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): June 16, 2008

VIRNETX HOLDING CORPORATION

(Exact name of registrant as specified in its charter)

Delaware (State or other jurisdiction of incorporation)		001-33852 (Commission File Number)		77-0390628 (IRS Employer Identification No.)

5615 Scotts Valley Drive, Suite 110
Scotts Valley, CA 95066
(Address of principal executive offices and Zip Code)

(831) 438-8200
(Registrant’s telephone number, including area code)

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:

o		Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o		Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a -12)

o		Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d -2(b))

o		Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e -4(c))

 

 

Item 8.01.		Other Events

On June 16, 2008, VirnetX Holding Corporation (the “Company”) issued a press release entitled “Court Denies Microsoft’s Motion to Dismiss”. The press release is attached as Exhibit 99.1 hereto.

Item 9.01.		Financial Statements and Exhibits.

(d)

Exhibit No.				Description
	99.1			Press Release of VirnetX Holding Corporation dated June 16, 2008.

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.

Exhibit Index

Exhibit No.				Description
	99.1			Press Release of VirnetX Holding Corporation dated June 16, 2008.

Exhibit 99.1

STATEMENT BY VIRNETX REGARDING
LITIGATION WITH MICROSOFT CORPORATION

Court Denies Microsoft’s Motion to Dismiss

SCOTTS VALLEY, CA (June 16, 2008) . . . . VirnetX Holding Corporation (AMEX: VHC), a leader in secure real-time communications and collaborations technology, said today that on June 3, 2008, the court denied the Motion to Dismiss filed by Microsoft in connection with VirnetX’s lawsuit against Microsoft.

The suit alleges patent infringement by Redmond, WA-based Microsoft Corporation, and seeks damages, injunctive relief and costs. The suit was filed in the United States District Court for the Eastern District of Texas, Tyler Division on February 15, 2007. Subsequently Microsoft filed a counterclaim seeking to invalidate the patents, and on March 31, 2008, filed its Motion to Dismiss VirnetX’s case. The court’s order denying Microsoft’s motion expressly confirmed VirnetX’s constitutional standing to sue for patent infringement. The court based its order on the fact that parties with exclusionary rights and interests in a patent have constitutional standing to sue infringers. Only VirnetX holds exclusive rights and interests in its patents. Also pursuant to the court decision, on June 10, 2008, San Diego-based SAIC (NYSE:SAI) joined VirnetX in its lawsuit.

VirnetX President and CEO Kendall Larsen commented, “We look forward to a fair and speedy resolution of our complaint against one of the world’s biggest and most powerful corporations. We hope that we will be able to arrive at a streamlined and negotiated settlement that recognizes our rights. We believe our patents are strong and valid, and we intend to vigorously enforce them.”

About VirnetX
VirnetX Holding Corporation, a secure real-time communications and collaboration technology company, is engaged in commercializing its patent portfolio by developing a licensing program, as well as developing software products designed to create a secure environment for real-time communications such as instant messaging and Voice over Internet Protocol. For more information, visit www.virnetx.com.

Safe Harbor Agreement
Statements in this press release that are not statements of historical or current fact constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties and other unknown factors that could cause the actual results of VirnetX to be materially different from the historical results or from

any future results expressed or implied by such forward-looking statements. The forward-looking statements contained herein include, without limitation, statements relating to the litigation process and potential outcome. In addition to statements which explicitly describe such risks and uncertainties, readers are urged to consider statements labeled with the terms “believes,” “belief,” “expects,” “intends,” “anticipates,” “will,” or “plans” to be uncertain and forward-looking. The forward-looking statements contained herein are also subject generally to other risks and uncertainties that are described from time to time in VirnetX’s reports and registration statements filed with the Securities and Exchange Commission.

Contacts

Rudy Barrio (Investors)		Sameer Mathur
Allen & Carron		VirnetX Holding Company
212-691-8087		831-438-8200
r.barrio@allencarron.com		sameer_mathur@virnetx.com
Brian Kennedy (Media)
Allen & Carron
212-691-8087
brian@allencarron.com