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 Date of Report (Date of earliest event reported) : August 12, 2003 EMISPHERE TECHNOLOGIES, INC. ------------------------------------------------------------------ (Exact name of registrant as specified in its charter) Delaware 1-10615 13-3306985 - ------------------------------- ------------------------ ---------------------------- (State or other jurisdiction of (Commission File Number) (IRS Employer Identification incorporation) Number) 765 Old Saw Mill River Road, Tarrytown, NY 10591 - ---------------------------------- --------- (Address of principal executive (Zip Code) offices) Registrant's telephone number, including area code: (914) 785-4701 Item 5. Other Events. On August 12, 2003, registrant issued a joint press release entitled: "Lilly and Emisphere continue development of oral PTH program, as Emisphere reacquires all rights to oral rhGH", that announced that all rights previously obtained by Eli Lilly and Company (NYSE:LLY) and data generated for the oral recombinant human growth hormone (rhGH) program will be returned to the registrant. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits (c) Exhibits. 99.1 Press Release, dated August 12, 2003 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. EMISPHERE TECHNOLOGIES, INC. Date: August 14, 2003 By: /s/ FREDRICK D. COBB. -------------------- Fredrick D. Cobb. Principal Financial Officer