequent interim period, there were no disagreements with Ernst & Young LLP on any matter of accounting principle or practices, financial statement disclosure, or auditing scope and procedures which, if not resolved to the satisfaction of Ernst & Young LLP, would have caused Ernst & Young LLP to make reference to the matter in its reports in the Company's financial statements for such years. The Company has provided Ernst & Young LLP with a copy of the foregoing disclosures. The Company has requested Ernst & Young LLP to furnish it with a letter addressed to the Commission stating whether it agrees with the above statements. A copy of that letter, dated January 31, 2003 is filed as Exhibit 16 to this Form 8-K. ITEM 7 - FINANCIAL STATEMENTS & EXHIBITS (c) Exhibits PAGES OF SEQUENTIAL EXHIBIT INDEX NUMBERING SYSTEM ------------- ---------------- Exhibit 16 Letter from Ernst & Young LLP dated January 31, 2003 2 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 thereunto duly authorized. DEMEGEN, INC. By /s/Richard D. Ekstrom ----------------------------- Richard D. Ekstrom Chairman of the Board of Directors, President and Chief Executive Officer Date: February 3 , 2003 3