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Emisphere Technologies, Inc. and Eli Lilly and Company Settle Ongoing Litigation
Date:9/25/2007

TARRYTOWN, N.Y., Sept. 25 /PRNewswire-FirstCall/ -- Emisphere Technologies, Inc. (Nasdaq: EMIS) has agreed to accept $18 million from Eli Lilly and Company (NYSE: LLY) to settle the pending litigation between the two companies.

The parties will promptly submit a Stipulation of Dismissal with Prejudice of their litigation to the United States District Court for the Southern District of Indiana. Additional terms and conditions of the settlement are confidential. Emisphere will recognize the settlement net of attorneys' fees and expenses.

About Emisphere Technologies, Inc.

Emisphere Technologies, Inc. is a biopharmaceutical company that focuses on a unique and improved delivery of therapeutic molecules and pharmaceutical compounds using its eligen(R) technology. These molecules and compounds could be currently available or are in pre-clinical or clinical development. Such molecules or compounds usually cannot be delivered by the oral route of administration or the benefits of these compounds are limited due to poor bioavailability, slow on-set of action or variable absorption. The eligen(R) technology can be applied to the oral route of administration as well other delivery pathways, such as buccal, per rectum, pulmonary, intra-vaginal or transdermal. The Web site is: http://www.emisphere.com.

Safe Harbor Statement Regarding Forward-Looking Statements

The statements in this release and oral statemen
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