Birchtech Receives Decision Increasing Its Judgment Amount to Approximately $78 Million from U.S. District Court of Delaware in Patent Infringement Case Against Major Energy Companies

Executive Summary

• Birchtech Corp. received a final memorandum opinion from U.S. District Court Judge Christopher J. Burke, projecting a final judgment of approximately $78 million (plus accruing interest) against remaining CERT defendants.
• The judgment follows a prior $57 million verdict and adds to roughly $37 million already collected through license fees and settlements since 2019.
• Management says the court win validates Birchtech’s patented mercury‑emissions technology, enabling accelerated licensing of both emissions and new water‑purification technologies (e.g., PFAS removal), which could substantially increase market share and shareholder value over the next 12–18 months.

Key Details

• Judgment Amount: Approx. $78 million (pre‑judgment interest compounded quarterly at the prime rate, plus post‑judgment interest).
• Interest Accrual: Interest continues to accrue daily until payment is made; final judgment must be submitted by December 23, 2025.
• Historical Recoveries: Prior to this order, Birchtech has received ~$37 million in license fees and settlements from coal‑fired utilities and other defendants.
• Previous Verdicts:
• March 2024 jury verdict of $57 million against remaining CERT defendants (willful infringement finding).
• Pre‑trial settlement in late 2023 with AJ Gallagher, DTE, and a CERT defendant (terms undisclosed).
• Ongoing Litigation: Three lawsuits filed July 2024 against 14 defendants; consolidated in the Southern District of Iowa (now down to two remaining defendants after other parties secured license agreements).
• Licensing Portfolio: Birchtech has secured nine license/supply agreements with coal‑fired utilities, including ten previously named as defendants.
• Forward Outlook: CEO Richard MacPherson expects the judgment to:
• Double market share across U.S. coal‑fired power fleet within a few years.
• Generate numerous new 3–5 year license/supply contracts for mercury emissions capture.
• Fund rapid development and commercialization of water‑purification technologies targeting PFAS and other “forever chemicals.”
• Use of Funds: Proceeds will be used to:
• Strengthen the core mercury‑emissions business (recurring revenue).
• Accelerate operational catalysts for new water‑purification products over the next 12–18 months.

Notable Quotes

“Today’s news is an unequivocal validation of our patented technology claims… The federal court’s acknowledgement will allow for the significant increase in our market share across the U.S. coal‑fired power fleet, which has the potential to double over the next couple of years.” – Richard MacPherson, CEO

“This significant ‘win’ in court becomes an immediate asset from which funds can be issued and which lays a strong foundation to aggressively move forward with our new technologies in water purification…” – Richard MacPherson, CEO