Birchtech Files Brief in Federal Circuit Supporting the $78 Million Patent Infringement Judgment Against CERT Defendants

Post-judgment interest continues to accrue daily on the $78.4 million award while the appeal proceeds.

Rhea-AI Summary

Birchtech (BCHT) filed a Federal Circuit response brief on October 22, 2026, seeking affirmation of its patent infringement judgment against CERT defendants. The appeal concerns a $78.4 million final judgment entered in December 2025, including pre-judgment interest, following a unanimous $57 million jury verdict in March 2024.

The litigation concerns Birchtech’s SEA mercury emissions control technology for coal-fired power plants. Post-judgment interest continues to accrue daily during the appeal until payment. Birchtech has received approximately $37.0 million in license fees and settlements from utilities since launching its patent enforcement program in 2019.

3 points · 1 major

PositiveiHow this balance works

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It reads the document as published, with the same rules for every company, and it does not look at what the market expected or at how the stock traded, so a point can be objectively good on a day the stock falls.

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How the balance worksHow Sentiment works

0 major · 1 point

Hollow bars mark forward-looking points. How the balance works

Positive

• Major pointFinal judgment awarded Birchtech $78.4 million in December 2025, including pre-judgment interest. 2.6× market cap
• Moderate pointLicense fees and settlements from utilities total approximately $37.0 million since enforcement began in 2019. 1.2× market cap
• Minor point. Forward-looking: it has not happened yet and may not happen.Post-judgment interest continues to accrue daily during the appeal until payment.

Negative

• Moderate pointCERT’s appeal challenges the judgment; Birchtech is seeking affirmation by the Federal Circuit.

Key Figures

Final judgment: $78.4 million Jury verdict: $57 million

Final judgment

$78.4 million

December 2025; inclusive of pre-judgment interest

Jury verdict

$57 million

Unanimous verdict against the CERT defendants

Key Terms

post-judgment interest, inter partes review

2 terms

post-judgment interest financial

"Post-judgment interest on the judgment continues to accrue until it is paid."

Post-judgment interest is the additional money that accrues on a court-ordered monetary award from the date the judgment is entered until it is paid, like a continuing late fee on an unpaid bill. It matters to investors because it increases the final payout or the liability tied to a legal dispute, affecting expected cash flows, valuation of claims or reserves, and the timing and size of recoveries in a way similar to interest on any overdue debt.

inter partes review regulatory

"Every inter partes review petition challenging Birchtech’s SEA® patents"

An inter partes review is a formal proceeding at the U.S. Patent Office where a third party asks a panel to re-examine and possibly cancel all or part of an issued patent based on earlier public information. Investors care because the outcome can remove or uphold a company’s exclusive rights, directly affecting product exclusivity, potential revenue, legal exposure and the valuation of businesses that rely on that patent—like asking a neutral referee to re-check a key call in a game.

AI-generated analysis. How Rhea-AI works. Not financial advice.

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Brief Details the Evidence and Law Supporting the Jury’s Findings on Inducement, Contributory Infringement and Damages; Post-Judgment Interest Continues to Accrue During the Appeal

CORSICANA, Texas, Nov. 02, 2026 (GLOBE NEWSWIRE) -- Birchtech Corp. (NYSE American: BCHT) TSX: BCHT) (“Birchtech” or the “Company”), a leader in specialty activated carbon technologies for sustainable air and water treatment, today announced that it has filed its appellee brief with the U.S. Court of Appeals for the Federal Circuit in response to the appeal filed by the CERT defendants challenging the approximately $78 million final judgment entered in favor of Birchtech by the U.S. District Court for the District of Delaware.

Birchtech filed the brief on October 22, 2026, in Birchtech Corp. v. Arthur J. Gallagher & Co., et al., Federal Circuit Case No. 2026-1403, on appeal from District of Delaware Case No. 1:19-cv-01334-CJB. The brief asks the Federal Circuit to affirm the jury’s verdict and the District Court’s final judgment in full.

The patent litigation, which involves Birchtech’s patented SEA^® (Sorbent Enhancement Additive) mercury emissions control technology for coal-fired power plants, was originally filed in July 2019 against 43 defendants. By the March 2024 jury trial, the case had narrowed to the remaining CERT defendants following settlements and license agreements with other defendants. A federal jury in the District of Delaware returned a unanimous $57 million verdict against the CERT defendants, finding them liable for willful infringement, along with inducing and contributory infringement. In December 2025, the Court increased the final judgment amount to $78.4 million awarded to Birchtech, inclusive of pre-judgment interest, with post-judgment interest continuing to accrue daily.

The brief responds to each of CERT’s challenges to the verdict and judgment, including those concerning liability, the jury instructions and damages. In doing so, it cites and quotes the District Court’s pretrial and post-trial opinions, issued before entry of final judgment, in which the Court reaffirmed the legal standards applied at trial and rejected many of the same arguments CERT now raises on appeal.

The appeal does not suspend the accrual of interest. Post-judgment interest on the judgment continues to accrue until it is paid.

Management Commentary

“Our response is absolute and clear in upholding the unanimous jury verdict and the $78 million final judgment the District Court entered on that verdict,” said Richard MacPherson, President and Chief Executive Officer of Birchtech. “We will continue to defend our SEA^® patents, pursue full collection of the judgment with interest, and keep turning former users of our technology into licensed, long-term customers.”

Background on 2019 Patent Litigation

• July 2019: Birchtech (then Midwest Energy Emissions Corp.) files its patent infringement lawsuit against 43 defendants in the U.S. District Court for the District of Delaware. Read the release.
  
• March 2024: A federal jury returns a unanimous $57 million verdict against the CERT defendants, finding willful infringement, along with inducing and contributory infringement. Read the release.
• December 2025: The Court increases the final judgment amount to $78.4 million, inclusive of pre-judgment interest, with post-judgment interest continuing to accrue daily. Read the release.
• January 28, 2026: CERT files its notice of appeal to the Federal Circuit.
• February 2, 2026: Birchtech formally requests payment of the full judgment. Read the release.
• June 3, 2026: Every inter partes review petition challenging Birchtech’s SEA^® patents has been dismissed, removed prior to institution, or resolved. Read the release.
• October 22, 2026: Birchtech files its response brief with the Federal Circuit. Read the filing.
  
  

Since launching its patent enforcement program in 2019, Birchtech has received approximately $37.0 million in license fees and settlements from utilities.

About Birchtech Corp.

Birchtech Corp. (NYSE American: BCHT) (TSX: BCHT) is a leader in 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 SEA disruptive water purification technologies with a specialization on removing contaminants, including ‘forever chemicals’ such as PFAS, from potable water and industrial wastewater. 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 a novel 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, without limitation, statements regarding the enforcement and collection of the Company’s judgment, the appellate process, and its outcome, the timing, amount or likelihood of any recovery under the judgment, and the accrual and potential recovery of post-judgment interest. These statements are based on management’s current expectations and are subject to uncertainty and changes in circumstances. Investors are cautioned that forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from the statements made. In addition, 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

AI-generated questions and answers. How Rhea-AI works. Not financial advice.

What is Birchtech asking the Federal Circuit to do in the CERT patent appeal?

Birchtech asks the Federal Circuit to affirm the jury’s verdict and the District Court’s final judgment in full. It filed its response brief on October 22, 2026. The final judgment totals $78.4 million, including pre-judgment interest.

Does interest on Birchtech’s CERT judgment continue during the appeal?

Post-judgment interest continues to accrue daily during the appeal until the judgment is paid. The appeal does not suspend that accrual.