Birchtech begins enforcement of $78-million judgment

Executive Summary

• Birchtech Corp. has formally initiated enforcement proceedings to collect a $78 million federal judgment awarded against the CERT entities following a Delaware court ruling.
• The 30-day automatic stay under Federal Rule 62(a) has expired, permitting immediate collection actions, though CERT retains the right to file an appeal and request a bonded stay.
• CEO Richard MacPherson confirmed the company will aggressively pursue all available legal remedies to secure full payment, with statutory interest continuing to accrue throughout the appeal period.

Key Details

• Judgment Amount: $78 million awarded by the U.S. District Court of Delaware.
• Court Ruling Date: Dec. 29, 2025 (final judgment issued).
• Trial Outcome: March 2024 jury verdict unanimously found defendants guilty of willful infringement, as well as inducing and contributory infringement.
• Enforcement Status: Formal payment request submitted on Feb. 2, 2026; automatic stay has lapsed, allowing immediate enforcement.
• Appeal Status: CERT filed a notice of appeal on Jan. 28, 2026.
• Bonded Stay Provision: CERT may still seek a bonded stay to halt execution pending appeal by posting a bond or other security; failure to request one during the 30-day window leaves Birchtech free to pursue the full judgment amount.
• Interest Accrual: Interest continues to compound on the $78 million judgment during the appeal period.
• Enforcement Tactics: Birchtech plans to utilize asset discovery, seizures, liens, garnishments, and clawbacks to recover the full amount.

Notable Quotes

• Richard MacPherson, CEO: "Birchtech intends to vigorously pursue its enforcement options (including discovery of assets, seizures, liens, garnishments and clawbacks, if necessary) to receive full payment as expeditiously as possible."