Birchtech seeks payment of $78 million judgment against CERT entities

February 2, 2026 8:31 AM EST

Birchtech Corp. (OTCQB: BCHT) formally requested payment of a $78 million judgment against CERT entities on February 2, 2026, according to a company statement.

The U.S. District Court of Delaware issued the final judgment on December 29, 2025, following a jury trial in March 2024. The jury found the defendants guilty of willful infringement, along with inducing and contributory infringement. The 30-day stay of execution from the judgment issuance has expired, allowing Birchtech to begin enforcement.

CERT filed a notice of appeal on January 28, 2026, and may still seek a bonded stay to prevent execution of the judgment during the appeal process. If CERT pursues this protection, it must provide a bond or other security to ensure the judgment remains collectable. Interest on the $78 million continues to accrue during the appeal period.

"Birchtech intends to vigorously pursue its enforcement options (including discovery of assets, seizures, liens, garnishments, and clawbacks, if necessary) to receive full payment as expeditiously as possible," said Richard MacPherson, CEO of Birchtech.

Birchtech provides specialty activated carbon technologies for air and water purification, including patented SEA sorbent technologies for mercury emissions capture in the coal-fired utility sector and water purification technologies targeting chemicals such as PFAS and PFOS.



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