STOCK TITAN

Birchtech Announces the End of All Remaining Attempts to Challenge Patents Under IPR Petition

(Neutral)
Tags

Birchtech (NYSE American: BCHT) filed termination requests for all remaining Inter Partes Review petitions challenging its core SEA® mercury removal patents, leaving no active IPR proceedings. All prior PTAB petitions were dismissed, removed before institution, or resolved, and involved parties are now barred from further validity challenges.

Since 2020, Birchtech has received about $37.0 million in license fees and settlements. A federal jury verdict in March 2024 led to a $78.4 million final judgment in December 2025, with post-judgment interest accruing and collection efforts ongoing.

Loading...
Loading translation...

Positive

  • All PTAB IPR petitions against SEA® patents dismissed, removed, or resolved
  • Parties to prior IPRs permanently barred from further SEA® patent validity challenges
  • Final court judgment of $78.4 million plus post-judgment interest awarded
  • Approximately $37.0 million in license fees and settlements since 2020
  • Unanimous federal jury verdict finding willful, inducing and contributory infringement

Negative

  • Collection efforts on $78.4 million judgment still underway; cash not yet realized

News Market Reaction – BCHT

+12.90%
6 alerts
+12.90% Session close to close
+19.5% Peak Tracked
-2.5% Trough Tracked
$57.87M Market Cap
0.2x Rel. Volume

In the Jun 3 session, BCHT gained 12.90%, reflecting a significant positive market reaction. Argus tracked a peak move of +19.5% during that session. Argus tracked a trough of -2.5% from its starting point during tracking. Our momentum scanner triggered 6 alerts that day, indicating moderate trading interest and price volatility.

Data tracked by StockTitan Argus on the day of publication.

Market Context

The stock surged +12.9% in the session following this news. A strong positive reaction aligns with t...
Analysis

The stock surged +12.9% in the session following this news. A strong positive reaction aligns with the legal clarity provided by dismissal and resolution of all IPR petitions against Birchtech’s core SEA® technology. The company already reported a final judgment of $78.4 million and about $37.0 million in prior settlements, reinforcing the value of its IP. Investors could also weigh that BCHT has traded well below its 52-week high and below its 200-day MA, which may influence how sustainable any outsized move appears.

Key Figures

Patent judgment: $78 million License fees & settlements: $37.0 million Final judgment amount: $78.4 million +4 more
7 metrics
Patent judgment $78 million Judgment referenced with collection efforts underway
License fees & settlements $37.0 million License fees and settlements received from utilities since 2020
Final judgment amount $78.4 million Final judgment awarded in December 2025, including pre-judgment interest
Patent enforcement duration Seven years Outcome described as final result after seven years of patent enforcement
First infringement claim 2019 Year Birchtech filed its first patent infringement claim
Favorable verdict year 2024 Year of unanimous federal jury verdict in Delaware against CERT defendants
Judgment increase year 2025 Year the court increased the final judgment amount to $78.4 million

Historical Context

5 past events · Latest: May 28 (Positive)
Pattern 5 events
Date Event Sentiment 24h Move Catalyst
May 28 Investor conference Positive +15.4% Participation in Noble Capital emerging growth virtual equity conference.
May 13 Earnings results Positive +17.2% Q1 2026 results with revenue growth, higher cash, and narrowed net loss.
May 05 CFO appointment Positive +0.6% Appointment of experienced finance executive as new Chief Financial Officer.
Apr 29 Earnings call notice Neutral +6.1% Announcement of date and logistics for upcoming Q1 2026 earnings call.
Apr 22 Industry exhibitions Positive -0.7% Plan to exhibit water-treatment solutions at multiple industry conferences.

24h Move is the share-price change in the day after each event; other market factors may also have contributed.

Pattern Detected

Recent BCHT news has often coincided with positive moves; 4 of the last 5 items saw gains, including earnings and conference participation, with only one minor divergence on a trade-show update.

Recent Company History

Over the past few months, BCHT has reported several milestones, including uplisting-related offerings, conference participation, and expanding its water-treatment profile. Recent events feature a Q1 2026 revenue increase and narrowed net loss, a new CFO with extensive experience, and ongoing investor outreach via conferences and exhibitions. Price reactions to these updates were mostly positive, with gains of 15.38%, 17.16%, and 6.08% around prior news. Today’s confirmation of resolved IPR challenges fits that trajectory of strengthening the business and legal foundation.

Key Terms

inter partes review (ipr), patent trial and appeal board (ptab), sorbent, pre-judgment interest, +1 more
5 terms
inter partes review (ipr) regulatory
"termination requests for all remaining Inter Partes Review (IPR) petitions filed against the Company's core patents"
An inter partes review (IPR) is an administrative process at the U.S. Patent and Trademark Office that allows a third party to challenge the validity of an issued patent before a specialized panel. Think of it as asking a neutral referee to re-check whether a patent’s key claims were valid; investors care because IPR outcomes can quickly change a company’s competitive edge, potential revenue from a patented product, and legal risk, which can affect a company’s valuation.
patent trial and appeal board (ptab) regulatory
"Every petition filed with the Patent Trial and Appeal Board (PTAB) to challenge Birchtech's patents has been dismissed"
The Patent Trial and Appeal Board (PTAB) is an administrative tribunal within the U.S. patent office that reviews challenges to the validity of issued patents, acting like a referee who can confirm, narrow, or cancel patent rights. Investors care because PTAB decisions can make a company’s patent portfolio stronger or weaker, which affects future revenue from products, licensing opportunities, and the risk of costly lawsuits, much like a ruling that changes the rules of the game.
sorbent technical
"Birchtech's patented SEA® sorbent technology captures mercury emissions from coal-fired power plants"
A sorbent is a material that soaks up or traps liquids, gases, or dissolved substances from their surroundings, working like a sponge or a magnet for specific contaminants. For investors, sorbents matter because they are central to products and processes that remove pollutants, capture chemicals, or control moisture; their effectiveness and cost influence product value, regulatory compliance, and operating expenses across many industries.
pre-judgment interest financial
"final judgement amount to $78.4 million awarded to Birchtech, inclusive of pre-judgment interest"
Pre-judgment interest is court-ordered interest added to a monetary award to compensate the winning party for the lost use of money from the time the harm or loss occurred until the judgment is paid. For investors it matters because it increases the size of legal liabilities or settlements, which can raise cash payments, affect reserves and earnings, and change the value of a company—think of it like interest charged on an overdue bill that makes the final tab larger the longer it goes unpaid.
post-judgment interest financial
"with post-judgment interest continuing to accrue daily"
Post-judgment interest is the additional money that accrues on a court-ordered monetary award from the date the judgment is entered until it is paid, like a continuing late fee on an unpaid bill. It matters to investors because it increases the final payout or the liability tied to a legal dispute, affecting expected cash flows, valuation of claims or reserves, and the timing and size of recoveries in a way similar to interest on any overdue debt.

AI-generated analysis. How Rhea-AI works. Not financial advice.

See more from StockTitan in Google Search and AI answers. Adds StockTitan as a preferred source · opens Google
Add on Google

Company's Mercury Removal Technology Patents Protected Against Invalidity Claims Following Termination of All Inter Partes Review (IPR) Petitions; Collection Efforts Remain Underway Following $78 Million Judgment

CORSICANA, Texas, June 03, 2026 (GLOBE NEWSWIRE) -- Birchtech Corp. (NYSE American: BCHT) (TSX: BCHT) (“Birchtech” or the “Company”), a leader in specialty activated carbon technologies for sustainable air and water treatment, today announced the filing of termination requests for all remaining Inter Partes Review (IPR) petitions filed against the Company's core patents. The final remaining entities involved in IPR proceedings have resolved their disputes with the Company and have moved to bring a complete end to all previously filed third-party challenges to the validity of the Company's patented SEA® mercury emissions removal technology.

No other active IPR proceedings remain. Every petition filed with the Patent Trial and Appeal Board (PTAB) to challenge Birchtech's patents has been dismissed, removed prior to institution, or resolved.

The Final Result Following Seven Years of Patent Enforcement

Birchtech's patented SEA® sorbent technology captures mercury emissions from coal-fired power plants, which is required under federal environmental regulations. Since filing its first patent infringement claim in 2019, the Company has pursued a disciplined strategy to protect its intellectual property portfolio, resulting in approximately $37.0 million in license fees and settlements received from utilities since 2020.

In March 2024, the Company received a favorable verdict following a jury trial in the U.S. District Court for the District of Delaware, whereby a federal jury returned a unanimous verdict against the CERT defendants on all counts, including findings of willful, inducing and contributory infringement. In December 2025, the Court increased the final judgement amount to $78.4 million awarded to Birchtech, inclusive of pre-judgment interest, with post-judgment interest continuing to accrue daily.

In 2024 and 2025, Birchtech filed additional litigation in multiple jurisdictions against utility defendants whose cases were subsequently consolidated in the U.S. District Court for the Southern District of Iowa. Those defendants separately filed IPR petitions at PTAB in an attempt to invalidate the Company's underlying patents.

Resolution of All IPR Proceedings

The IPR proceedings have been resolved through a combination of outcomes.

As a result, all parties previously involved in challenging Birchtech's patents are permanently barred from bringing further patent validity challenges against the Company's SEA® technology.

Management Commentary

“Since 2019, our patent protection strategy has been strong, highly enforceable and validated at the federal level,” said Richard MacPherson, Chief Executive Officer of Birchtech Corp. “The federal process, including PTAB, has been clear and thorough in its assessment of our claims. The removal of certain IPR petitions prior to institution reinforced the validity of our patents, and the resolution of the remaining challenges reflects our business-first approach.

“With these final challenges now resolved, that chapter is fully closed. The same expertise and intellectual property discipline that protected our Clean Air business is now being applied to Water. We are rapidly entering the massive, North American water treatment market with disruptive technologies and early commercial traction, a stable revenue foundation from our air business and a bolstered balance sheet.”

About Birchtech Corp.

Birchtech Corp. (NYSE American: BCHT) (TSX: BCHT) is a leader in specialty activated carbon technologies delivering innovative solutions for air and water purification to support a cleaner, more sustainable future. The Company provides patented SEA® sorbent technologies for mercury emissions capture for the coal-fired utility sector and SEA disruptive water purification technologies with a specialization on removing contaminants, including ‘forever chemicals’ such as PFAS, from potable water and industrial wastewater. Backed by a strong intellectual property portfolio and a team of activated carbon experts, Birchtech provides cleaner air to North American communities and is applying this expertise to a novel approach in water purification. To learn more, please visit www.birchtech.com.

Safe Harbor Statement

With the exception of historical information contained in this press release, content herein may contain “forward-looking statements” that are made pursuant to the Safe Harbor Provisions of the U.S. Private Securities Litigation Reform Act of 1995 or forward-looking information under applicable Canadian securities laws (collectively, “forward-looking statements”). Forward-looking statements are generally identified by using words such as “anticipate,” “believe,” “plan,” “expect,” “intend,” “will,” and similar expressions, but these words are not the exclusive means of identifying forward-looking statements. Forward-looking statements in this release include, without limitation, statements relating to expected developments and growth in Birchtech’s business. These statements are based on management’s current expectations and are subject to uncertainty and changes in circumstances. Investors are cautioned that forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from the statements made. In addition, this release contains time-sensitive information that reflects management’s best analysis only as of the date of this release. Birchtech does not undertake any obligation to publicly update or revise any forward-looking statements to reflect future events, information or circumstances that arise after the date of this release. Further information concerning issues that could materially affect financial performance or other forward-looking statements contained in this release can be found in Birchtech’s periodic filings with the Securities and Exchange Commission or Canadian securities regulators.

Investor Relations Contact

Lucas A. Zimmerman
Managing Director
MZ Group – MZ North America
(949) 259-4987
BCHT@mzgroup.us
www.mzgroup.us


FAQ

What did Birchtech (NYSE American: BCHT) announce about its SEA patent IPR challenges on June 3, 2026?

Birchtech announced that all remaining Inter Partes Review petitions against its SEA® mercury removal patents have been terminated. According to Birchtech, every PTAB petition has been dismissed, removed before institution, or resolved, and prior challengers are now permanently barred from future validity challenges.

What is the value of the court judgment Birchtech (BCHT) won in its Delaware patent case?

Birchtech holds a final judgment of $78.4 million from a Delaware federal case. According to Birchtech, this amount, increased in December 2025, includes pre-judgment interest, with post-judgment interest continuing to accrue daily while collection efforts remain in progress.

What did the March 2024 jury verdict decide in Birchtech’s (BCHT) patent infringement trial?

A federal jury returned a unanimous verdict against the CERT defendants on all counts in March 2024. According to Birchtech, the jury found willful, inducing, and contributory infringement of its SEA® mercury emissions removal patents in the U.S. District Court for the District of Delaware.

Are there any active Inter Partes Review proceedings against Birchtech’s (BCHT) SEA patents now?

There are no active Inter Partes Review proceedings against Birchtech’s SEA® patents. According to Birchtech, all PTAB petitions have been dismissed, removed before institution, or resolved, and prior petitioners are permanently barred from bringing further patent validity challenges against the SEA® technology.

How does Birchtech (BCHT) plan to use its patent expertise beyond mercury emissions control?

Birchtech plans to apply its patent protection discipline from its Clean Air business to water treatment. According to Birchtech, it is rapidly entering the North American water treatment market with new technologies, early commercial traction, a stable air-business revenue base and a bolstered balance sheet.