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
Rhea-AI Summary
Birchtech (TSX:BCHT / OTCQB:BCHT) said a U.S. District Court of Delaware final memorandum opinion led to a proposed final judgment of approximately $78 million after awarding pre-judgment interest compounded quarterly at the prime rate and post-judgment interest; additional interest will accrue daily until paid.
The company noted a prior $57 million jury verdict with a unanimous finding of willful, inducing and contributory infringement, $37 million of license fees and settlements already received, and ongoing consolidated litigation in the Southern District of Iowa with two remaining defendants. The Court ordered a proposed final judgment by December 23, 2025. Management said proceeds will support expansion of mercury emissions licensing and new water purification technologies targeting PFAS removal.
Positive
- Proposed final judgment of approximately $78 million
- $37 million in license fees and settlements received to date
- Prior jury award of $57 million with unanimous willful-infringement finding
Negative
- Court declined to increase damages beyond the verdict for willful infringement
- Additional interest will accrue daily until the judgment is paid
- Ongoing consolidated litigation in Southern District of Iowa with two remaining defendants
News Market Reaction
On the day this news was published, BCHT gained 6.31%, reflecting a notable positive market reaction.
Data tracked by StockTitan Argus on the day of publication.
Capital from Judgment Provides Launchpad for Novel Water Purification Technologies
CORSICANA, Texas, Dec. 18, 2025 (GLOBE NEWSWIRE) -- Birchtech Corp. (TSX:BCHT) (OTCQB:BCHT), a leader in specialty activated carbon technologies for sustainable air and water treatment, today announced that U.S. District Court Judge Christopher J. Burke has issued a final memorandum opinion and called for a proposed final judgement following the March 2024 patent infringement jury verdict against operating companies of refined coal (the remaining “CERT” Defendants).
The Court’s decision resolved the final outstanding issues that needed to be addressed before entering final judgment. Those issues included motions affecting the final calculation of the judgment amount. The Court declined to increase the verdict amount based on Defendants’ willful infringement, but it did increase the judgment amount by awarding pre-judgment interest compounded quarterly at the prime rate, and post-judgment interest.
Birchtech anticipates that this will result in a final judgment of approximately
Since filing the initial lawsuit in July 2019 against 43 defendants that included four major power utilities and numerous refined coal companies, Birchtech obtained a pre-trial settlement with defendants AJ Gallagher, DTE, and a CERT Defendant in late 2023. Following the jury trial in the U.S. District Court of Delaware with the remaining CERT Defendants, the Company was awarded a
Today’s order is the result of intellectual property protection efforts that began in 2019. Since that time, the Company has gained nine license and/or supply agreements with coal-fired utilities, including ten coal-fired utilities previously named as defendants, collectively, in the 2019 and 2024 lawsuit filings. In total, approximately
“Today’s news is an unequivocal validation of our patented technology claims,” said Richard MacPherson, CEO of Birchtech. “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. As we seek to establish solid business relationships with these utilities currently using and others believed to be using our patented technologies for mercury emissions capture, we expect to gain numerous new licenses and/or supply contracts, which typically extend between 3-5 years.
“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 that will remove harmful contaminants, such as PFAS or “forever chemicals”, from potable drinking water more efficiently, sustainably and affordably than current alternatives.
“With a solid core business built from the recurring revenue base in our mercury emissions technologies, and increasing momentum in our new water purification technologies, the next 12 to 18 months will see the execution of a series of operational catalysts that have the potential to create sustainable value for our shareholders over the long-term,” concluded MacPherson.
About Birchtech Corp.
Birchtech Corp. (TSX: BCHT) (OTCQB: BCHT) is a leader in specialty activated carbon technologies, serving as America’s clean coal and clean water Company by 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 world-class 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 statements relating to expected developments and growth in Birchtech’s business. 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
What did Birchtech (BCHT) receive from the Delaware court on December 18, 2025?
How does the $78 million judgment relate to Birchtech's earlier $57 million verdict?
When must Birchtech submit the proposed final judgment to the court?
How much cash has Birchtech already received from license fees and settlements?
What will Birchtech use the judgment proceeds for and what technologies are targeted?
Does the court's decision change the willful-infringement damages awarded by the jury?
