Birchtech signs agreements with two power utilities

Executive Summary

• Birchtech Corp. has entered into non-exclusive license and supply bidding agreements with two affiliated coal-fired power utilities, marking a significant commercial milestone following its intellectual property litigation.
• The agreements grant Birchtech the right to participate in bidding processes for mercury emissions capture product supply at the utilities' plants for a period of five years, in exchange for a one-time license fee.
• As a result of these agreements, Birchtech has dismissed all claims against these two specific utilities and their parent company from its July 2024 Iowa lawsuit, though litigation continues against remaining non-affiliated defendants.

Key Details

• Agreement Structure: Non-exclusive license and supply bidding agreements with two affiliated coal-fired power utilities.
• Term: Five-year period for inclusion in each utility's bidding process for product supply.
• Scope: Supply of products for mercury emissions capture at the utilities' operated power plants.
• Financial Terms: Includes a one-time license fee; specific financial figures are confidential due to ongoing litigation and confidentiality agreements.
• Litigation Impact: Birchtech dismissed all claims against the two affiliated utilities and their parent company from the lawsuit filed in the Southern District of Iowa in July 2024.
• Remaining Litigation: Claims continue against remaining non-affiliated defendants in the Iowa lawsuit.
• Broader Context: This brings the total number of utilities with license/supply agreements to four from the consolidated lawsuits pending in Iowa (originally commenced in 2024).
• Historical Performance: Since 2019, Birchtech has reached 12 license and/or supply agreements with coal-fired utilities, including eight previously named defendants in 2019 and 2024/2025 lawsuit filings.
• Pending Legal Matters: Birchtech awaits the final judgment from a March 2024 District Court of Delaware jury trial regarding intellectual property protection.

Notable Quotes

• "Following our success in the 2024 jury trial, our outreach across the coal-fired power industry has been effective largely due to our 'business-first' approach. Since 2019, our objective has been focused on building solid, strong relationships with these utilities who are already benefitting from our clean air technologies." — Richard MacPherson, CEO
• "These new licensees of our innovative patented technologies will continue to realize lower mercury emissions and gain additional operational improvements and efficiencies through potential future direct supply." — Richard MacPherson, CEO