Birchtech Corp., a clean technology company focused on sustainable air and water treatment, has received a final court decision in its patent infringement lawsuit, with the company anticipating approximately $78 million in proceeds. The U.S. District Court for the District of Delaware issued the final opinion, resolving outstanding issues and increasing the original $57 million jury verdict from March 2024 by awarding pre-judgment and post-judgment interest. The court ordered the final judgment to be submitted by December 23, 2025, with interest accruing daily until payment is made.
The settlement concludes litigation dating back to July 2019 against 43 defendants, including four major power utilities and numerous refined coal companies. Following a pre-trial settlement with some defendants in late 2023 and a jury trial with remaining defendants, Birchtech was awarded $57 million, with the judge finding willful infringement. The company subsequently filed additional lawsuits in July 2024, which were consolidated in the Southern District of Iowa in December 2024. Several defendants have since obtained license agreements with Birchtech, leaving two remaining defendants in the Iowa lawsuit.
Richard MacPherson, CEO of Birchtech, stated that the court's decision validates the company's patented technology claims and is expected to significantly increase its market share across the U.S. coal-fired power fleet. He anticipates the company will gain numerous new licenses and supply contracts, typically lasting three to five years, as it establishes business relationships with utilities using its patented technologies for mercury emissions capture.
While the patents relate to Birchtech's clean air technologies business, the company plans to use the settlement proceeds to expand its water purification business. MacPherson said the funds will help the company "aggressively" advance new technologies to remove harmful contaminants like PFAS, or "forever chemicals," from drinking water more efficiently, sustainably, and affordably than current alternatives. The water purification unit already has purchase orders totaling $900,000 from a mid-Atlantic power utility and has partnered with Civil & Environmental Consultants Inc. to provide testing services to utility customers. The company reports a pipeline full of potential water treatment solutions projects with utilities.
MacPherson emphasized that with a solid core business built from recurring revenue in mercury emissions technologies and increasing momentum in water purification, the next 12 to 18 months will involve executing operational catalysts to create sustainable long-term value for shareholders. The settlement provides significant capital to accelerate growth in the water purification sector, positioning Birchtech to address critical environmental challenges in water treatment.
