Birchtech Corp., a clean technology company focused on sustainable air and water treatment, expects to receive approximately $78 million from a final judgment in a patent infringement lawsuit. The decision by U.S. District Court Judge Christopher J. Burke resolves outstanding issues following a March 2024 jury verdict against refined coal companies, with the increased amount resulting from pre-judgment and post-judgment interest.
The settlement represents a significant validation of Birchtech's patented technology claims and concludes litigation dating back to July 2019 against 43 defendants, including four major power utilities. CEO Richard MacPherson stated the court's acknowledgment will enable the company to potentially double its market share across the U.S. coal-fired power fleet over the next few years as it establishes new licensing and supply contracts with utilities using its mercury emissions capture technologies.
While the patents relate to Birchtech's clean air technologies business, the company plans to direct the settlement proceeds toward expanding its water purification operations. 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 and affordably than current alternatives.
The water purification unit has already secured 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.
This financial injection comes at a critical time for water treatment innovation, as communities nationwide grapple with emerging contaminants in drinking water supplies. The settlement enables Birchtech to scale its water purification technologies without diverting resources from its established clean air business, which is expected to see increased activity following the patent validation.
MacPherson emphasized the strategic importance of this development, stating, "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." The court ordered the final judgment to be submitted no later than December 23, with interest accruing daily until payment is received.
