Birchtech ends patent challenges, protects mercury removal technology

Birchtech Corp. (NYSE American: BCHT) announced that all Inter Partes Review petitions challenging its mercury removal technology patents have been terminated or resolved. The company stated that no active IPR proceedings remain against its patented SEA sorbent technology.

The Corsicana, Texas-based company has been defending its intellectual property since filing its first patent infringement claim in 2019. Birchtech reported receiving approximately $37 million in license fees and settlements from utilities since 2020.

In March 2024, a federal jury in the U.S. District Court for the District of Delaware returned a unanimous verdict against CERT defendants on all counts, including findings of willful, inducing and contributory infringement. The court increased the final judgment to $78.4 million in December 2025, including pre-judgment interest, with post-judgment interest continuing to accrue.

Additional litigation filed in 2024 and 2025 against utility defendants was consolidated in the U.S. District Court for the Southern District of Iowa. Those defendants had filed IPR petitions at the Patent Trial and Appeal Board attempting to invalidate Birchtech's patents.

"Since 2019, our patent protection strategy has been strong, highly enforceable and validated at the federal level," said Richard MacPherson, Chief Executive Officer. "The federal process, including PTAB, has been clear and thorough in its assessment of our claims."

Birchtech's SEA technology captures mercury emissions from coal-fired power plants as required under federal environmental regulations. The company is expanding into water treatment markets, targeting contaminants including PFAS.

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