Birchtech Files Appellee Brief Urging Federal Circuit To Affirm $78.4M Patent Infringement Judgment Against CERT Defendants

Brief Details the Evidence and Law Supporting the Jury’s Findings on Inducement, Contributory Infringement and Damages; Post-Judgment Interest Continues to Accrue During the Appeal

CORSICANA, Texas, Nov. 02, 2026 (GLOBE NEWSWIRE) -- Birchtech Corp. (NYSE:BCHT) TSX: BCHT) ("Birchtech" or the "Company"), a leader in specialty activated carbon technologies for sustainable air and water treatment, today announced that it has filed its appellee brief with the U.S. Court of Appeals for the Federal Circuit in response to the appeal filed by the CERT defendants challenging the approximately $78 million final judgment entered in favor of Birchtech by the U.S. District Court for the District of Delaware.

Birchtech filed the brief on October 22, 2026, in Birchtech Corp. v. Arthur J. Gallagher & Co., et al., Federal Circuit Case No. 2026-1403, on appeal from District of Delaware Case No. 1:19-cv-01334-CJB. The brief asks the Federal Circuit to affirm the jury’s verdict and the District Court’s final judgment in full.

The patent litigation, which involves Birchtech’s patented SEA® (Sorbent Enhancement Additive) mercury emissions control technology for coal-fired power plants, was originally filed in July 2019 against 43 defendants. By the March 2024 jury trial, the case had narrowed to the remaining CERT defendants following settlements and license agreements with other defendants. A federal jury in the District of Delaware returned a unanimous $57 million verdict against the CERT defendants, finding them liable for willful infringement, along with inducing and contributory infringement. In December 2025, the Court increased the final judgment amount to $78.4 million awarded to Birchtech, inclusive of pre-judgment interest, with post-judgment interest continuing to accrue daily.

The brief responds to each of CERT’s challenges to the verdict and judgment, including those concerning liability, the jury instructions and damages. In doing so, it cites and quotes the District Court’s pretrial and post-trial opinions, issued before entry of final judgment, in which the Court reaffirmed the legal standards applied at trial and rejected many of the same arguments CERT now raises on appeal.

The appeal does not suspend the accrual of interest. Post-judgment interest on the judgment continues to accrue until it is paid.