The U.S. District Court for the District of Delaware issued a final opinion increasing an original $57 million jury verdict to approximately $78 million for Birchtech Corp., a clean technology company, by awarding pre-judgment and post-judgment interest, with the final judgment to be submitted by December 23, 2025. CEO Richard MacPherson stated the decision validates the company's patented technology claims and will significantly increase its market share across the U.S. coal-fired power fleet, potentially doubling it over the next couple of years, as the company anticipates gaining new licenses and supply contracts with utilities using its technologies for mercury emissions capture.
The settlement concludes patent infringement lawsuits dating back to July 2019 against 43 defendants, including four major power utilities and numerous refined coal companies. Following a jury trial in March 2024, Birchtech filed three separate lawsuits against 14 additional defendants in July 2024, which were consolidated in the Southern District of Iowa in December 2024, with two defendants remaining after others obtained license agreements. 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, with MacPherson noting the funds will help "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 $900,000 in purchase orders from a mid-Atlantic power utility and has partnered with Civil & Environmental Consultants Inc. to provide testing services to utility customers. MacPherson added that with a solid core business from recurring revenue in mercury emissions technologies and increasing momentum in new water purification technologies, the next 12 to 18 months will see operational catalysts that could create sustainable value for shareholders long-term. The company reports a pipeline full of potential water treatment solutions projects with utilities as it seeks to establish new business relationships following the patent validation.
