Mr. Richard MacPherson reports
BIRCHTECH COMMENCES ENFORCEMENT OF $78 MILLION JUDGMENT PAYMENT
Birchtech Corp. on Feb. 2, 2026, formally requested payment of its $78-million judgment against the CERT entities in its Delaware litigation.
On Dec. 29, 2025, the U.S. District Court of Delaware issued a final judgment of $78-million against the CERT defendants following the jury trial in March, 2024, which concluded with a verdict that included a unanimous finding against the defendants of willful infringement, along with inducing and contributory infringement. Pursuant to Federal Rule 62(a), the 30-day stay of execution from the issuance of the final judgment has lapsed and the company may begin immediate enforcement of its judgment.
On Jan. 28, 2026, CERT filed a notice of appeal and CERT is still permitted to seek a bonded stay to prevent execution of the judgment pending its appeal. If CERT does seek this protection, it will need to provide a bond or other security to ensure that the judgment is collectable. CERT's failure to request a bonded stay during the 30-day period of the automatic stay means that Birchtech is free to seek payment of the full judgment amount unless a court approves CERT's bond or other security. Interest on the $78-million judgment amount continues to accrue during the appeal period.
Richard MacPherson, chief executive officer of Birchtech, said, "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."
About Birchtech Corp.
Birchtech is a provider of specialty activated carbon technologies, delivering innovative solutions for air and water purification to support a cleaner, more sustainable future.
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