Midwest Energy Emissions Corp. et al. v. CERT Operations II LLC et al.

Midwest Energy Emissions Corp. (ME2C Environmental), an environmental technology firm that recently rebranded to Birchtech Corp., along with its subsidiary MES Inc., are the plaintiffs in this patent infringement lawsuit. Midwest Energy Emissions specializes in developing and delivering patented solutions for mercury emissions control, primarily for coal-fired power plants, utilizing its Sorbent Enhancement Additive (SEA®) technology. The defendants, including CERT Operations II LLC and other affiliated CERT entities, are limited liability companies involved in coal industry operations, specifically coal refining. The accused technology involves the defendants' use of processes to reduce mercury emissions in coal-fired power plants, which Midwest Energy Emissions alleges infringes its proprietary methods.

The asserted patent, U.S. Patent No. 10,596,517, titled "Sorbents for the oxidation and removal of mercury," generally describes methods and materials for the cost-effective removal of mercury and other pollutants from flue gas streams generated during the burning or gasification of fossil fuels, particularly using halogen/halide-promoted activated carbon sorbents. Another patent, U.S. Patent No. 10,343,114, was also asserted during the trial.

The case was filed in the U.S. District Court for the District of Delaware (Case No. 1:19-cv-01334) and presided over by U.S. Magistrate Judge Christopher J. Burke. The District of Delaware is a prominent venue for patent litigation due to its judicial expertise in patent law, predictable procedural rules, and the high number of corporations incorporated in Delaware, which establishes venue. This case is notable due to the significant $57 million jury verdict awarded to Midwest Energy Emissions, later finalized as a $78 million judgment, against the CERT Defendants for willful infringement of mercury-capture technology, reinforcing the value of intellectual property in the environmental technology sector. The litigation initially involved 43 defendants, with many settling before trial, indicating a broader enforcement effort by Midwest Energy Emissions against unlicensed users of its technology in the coal-fired utility industry.

Midwest Energy Emissions Corp. and MES Inc. (later Birchtech Corp.) filed a patent infringement lawsuit against CERT Operations II LLC and other defendants in the U.S. District Court for the District of Delaware (Case No. 1:19-cv-01334) in July 2019. The case involved allegations of indirect and willful infringement of U.S. Patent No. 10,596,517 and U.S. Patent No. 10,343,114.

Here's a chronological breakdown of the key legal developments and outcome:

Filing & Initial Pleadings:

• Complaint Filed: The initial complaint was filed in July 2019. The plaintiffs, Midwest Energy Emissions Corp. (a Delaware corporation) and MES Inc. (a North Dakota corporation), asserted claims related to mercury control at coal-fired power plants. MES Inc. later became Birchtech Corp. The defendants, including CERT Operations II LLC, CERT Operations IV LLC, CERT Operations V LLC, CERT Operations RCB LLC, and several other associated LLCs, were Delaware limited liability companies involved in producing and selling refined coal.

Pre-trial Motions of Substance:

• Summary Judgment Motions: The Court addressed various summary judgment motions, with some granted-in-part and denied-in-part in October 2023. For instance, summary judgment was granted for all claims of contributory infringement against the four CERT Operations Companies and all claims against AJG Iowa. All other aspects of the motion were denied.
• Daubert Motions: In February 2024, the Court issued a Memorandum Order addressing the CERT Defendants' motion to reconsider the denial of a motion to exclude testimony from the plaintiffs' damages expert regarding the inclusion of tax credits in patent damages. The motion was granted-in-part and denied-in-part.
• Motions to Stay Pending IPR (in related MDL): In a related multidistrict litigation (MDL No. 3132) in the Southern District of Iowa, an order denying without prejudice a pre-institution stay was issued on May 22, 2025.

Claim Construction (Markman) Outcomes:

• While explicit details of a dedicated Markman hearing and order were not immediately found, it is noted that in parallel PTAB proceedings concerning the '517 patent, the petitioner stated that no term required construction and that all terms were given their plain and ordinary meaning consistent with the construction provided by Magistrate Judge Burke in the District of Delaware. This suggests that claim construction did occur in the district court.

Discovery Milestones:

• Specific strategic discovery milestones were not detailed in the provided search results.

Trial Events, Verdict, and Post-Trial Motions:

• Jury Trial: A five-day jury trial was held from February 26, 2024, through March 1, 2024.
• Jury Verdict: At the conclusion of the trial, the jury returned a verdict on all counts in favor of the plaintiffs, Midwest Energy Emissions Corp. and MES Inc., including an award of damages. The existing case summary notes a $57 million verdict.
• Bench Trial on Implied License: On May 30, 2024, the Court held a separate bench trial concerning CERT's implied license defense. In June 2025, the Court determined that CERT failed to prove by a preponderance of the evidence that it had an implied license to the asserted patents.
• Post-Trial Motions (JMOL and New Trial): CERT filed a motion for judgment as a matter of law (JMOL) and a motion for a new trial on issues including induced infringement, contributory infringement, willful infringement, and damages. In November 2025, the Court denied CERT's motion for a new trial.

Settlement, Dismissal, Judgment, or Appeal:

• Final Judgment: A final $78 million judgment was issued in December 2025 (as stated in the existing summary).
• Appeal: The judgment has since been appealed.

Parallel PTAB IPR/PGR Proceedings:

• IPR Proceedings for 10,596,517: Two Inter Partes Review (IPR) petitions were granted institution by the Patent Trial and Appeal Board (PTAB) against U.S. Patent No. 10,596,517 (the "Challenged Patent") in proceedings IPR2020-00832 and IPR2020-00834.
• Other IPRs: There are also references to IPR2025-00422 for Patent No. 10,668,430, where the PTAB previously instituted IPRs on similar art. These PTAB proceedings were referenced in discussions regarding discretionary denial in the related MDL. The PTAB has already opined on the validity or patentability of the challenged claims in some instances, though the District of Delaware did not determine validity in the trial. The status and final written decisions for IPR2020-00832 and IPR2020-00834 were not detailed in the provided snippets.

Midwest Energy Emissions Corp. and MES Inc. (now Birchtech Corp.) were represented by a team of experienced patent litigators.

Lead Trial Counsel:

• Bradley W. Caldwell (Lead Counsel)
  • Firm: Caldwell Cassady & Curry P.C., Dallas, TX.
  • Note: Caldwell served as lead trial counsel, successfully securing a $57 million jury verdict for Midwest Energy. His firm has a strong track record in intellectual property cases, with numerous nine-figure and eight-figure patent infringement verdicts.

Other Key Counsel from Caldwell Cassady & Curry P.C.:

• Justin T. Nemunaitis (Counsel)
  • Firm: Caldwell Cassady & Curry P.C., Dallas, TX.
  • Note: Nemunaitis presented witnesses at trial.
• Daniel R. Pearson (Counsel)
  • Firm: Caldwell Cassady & Curry P.C., Dallas, TX.
  • Note: Pearson presented witnesses at trial.
• Warren J. McCarty, III (Counsel)
  • Firm: Caldwell Cassady & Curry P.C., Dallas, TX.
  • Note: McCarty presented witnesses at trial.
• Adrienne R. Dellinger (Counsel)
  • Firm: Caldwell Cassady & Curry P.C., Dallas, TX.
  • Note: Dellinger played a vital role for the trial team.
• Aisha M. Haley (Counsel)
  • Firm: Caldwell Cassady & Curry P.C., Dallas, TX.
  • Note: Haley played a vital role for the trial team.
• Richard A. Cochrane (Counsel)
  • Firm: Caldwell Cassady & Curry P.C., Dallas, TX.
  • Note: Cochrane played a vital role for the trial team.

Local Counsel:

• James M. Lennon (Local Counsel)
  • Firm: Devlin Law Firm LLC, Wilmington, DE.
• Peter Akawie Mazur (Local Counsel)
  • Firm: Devlin Law Firm LLC, Wilmington, DE.

The defendants in Midwest Energy Emissions Corp. et al. v. CERT Operations II LLC et al. were represented by several law firms and attorneys. Based on available docket information, the counsel of record for the CERT Defendants includes:

Morris James LLP (Wilmington, DE)

• Kenneth L. Dorsney: Local Counsel. His practice focuses on intellectual property litigation.
• Cortlan S. Hitch: Local Counsel. His practice includes intellectual property litigation.

Bradley Arant Boult Cummings LLP (Birmingham, AL, and Washington, D.C.)

• Jeff Dyess: Lead Counsel. Focuses on intellectual property litigation.
• Paul Sykes: Lead Counsel. Specializes in intellectual property and commercial litigation.
• Benn Wilson: Lead Counsel. Experienced in intellectual property disputes.
• Jessica Zurlo: Lead Counsel (Washington, D.C. office). Her practice includes intellectual property litigation.
• Ashley M. Robinson: Lead Counsel (Birmingham, AL office). Also listed as counsel for the defendants.

While not representing the CERT defendants specifically in the trial leading to the $57 million verdict, other firms appeared for different groups of defendants earlier in the sprawling litigation that initially involved 43 defendants:

Morris, Nichols, Arsht & Tunnell LLP (Wilmington, DE)

• Jack B. Blumenfeld: Local Counsel. He focuses on patent litigation and handles lead, Delaware, and co-counsel roles. He has represented Qualcomm and Intel in patent disputes.
• Brian P. Egan: Local Counsel.
• Anthony D. Raucci: Local Counsel. Morris Nichols is recognized as a premier patent litigation firm in Delaware and has handled a significant number of intellectual property cases in the District of Delaware.

Gibson, Dunn & Crutcher LLP (New York, NY, and Denver, CO)

• Richard W. Mark: Lead Counsel.
• Joseph Evall: Lead Counsel.
• Paul J. Kremer: Lead Counsel.
• David Glandorf: Lead Counsel (Denver, CO office).

Skadden, Arps, Slate, Meagher & Flom LLP (Wilmington, DE, and New York, NY)

• Nicole A. DiSalvo: Lead Counsel.
• Jessica R. Kunz: Lead Counsel.
• Daniel S. Atlas: Lead Counsel.
• Douglas R. Nemec: Lead Counsel (New York, NY office).
• Leslie A. Demers: Lead Counsel (New York, NY office).

It is important to note that the CERT Operations defendants specifically, against whom the $57 million verdict was rendered, were represented by Morris James LLP and Bradley Arant Boult Cummings LLP during the trial.