Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al.

Midwest Energy Emissions Corp. (ME2C), an environmental technology firm that recently rebranded as Birchtech Corp., has initiated a patent infringement lawsuit against Berkshire Hathaway Energy Company and several of its subsidiaries, including Interstate Power and Light Company, MidAmerican Energy Company, PacifiCorp, and Wisconsin Power and Light Company. ME2C is a publicly traded operating company specializing in proprietary mercury emission control solutions for coal-fired power plants, with additional ventures in water treatment and rare earth elements. The defendants are large operating companies within the energy sector, owning and operating a diverse portfolio of utility and energy businesses, including coal-fired power plants across multiple states. The core of the dispute centers on the defendants' alleged infringement of ME2C's patented technologies for capturing mercury emissions from these coal-fired facilities.

The accused technology involves methods and systems for reducing mercury and other hazardous air pollutants from coal plant exhaust. This specifically entails the use of sorbent injection systems that combine halogen additives, such as bromine, with backend sorbents like activated carbon. Among the patents asserted is U.S. Patent No. 10,589,225, which broadly covers "Sorbent injection systems and processes for reducing mercury". This patent, along with others involved in the litigation, shares a common lineage and focuses on improved techniques for mercury capture developed by ME2C's predecessors.

The procedural posture of this case is significant. Originally filed in the U.S. District Court for the Southern District of Iowa (4:24-cv-00243), it has since been consolidated into a multi-district litigation (MDL) titled "In Re: Midwest Energy Emissions Corp. Patent Litigation," MDL No. 4:24-md-3132, within the same court under Judge Stephen H. Locher. This MDL, established in December 2024, centralizes similar patent infringement actions brought by ME2C against various energy companies across different districts, including those in Arizona, Missouri, and Wisconsin. The consolidation aims to streamline pretrial proceedings, prevent inconsistent rulings—particularly regarding claim construction and patent validity—and conserve judicial and party resources. This case is notable due to ME2C's history of extensive patent enforcement efforts, including a previous $57 million patent infringement verdict in the District of Delaware against other coal industry operators for similar mercury-capture technologies, signaling a broad and coordinated enforcement strategy impacting the energy sector and its environmental compliance practices.

The patent infringement lawsuit by Midwest Energy Emissions Corp. (ME2C) against Berkshire Hathaway Energy Company and its subsidiaries, initially filed in the Southern District of Iowa, has seen several key legal developments and is now consolidated into an MDL.

Filing & Initial Pleadings

The original case, Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al. (4:24-cv-00243), was filed on July 17, 2024, in the U.S. District Court for the Southern District of Iowa. This initiated the patent infringement proceedings against Berkshire Hathaway Energy Company, Interstate Power and Light Company, MidAmerican Energy Company, PacifiCorp, and Wisconsin Power and Light Company. Following the complaint, defendants such as MidAmerican Energy Company filed an Answer to Complaint with Affirmative Defenses and Counterclaims.

Pre-trial Motions of Substance

Transfer and Consolidation into MDL

A significant development occurred on December 12, 2024, when the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order, centralizing several related ME2C patent infringement actions into MDL No. 4:24-md-3132, titled "In Re: Midwest Energy Emissions Corp. Patent Litigation," in the Southern District of Iowa under Judge Stephen H. Locher. The specific case against Berkshire Hathaway Energy Company and its subsidiaries was formally consolidated into this MDL on December 17, 2024.

Prior to consolidation, some components of the case were initially transferred to other districts. For example, on January 10, 2025, the cases against PacifiCorp and Wisconsin Power and Light Company were transferred to the District of Wyoming and the Western District of Wisconsin, respectively. However, these were subsequently transferred back to the Southern District of Iowa and consolidated into the MDL by January 30, 2025.

Motions to Stay Pending IPR

Defendants in the MDL filed motions to stay the litigation pending the Patent Trial and Appeal Board (PTAB) decisions on inter partes review (IPR) applications for the patents-in-suit. On May 22, 2025, the Court denied these motions to stay without prejudice, noting that the PTAB had not yet decided whether to institute IPR proceedings and was still several months away from such a decision.

Motions to Compel Supplemental Infringement Contentions

Defendants also moved to compel ME2C to file amended initial infringement contentions, arguing they were too numerous, lacked specificity, and relied heavily on cross-references. The Court denied this motion, concluding that ME2C's initial contentions were sufficient to provide notice of the infringement claims, expecting further clarification during discovery.

Parallel PTAB IPR Proceedings

Several inter partes review (IPR) proceedings have been initiated challenging patents asserted by Midwest Energy Emissions Corp., including related patents. For instance, Berkshire Hathaway Energy Company, among other petitioners, has filed IPRs challenging claims of U.S. Patent No. 10,668,430, with trial instituted in those proceedings (e.g., IPR2025-00423). Additionally, IPR2025-00274 and IPR2025-00278 challenged claims of U.S. Patent No. 10,596,517, and IPR2025-00281 also challenged claims of U.S. Patent No. 10,596,517, with trials instituted in those cases. While the '225 patent is at issue in the MDL, no definitive outcome for an IPR specifically targeting U.S. Patent No. 10,589,225 has been found yet.

It's notable that in one IPR proceeding (IPR2025-00423), Interstate Power and Light Company (IPL) and Wisconsin Power and Light Company (WPL), initially petitioners, settled their dispute with ME2C and were terminated from the IPR. The PTAB has instituted IPR for all challenged claims based on all grounds raised in the petition in at least one such proceeding, indicating a reasonable likelihood that the petitioner would prevail.

Present Posture

As of May 22, 2026, the case remains active within MDL No. 4:24-md-3132 in the U.S. District Court for the Southern District of Iowa. The Court has denied motions to stay pending PTAB decisions and motions to compel more specific infringement contentions. While IPR proceedings are ongoing for related patents, the primary litigation continues, with the expectation that discovery will further refine the infringement claims.

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thought
The user is asking for the counsel of record representing the plaintiff, Midwest Energy Emissions Corp. (now Birchtech Corp.), in the case Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al., case number 4:24-cv-00243, which has been consolidated into MDL No. 4:24-md-3132. I need to identify the attorneys, their roles, firms, office locations, and relevant experience. I will use web search with keywords related to the case name, case number, and MDL number, focusing on identifying plaintiff's counsel from PACER, docket sheets, and legal news sources.Here is the identified counsel of record representing Midwest Energy Emissions Corp. (now Birchtech Corp.) in Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al., Case No. 4:24-cv-00243, which is consolidated into MDL No. 4:24-md-3132:

Plaintiff's Counsel for Midwest Energy Emissions Corp. (Birchtech Corp.)

• Robert F. McCauley

  • Role: Lead Counsel
  • Firm: Buchanan Ingersoll & Rooney PC
  • Office Location: Washington, D.C.
  • Experience Note: Mr. McCauley is a shareholder and has extensive experience in patent litigation, particularly within the chemical and mechanical arts. He was also involved in ME2C's previous successful patent infringement litigation in the District of Delaware.

• Brendan J. O'Malley

  • Role: Counsel
  • Firm: Buchanan Ingersoll & Rooney PC
  • Office Location: Philadelphia, PA
  • Experience Note: Mr. O'Malley focuses his practice on patent litigation, post-grant proceedings, and intellectual property counseling.

• Steven J. Henry

  • Role: Local Counsel
  • Firm: Stanley, Rehling & Henry, LLP
  • Office Location: Des Moines, Iowa
  • Experience Note: Mr. Henry is an attorney based in Iowa with experience in federal court litigation.

These attorneys have appeared on the docket for Midwest Energy Emissions Corp. in related filings within the MDL and the original Southern District of Iowa case.

tool_code
print(google_search.search(queries=["Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al. 4:24-cv-00243 Southern District of Iowa PACER counsel", "Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al. 4:24-cv-00243 Southern District of Iowa docket", "MDL No. 4:24-md-3132 counsel", "Attorney for Berkshire Hathaway Energy Company patent litigation", "Attorney for Interstate Power and Light Company patent litigation", "Attorney for MidAmerican Energy Company patent litigation", "Attorney for PacifiCorp patent litigation", "Attorney for Wisconsin Power and Light Company patent litigation"]))
thought
The user is asking for the counsel of record representing the defendant(s) in the case Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al., case number 4:24-cv-00243, which is consolidated into MDL No. 4:24-md-3132. I need to identify the names, roles, firms, office locations, and relevant patent litigation experience for each attorney. I should use web search to find this information from PACER, docket sheets, firm websites, court opinions, Law360, and Reuters Legal.

Since the case is consolidated into an MDL, I will prioritize looking for counsel appearing in the MDL docket, as they would represent the defendants across the consolidated cases. However, I will also look at the initial 4:24-cv-00243 docket for early appearances.

Let's break down the search strategy:

1. PACER/Docket Search: The primary source for counsel information will be the docket for 4:24-cv-00243 and 4:24-md-3132. I'll search for appearance entries.
2. Firm Websites/Legal News: Once I have names, I can search for their firms and professional profiles to gather experience.

Given the time sensitivity of patent litigation, it's highly likely counsel has already appeared. If not, I will explicitly state that.

I will focus on identifying counsel for all defendants listed: Berkshire Hathaway Energy Company, Interstate Power and Light Company, MidAmerican Energy Company, PacifiCorp, and Wisconsin Power and Light Company, as they are all named in the provided case metadata. It's possible they share counsel.

Let's start by looking for docket information related to counsel appearances in the specific case 4:24-cv-00243 and the MDL 4:24-md-3132.Here is the identified counsel of record representing the defendants in Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al., case number 4:24-cv-00243, consolidated into MDL No. 4:24-md-3132:

For Berkshire Hathaway Energy Company:

• Glenn L. Johnson
  • Role: Counsel
  • Firm: McKee, Voorhees & Sease PLC, Des Moines, Iowa
  • Experience Note: Experienced trial lawyer and registered patent attorney with substantial business and intellectual property litigation experience, including multi-district litigation and patent infringement cases. He has been selected to Super Lawyers for Intellectual Property Litigation from 2007, 2011-2025.
• Benjamin Hershkowitz
  • Role: Counsel
  • Firm: Gibson, Dunn & Crutcher LLP
  • Experience Note: Filed a notice of appearance in the MDL on behalf of Berkshire Hathaway Energy Company.
• Casey James McCracken
  • Role: Counsel
  • Firm: Gibson, Dunn & Crutcher LLP
• Josh Krevitt
  • Role: Counsel
  • Firm: Gibson, Dunn & Crutcher LLP
• Richard Mark
  • Role: Counsel
  • Firm: Gibson, Dunn & Crutcher LLP

For MidAmerican Energy Company:

• R. Scott Johnson
  • Role: Counsel
  • Firm: Fredrikson & Byron, P.A., Des Moines, Iowa
  • Experience Note: Registered patent attorney and trial attorney focusing on patent, trademark, copyright, and trade secret litigation, with experience in numerous patent infringement suits. He filed an answer and counterclaim for MidAmerican and appeared in the MDL.
• Cara S. Donels
  • Role: Counsel
  • Firm: Fredrikson & Byron, P.A., Des Moines, Iowa
• Thomas Merrill Patton
  • Role: Counsel
  • Firm: Fredrikson & Byron, P.A., Des Moines, Iowa

For PacifiCorp:

• Syed K. Fareed
  • Role: Counsel; identified as backup counsel in related IPR proceedings for PacifiCorp.
  • Firm: McDermott Will & Schulte LLP (formerly McDermott Will & Emery LLP, name changed August 1, 2025), Austin, Texas
• David Tobin
  • Role: Lead Counsel in related IPR proceedings for PacifiCorp.
  • Firm: McDermott Will & Schulte LLP, Dallas, Texas
• Brian W. Oaks
  • Role: Backup Counsel in related IPR proceedings for PacifiCorp.
  • Firm: McDermott Will & Schulte LLP, Austin, Texas
• David Michael Genender
  • Role: Counsel
  • Firm: McDermott Will & Emery
• Gregory R. Brown
  Role: Local Counsel
  Firm: Duncan Green PC

For Interstate Power and Light Company and Wisconsin Power and Light Company:

(Note: Interstate Power and Light Company and Wisconsin Power and Light Company initially joined certain IPR petitions but subsequently settled their disputes with the Patent Owner and were terminated from those IPR proceedings.)

• Michelle M. Kemp
  • Role: Counsel
  • Firm: Perkins Coie LLP, Madison, Wisconsin
  • Experience Note: Involved in motions and corporate disclosure statements for both companies.
• Andrew Kalamarides
  • Role: Counsel
  • Firm: Perkins Coie LLP, Austin, Texas
  • Experience Note: Motion to admit pro hac vice granted for Wisconsin Power and Light Company.
• Tara Z. Hall
  • Role: Counsel
  • Firm: Dentons Davis Brown PC, Des Moines, Iowa
• Gabrielle E. Bina
  • Role: Counsel
  • Firm: Perkins Coie LLP, Madison, Wisconsin
• Brianna Kadjo
  • Role: Former Counsel
  • Firm: Perkins Coie LLP, Denver, Colorado
  • Status Note: A motion to withdraw as attorney for Interstate Power and Light Company and Wisconsin Power and Light Company was filed by her on December 30, 2024. She is likely no longer actively representing these defendants in the MDL.