Midwest Energy Emissions Corp. v. Evergy Metro, Inc.

Midwest Energy Emissions Corp. (MEEC), operating as ME2C Environmental and now also known as Birchtech Corp., is the plaintiff in this patent infringement litigation. MEEC is an environmental services and technology company that develops and delivers patented solutions for mercury emission control, primarily for coal-fired utilities, helping them meet stringent EPA standards. The defendant, Evergy Metro, Inc., is an operating subsidiary of Evergy, Inc., a regulated electric utility providing electricity to 1.7 million customers across Kansas and Missouri, with significant generation from coal-fired plants. Evergy, Inc. was dismissed by stipulation from this specific case. The accused technology involves systems and processes for capturing mercury pollution at coal-fired power plants, particularly through the use of halogen additives and activated carbon. The specific patent asserted in this case is US Patent 10668430, which broadly covers system configurations for emission control.

This action, originally filed in the U.S. District Court for the Southern District of Iowa (Case No. 4:25-cv-00046), was subsequently consolidated into MDL No. 3132, "IN RE: Midwest Energy Emissions Corp. Patent Litigation," in the same district. The MDL centralizes similar patent infringement cases brought by ME2C from various judicial districts, including Arizona and Eastern Missouri, to promote judicial efficiency, streamline discovery, and ensure consistent rulings on critical issues like claim construction and patent validity. The Southern District of Iowa was deemed an appropriate transferee forum, and Judge Stephen H. Locher was assigned to oversee the consolidated proceedings. While the initial case against Evergy Metro, Inc. did not reach a merits verdict, its transfer to the MDL means the litigation will continue as part of this broader multi-district effort.

This case is notable as part of a significant, multi-defendant patent enforcement campaign by Midwest Energy Emissions Corp., reflecting its strategy as an operating company to protect its proprietary mercury capture technologies essential for coal-fired power plants to comply with environmental regulations. ME2C has a history of successful patent litigation, including a $57 million jury verdict in a prior Delaware district court case involving similar mercury-capture technology patents. The consolidation into an MDL highlights the plaintiff's coordinated approach against numerous utility defendants, which often leads to unified defense strategies and increased pressure for global settlements. Furthermore, while specific outcomes for IPRs are not yet known for this patent, the MDL court has already addressed defendants' efforts to stay proceedings pending inter partes review decisions, indicating that challenges to patent validity at the Patent Trial and Appeal Board are a concurrent defensive strategy.

Midwest Energy Emissions Corp. initiated patent infringement litigation against Evergy Metro, Inc. (and other Evergy entities) in a case that was subsequently consolidated into a Multi-District Litigation (MDL). The litigation centers on US Patent 10668430, among others, related to mercury emissions control technology.

Here are the key legal developments and outcome for this patent infringement litigation:

Key Legal Developments

• 2025-02-06: Complaint Filed. Midwest Energy Emissions Corp. (ME2C) filed a patent infringement lawsuit against Evergy Metro, Inc., Evergy, Inc., Evergy Missouri West, Inc., and Evergy Kansas Central, Inc., in the U.S. District Court for the Southern District of Iowa (Case No. 4:25-cv-00046). The complaint asserted, among other patents, U.S. Patent No. 10,668,430.
• 2025-02-04 (Transfer Order date, though applied after filing): Consolidation into MDL No. 3132. The case was quickly transferred and consolidated into MDL No. 3132, titled "IN RE: Midwest Energy Emissions Corp. Patent Litigation," for coordinated pretrial proceedings. This MDL was established by the Judicial Panel on Multidistrict Litigation to centralize similar emissions control patent infringement claims against various defendants across different federal districts, including actions from Arizona, Eastern Missouri, and Southern Iowa. The Southern District of Iowa was designated as the transferee forum.
• 2025-02-14: Extension of Time to Respond. An order was issued granting Evergy Kansas Central, Inc.'s, Evergy Metro, Inc.'s, Evergy Missouri West, Inc.'s, and Evergy, Inc.'s deadlines to answer or otherwise respond to Plaintiff's complaint, extending them to March 17, 2025.
• 2025-01-17 to 2025-04-08: Parallel PTAB IPR Petitions Initiated. Several defendants in the broader MDL, including MidAmerican Energy Company, PacifiCorp, Wisconsin Power and Light Company, and Interstate Power and Light Company, filed petitions for inter partes review (IPR) of all six asserted patents at the Patent Trial and Appeal Board (PTAB), including US Patent 10668430. These petitions were filed between January 17, 2025, and April 8, 2025. Additionally, Ameren Corp. and Union Electric Co. indicated their intent to file IPR petitions for five of the six patents. The PTAB has up to six months from the date of each petition to decide whether to institute review proceedings.
• 2025-03-31: Evergy, Inc. Dismissed. Defendant Evergy, Inc. was dismissed from Case No. 4:25-cv-00046 without prejudice by stipulation of the parties.
• 2025-04-01: Claims against Evergy Kansas Central, Inc. Transferred. Plaintiff's claims against Evergy Kansas Central, Inc. were transferred to the U.S. District Court for the District of Kansas.
• 2025-05-22: Motions to Stay Pending IPR Denied Without Prejudice. Motions to stay the consolidated case pending the PTAB's decision on whether to institute IPR proceedings were filed by some defendants, but were denied without prejudice by the court in the MDL. The court noted that the defendants waited approximately six months after the lawsuit was filed to seek IPR, and that the PTAB had not yet decided on institution.
• 2025-05-22: Infringement Contentions Deemed Sufficient. The court denied defendants' request to order ME2C to file amended initial infringement contentions, finding that ME2C had provided sufficient notice of its claims, with the expectation that details would be refined during discovery.
• 2025-09-24: Original Case Closed via Transfer. The original case, 4:25-cv-00046, was formally closed in the U.S. District Court for the Southern District of Iowa due to its transfer and consolidation into MDL No. 3132.

Outcome

The individual case of Midwest Energy Emissions Corp. v. Evergy Metro, Inc. (4:25-cv-00046) did not reach a merits verdict in the Southern District of Iowa. Instead, it was terminated through transfer and consolidation into MDL No. 3132. Evergy, Inc. was dismissed by stipulation, and claims against Evergy Kansas Central, Inc. were transferred to a different district. The substantive patent infringement claims against the remaining Evergy entities (Evergy Metro, Inc. and Evergy Missouri West, Inc.) are now proceeding as part of the broader MDL No. 3132, which aims to centralize pretrial proceedings, including discovery and claim construction, for efficiency and consistency. Parallel IPR proceedings on the asserted patents are ongoing at the PTAB, but motions to stay the MDL pending institution decisions were denied.

Midwest Energy Emissions Corp. is represented by attorneys from Caldwell Cassady & Curry, PC, acting as lead counsel, and potentially local counsel as identified through the docket. Caldwell Cassady & Curry has a history of representing Midwest Energy Emissions Corp. in patent litigation, including securing a $57 million patent infringement verdict in a separate Delaware case (Midwest Energy Emissions Corp., et al. v. Arthur J. Gallagher & Co., et al., No: 1:19-cv-01334).

The identified counsel of record for Midwest Energy Emissions Corp. in Midwest Energy Emissions Corp. v. Evergy Metro, Inc. (4:25-cv-00046) include:

• Bradley Wayne Caldwell

  • Role: Lead Counsel
  • Firm: Caldwell Cassady & Curry, PC, Dallas, Texas
  • Experience: Served as lead trial counsel for Midwest Energy Emissions Corp. in a patent infringement case in Delaware, resulting in a $57 million jury verdict for mercury-capture technology patents. He has also secured other significant patent infringement verdicts against technology companies.

• Justin Thomas Nemunaitis

  • Role: Lead Counsel
  • Firm: Caldwell Cassady & Curry, PC, Dallas, Texas
  • Experience: Part of the trial team that secured a $57 million patent infringement verdict for Midwest Energy Emissions Corp. in Delaware.

• Richard A. Cochrane

  • Role: Lead Counsel
  • Firm: Caldwell Cassady & Curry, PC, Dallas, Texas
  • Experience: Played a vital role in the Caldwell Cassady & Curry team that won the $57 million patent infringement verdict for Midwest Energy Emissions Corp. in Delaware.

• Austin Curry

  • Role: Lead Counsel
  • Firm: Caldwell Cassady & Curry, PC, Dallas, Texas
  • Experience: Represents clients in patent litigation as part of Caldwell Cassady & Curry.

The names Jeffrey M. McEvoy, Jonathan S. McGehee, Brian C. Darville, and Benjamin R. Norris were not found as counsel of record for the plaintiff in this specific patent infringement case based on the provided search results. Jeffrey P. McEvoy appears to practice business law in Frederick, MD. Jonathan L. McGehee specializes in intellectual property, including copyright, trademark, and some patent-related strategies, with a focus on Iowa, and joined Lane & Waterman in 2023. Brian C. Darville chairs the Trademark and Copyright Practice Group at Oblon in Alexandria, VA, with a focus primarily on trademark and copyright litigation. Benjamin Norris has experience in corporate & commercial matters, real estate, and bankruptcy, with firms in Barbados and Phoenix, AZ, or general practice/IP in Strawberry Plains, TN.

In the patent infringement case Midwest Energy Emissions Corp. v. Evergy Metro, Inc., Case No. 4:25-cv-00046, the matter was transferred and consolidated into multi-district litigation (MDL) No. 3132, titled In Re: Midwest Energy Emissions Corp. Patent Litigation, in the U.S. District Court for the Southern District of Iowa. The original case was terminated by transfer on September 24, 2025, and substantive issues are now addressed within the MDL. While Evergy, Inc. was dismissed by stipulation in a related case also transferred to the MDL, Evergy Metro, Inc. remains a defendant in the consolidated proceedings.

Based on available docket information for MDL No. 3132, the following counsel has appeared for the Evergy entities, including Evergy Metro, Inc.:

• Michael Reck
  • Role: Counsel (indicated by pro hac vice motion filing for multiple Evergy entities)
  • Firm & Office Location: While the specific firm is not detailed in the snippet, attorneys appearing pro hac vice typically do so from firms outside the forum state (Southern District of Iowa). Further research would be needed to definitively identify his firm and office location from this source.
  • Relevant Experience: The filing of a motion for leave to appear pro hac vice suggests he is actively representing Evergy Metro, Inc. in the patent litigation. More detailed experience would require a search of his professional profile.

To provide a complete profile, additional search is required to identify Michael Reck's firm and relevant patent litigation experience. No other specific counsel for Evergy Metro, Inc. are readily identifiable in the provided snippets.