Emisphere Technologies, Inc. (Form: 8-K)  

 


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):   February 8, 2008

Emisphere Technologies, Inc.
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(Exact name of registrant as specified in its charter)

     
Delaware 1-10615 13-3306985
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(State or other jurisdiction
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(Commission
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(I.R.S. Employer
of incorporation) File Number) Identification No.)
      
240 Cedar Knolls Road, Suite 200, Cedar Knolls, New Jersey   07927
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(Address of principal executive offices)
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(Zip Code)
     
Registrant’s telephone number, including area code:   973-532-8000

Not Applicable
______________________________________________
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))


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Item 1.01 Entry into a Material Definitive Agreement.

Emisphere Technologies, Inc. (NASDAQ: EMIS) reported that it has sold MannKind Corporation (NASDAQ: MNKD) certain Emisphere patents and a patent application relating to diketopiperazine technology for a total purchase price of $2.5 million. An initial $1.5 million payment is due three business days after the parties sign a Patent Purchase Agreement.






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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.
          
February 14, 2008   By:   Michael R. Garone
       
        Name: Michael R. Garone
        Title: Chief Financial Officer