Birchtech Commences Enforcement of $78 Million Judgment Payment

Rhea-AI Summary

Birchtech (TSX/OTCQB: BCHT) requested enforcement of a $78 million final judgment against the CERT defendants on February 2, 2026. The U.S. District Court of Delaware issued the final judgment on December 29, 2025, after a March 2024 jury verdict.

The 30-day automatic stay has lapsed, allowing immediate enforcement steps; CERT filed a notice of appeal on January 28, 2026, and may seek a bonded stay. Interest on the judgment continues to accrue during appeal.

Positive

• Final Delaware federal court judgment of $78 million (issued Dec 29, 2025)
• Automatic 30-day stay lapsed, enabling enforcement actions to begin Feb 2, 2026
• Interest on the $78 million judgment continues to accrue during the appeal

Negative

• CERT filed a notice of appeal on Jan 28, 2026, which may delay collection
• CERT may obtain a bonded stay by posting bond or other security, potentially preventing immediate payment

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CORSICANA, Texas, Feb. 02, 2026 (GLOBE NEWSWIRE) -- Birchtech Corp. (TSX: BCHT) (OTCQB: BCHT) (“Birchtech” or the “Company”), a leader in specialty activated carbon technologies for sustainable air and water treatment, today announced that on February 2, 2026, Birchtech formally requested payment of its $78 million judgment against the CERT entities in its Delaware litigation.

On December 29, 2025, the U.S. District Court of Delaware issued a final judgment of $78 million against the “CERT” Defendants following the jury trial in March 2024, which concluded with a verdict that included a unanimous finding against the Defendants of willful infringement, along with inducing and contributory infringement. Pursuant to Federal Rule 62(a), the 30-day stay of execution from the issuance of the final judgment has lapsed and the Company may begin immediate enforcement of its judgment. 

On January 28, 2026, CERT filed a notice of appeal and CERT is still permitted to seek a bonded stay to prevent execution of the judgment pending its appeal. If CERT does seek this protection, it will need to provide a bond or other security to ensure that the judgment is collectable. CERT's failure to request a bonded stay during the 30-day period of the automatic stay means that Birchtech is free to seek payment of the full judgment amount unless a Court approves CERT's bond or other security. Interest on the $78 million judgment amount continues to accrue during the appeal period.

Richard MacPherson, CEO of Birchtech, said: “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.”

About Birchtech Corp.

Birchtech Corp. (TSX: BCHT) (OTCQB: BCHT) is a provider of specialty activated carbon technologies, delivering innovative solutions for air and water purification to support a cleaner, more sustainable future. The Company provides patented SEA^® sorbent technologies for mercury emissions capture for the coal-fired utility sector and is developing disruptive water purification technologies with a specialization on forever chemicals such as PFAS and PFOS. Backed by a strong intellectual property portfolio and a team of activated carbon experts, Birchtech provides cleaner air to North American communities and is applying this expertise to an innovative approach in water purification. To learn more, please visit www.birchtech.com.

Safe Harbor Statement

With the exception of historical information contained in this press release, content herein may contain “forward-looking statements” that are made pursuant to the Safe Harbor Provisions of the U.S. Private Securities Litigation Reform Act of 1995 or forward-looking information under applicable Canadian securities laws (collectively, “forward-looking statements”). Forward-looking statements are generally identified by using words such as “anticipate,” “believe,” “plan,” “expect,” “intend,” “will,” and similar expressions, but these words are not the exclusive means of identifying forward-looking statements.

Forward-looking statements in this release include statements regarding the enforcement of the Company’s judgment, the appeal process, and the timing, amount or likelihood of any potential recovery. These statements are based on management’s current expectations and are subject to uncertainty and changes in circumstances, including the outcome of the appeal, whether the defendants obtain and maintain a bonded stay, and the defendants’ ability or willingness to satisfy the judgment. There can be no assurance regarding the timing and amount of any recovery while the appeal is pending, or that the Company will ultimately be successful in the appeal process. Actual results may differ materially from those expressed or implied.

This release contains time-sensitive information that reflects management’s best analysis only as of the date of this release. Birchtech does not undertake any obligation to publicly update or revise any forward-looking statements to reflect future events, information or circumstances that arise after the date of this release. Further information concerning issues that could materially affect financial performance or other forward-looking statements contained in this release can be found in Birchtech’s periodic filings with the Securities and Exchange Commission or Canadian securities regulators.

Investor Relations Contact:
Lucas A. Zimmerman
Managing Director
MZ Group - MZ North America
(949) 259-4987
BCHT@mzgroup.us
www.mzgroup.us

FAQ

What did Birchtech (BCHT) announce on February 2, 2026 regarding the $78 million judgment?

Birchtech requested enforcement of a $78 million final judgment on February 2, 2026. According to the company, the 30-day automatic stay lapsed and the firm may begin discovery and other enforcement remedies while interest continues to accrue.

Why can Birchtech (BCHT) begin enforcing the judgment now?

Because the 30-day stay under Federal Rule 62(a) has lapsed, Birchtech may pursue collection measures immediately. According to the company, this lapse permits asset discovery, liens, garnishments, and other enforcement steps unless a bonded stay is granted.

Has CERT taken any action that could affect Birchtech's (BCHT) collection of the $78 million?

Yes. CERT filed a notice of appeal on Jan 28, 2026, which could delay collection if a bonded stay is approved. According to the company, CERT would need to post bond or security to prevent execution while appealing.

Will interest accrue on Birchtech's (BCHT) $78 million judgment during the appeal?

Yes, interest continues to accrue on the full judgment amount during the appeal period. According to the company, accrued interest increases the total collectible amount while appellate proceedings are pending.

What enforcement options did Birchtech (BCHT) say it may use to collect the judgment?

Birchtech said it may pursue discovery of assets, seizures, liens, garnishments, and clawbacks to collect payment. According to the company, these measures aim to obtain full payment as expeditiously as possible while appeal options remain.