By Meg Flippin, Benzinga

DETROIT, MICHIGAN - December 23, 2025 (NEWMEDIAWIRE) - Birchtech Corp. (OTCQB: BCHT), the clean tech company focused on sustainable air and water treatment, received the judge’s decision in its patent lawsuit, which was announced in 2024. While the company was initially awarded $57 million, with this week’s announcement, iit expects the final judgment to be approximately $78 million.

U.S. District Court Judge Christopher J. Burke issued a final opinion and called for a proposed final judgement following the March 2024 patent infringement jury verdict against refined coal companies.

Birchtech said the court’s decision resolved the final outstanding issues, including motions affecting the final calculation of the judgment amount. While the court didn’t increase the verdict amount based on defendants’ willful infringement, it did increase the judgment amount by awarding pre-judgment interest compounded quarterly at the prime rate and post-judgment interest, reported Birchtech.

Putting It To Rest

“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.”

In addition to the $78 million Birchtech anticipates the final judgment will be, the company said interest will accrue each day until it is paid. The court ordered the final judgment to be submitted no later than December 23.

Victory a Long Time Coming

The final judgement is a culmination of patent infringement lawsuits dating back to July 2019 against 43 defendants, including four major power utilities and numerous refined coal companies.

Birchtech obtained a pre-trial settlement with defendants AJ Gallagher, DTE and a CERT defendant – or party that lost in a lower court – in late 2023. Following the jury trial in the U.S. District Court of Delaware with remaining CERT defendants, Birchtech was awarded $57 million, with the judge finding willful infringement, along with inducing and contributory infringement. In July 2024, the company filed three separate lawsuits against 14 defendants, which were consolidated and centralized in the Southern District of Iowa in December 2024. As it stands, the Iowa lawsuit includes two remaining defendants following the release of a number of other defendants who each obtained license agreements with Birchtech.

Bank Rolling The Water Business

While the patents relate to Birchtech’s clean air technologies business, proceeds from the settlement are geared toward expanding and growing its water purification business. After all, the clean air unit will be getting more business now that its patents are protected, so Birchtech can use the settlement for its water business.

MacPherson said the money from the settlement will help the company "aggressively" move forward with its new technologies in water purification to remove harmful contaminants, such as PFAS, or “forever chemicals” from potable drinking water more efficiently, sustainably and affordably than current alternatives.

The unit already has purchase orders totaling $900,000 from a mid-Atlantic power utility. The company also inked a deal with Civil & Environmental Consultants Inc. to provide testing to its utility customers and said it has a pipeline full of potential water treatment solutions projects with utilities.

“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,” said MacPherson. To learn more about Birchtech and the final settlement, click here.

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