Litigation summary

tool_code
print(google_search.search(queries=["US patent 10596517 litigation unified patents", "US patent 10596517 pacer", "US patent 10596517 CAFC case number 26-1403 status"]))
thought
The user is asking for a list of known litigation involving US patent 10596517. I need to provide the plaintiff(s), defendant(s), jurisdiction, case number, filing date, and outcome or current status for each case.

I have some litigation information from the provided patent text, which I should prioritize. It lists several district court cases and PTAB cases, as well as one CAFC case. I need to organize this information and try to find outcomes or current statuses for these cases.

The patent text itself provides links to Unified Patents for some of the cases, which I will use. For the CAFC case (26-1403), I will specifically look for its status.

Let's break down the information I have and what I need to search for:

From the provided patent text (Google Patents data):

• CAFC:
  • Jurisdiction: Court of Appeals for the Federal Circuit
  • Case Number: 26-1403
  • Source: Unified Patents Litigation Data link provided: https://portal.unifiedpatents.com/litigation/Court%20of%20Appeals%20for%20the%20Federal%20Circuit/case/26-1403
• District Court Cases (Multiple):
  • Kansas District Court: 5:25-cv-04033 (Critical)
  • Missouri Eastern District Court: 4:24-cv-00980
  • Wyoming District Court: 2:25-cv-00015
  • Wyoming District Court: 1:25-cv-00015
  • Wisconsin Western District Court: 3:25-cv-00026
  • Missouri Western District Court: 4:25-cv-00050
  • Delaware District Court: 1:19-cv-01334
  • Iowa Southern District Court: 4:25-cv-00154
  • Iowa Southern District Court: 4:25-cv-00046
  • Iowa Southern District Court: 4:25-cv-00037
  • Arizona District Court: 3:24-cv-08145
  • Iowa Southern District Court: 4:24-md-03132
  • Iowa Southern District Court: 4:24-cv-00243
  • Iowa Southern District Court: 4:24-cv-00446
  • Iowa Southern District Court: 4:24-cv-00447
  • All district court cases have links to Unified Patents, e.g., https://portal.unifiedpatents.com/litigation/Kansas%20District%20Court/case/5%3A25-cv-04033
• PTAB Cases (Multiple):
  • IPR2025-00281 (Settlement)
  • IPR2025-00280 (Settlement)
  • IPR2025-01117 (Not Instituted - Procedural)
  • All PTAB cases have links to Unified Patents, e.g., https://portal.unifiedpatents.com/ptab/case/IPR2025-00281

The primary goal is to extract the plaintiff(s), defendant(s), filing date, and status/outcome for each of these cases from the provided Unified Patents links, and specifically for the CAFC case from a search if Unified Patents doesn't directly provide full details. I will structure my search queries to directly target these Unified Patents links and also conduct a general search for "US patent 10596517 litigation" to catch anything missed or to get more details on status.

Let's start by clicking on the provided Unified Patents links (conceptually, as I don't "click" but rather generate searches for the content of those pages). I will craft a search query for each case using the specific URL provided in the patent text to try and extract the details.

For the PTAB cases, the status is already provided in the patent text ("Settlement" or "Not Instituted - Procedural"). I still need to get the petitioner.

For District Court cases, I need to get plaintiff, defendant, and filing date, and current status.

For CAFC case, I need plaintiff, defendant, filing date, and current status.

Given the current date is April 26, 2026, I should check if the status has changed for any of these.

I will formulate targeted queries based on the provided URLs and the information needed.

Refinement of Search Strategy:

Instead of searching each individual URL provided in the patent text, I can first perform a general search for "US patent 10596517 litigation unified patents" and "US patent 10596517 CAFC case 26-1403 status" to see if I can get a consolidated view or direct answers. If not, I will then consider more specific searches using the provided URLs or case numbers.

The patent text itself already provides the links to Unified Patents. I will prioritize extracting information directly from the patent text about these cases and then use search to fill in the gaps for plaintiff/defendant/filing date/detailed status where the patent text is brief.

The current assignee is Birchtech Corp. This is likely the patent owner and therefore the likely plaintiff in infringement cases.

Let's start by processing the information directly from the provided text and then identify what still needs to be searched for.

From Patent Text:

• CAFC Case:
  • Jurisdiction: Court of Appeals for the Federal Circuit
  • Case Number: 26-1403
  • Status/Outcome: Not provided in the summary. This is a key search target.
  • Source: https://portal.unifiedpatents.com/litigation/Court%20of%20Appeals%20for%20the%20Federal%20Circuit/case/26-1403
• District Court Cases:
  • Kansas District Court: Case 5:25-cv-04033, Status "Critical" (from Unified Patents, but I need actual status).
  • Missouri Eastern District Court: Case 4:24-cv-00980
  • Wyoming District Court: Case 2:25-cv-00015
  • Wyoming District Court: Case 1:25-cv-00015
  • Wisconsin Western District Court: Case 3:25-cv-00026
  • Missouri Western District Court: Case 4:25-cv-00050
  • Delaware District Court: Case 1:19-cv-01334
  • Iowa Southern District Court: Cases 4:25-cv-00154, 4:25-cv-00046, 4:25-cv-00037, 4:24-md-03132, 4:24-cv-00243, 4:24-cv-00446, 4:24-cv-00447
  • Arizona District Court: Case 3:24-cv-08145
  • For all these district court cases, I need to search for plaintiff(s), defendant(s), filing date, and current status/outcome. The Unified Patents links should be helpful.
• PTAB Cases:
  • IPR2025-00281: Status "Settlement". Need Petitioner and Institution date/filing date.
  • IPR2025-00280: Status "Settlement". Need Petitioner and Institution date/filing date.
  • IPR2025-01117: Status "Not Instituted - Procedural". Need Petitioner and Institution date/filing date.
  • Unified Patents links provided for these too.

My initial search queries will focus on the CAFC case and then general Unified Patents litigation for the patent to try and get a comprehensive overview. If that doesn't yield all details, I will follow up with specific searches for each case number.US patent 10596517 is currently involved in multiple litigation proceedings, including district court cases, a multidistrict litigation (MDL), and Patent Trial and Appeal Board (PTAB) challenges. The current assignee of the patent is Birchtech Corp., formerly Midwest Energy Emissions Corp..

Here is a summary of the known litigation:

U.S. District Court for the District of Delaware

• Plaintiff(s): Midwest Energy Emissions Corp. and MES Inc. (Midwest Energy Emissions Corp. changed its name to Birchtech Corp. effective October 17, 2024)
• Defendant(s): Initially 43 defendants. Remaining defendants following pretrial settlements included CERT Operations II LLC, CERT Operations IV LLC, CERT Operations V LLC, CERT Operations RCB LLC, Bascobert (A) Holdings, LLC, Buffington Partners, LLC, Cottbus Associates, LLC, Larkwood Energy, LLC, Marquis Industrial Company, LLC, Rutledge Products, LLC, Senescence Energy Products, LLC, and Springhill Resources, LLC (collectively, "CERT Defendants"). Arthur J. Gallagher & Co. (AJG) and DTE were among those who settled pretrial.
• Jurisdiction: U.S. District Court for the District of Delaware
• Case Number: 1:19-cv-01334
• Filing Date: July 2019
• Outcome/Current Status:
  • A jury trial concluded in March 2024, resulting in a $57 million verdict in favor of Midwest Energy Emissions Corp. The jury found willful infringement, inducing, and contributory infringement by the remaining CERT Defendants.
  • On May 30, 2024, a bench trial was held regarding an implied license defense raised by CERT, which the Court subsequently denied.
  • On December 18, 2025, U.S. District Court Judge Christopher J. Burke issued a final memorandum opinion, increasing the judgment amount to approximately $78 million by awarding pre-judgment interest compounded quarterly at the prime rate, and post-judgment interest.
  • A final judgment of $78 million was issued on December 29, 2025.
  • On January 28, 2026, the CERT Defendants filed a notice of appeal.
  • As of February 2, 2026, Birchtech Corp. formally requested payment of the $78 million judgment and intends to vigorously pursue enforcement options, as the 30-day stay of execution had lapsed.

U.S. Court of Appeals for the Federal Circuit (CAFC)

• Plaintiff(s): Likely the CERT Defendants (appellants)
• Defendant(s): Birchtech Corp. (appellee)
• Jurisdiction: Court of Appeals for the Federal Circuit
• Case Number: 26-1403
• Filing Date: January 28, 2026 (corresponding to the notice of appeal from the Delaware case)
• Outcome/Current Status: Ongoing appeal of the U.S. District Court of Delaware's $78 million judgment.

In Re: Midwest Energy Emissions Corp. Patent Litigation (Multidistrict Litigation - MDL)

• Plaintiff(s): Midwest Energy Emissions Corp. (ME2C), now Birchtech Corp.
• Defendant(s): Berkshire Hathaway Energy Company, MidAmerican Energy Company, PacifiCorp, Alliant Energy Corporation, Alliant Energy Corporate Services, Inc., Interstate Power and Light Company, Wisconsin Power and Light Company, Ameren Corp., Union Electric Co. (d/b/a Ameren Missouri), Salt River Project Agricultural Improvement and Power District, and Evergy, Inc., Evergy Metro Inc., Evergy Missouri West, Inc., and Evergy Kansas Central, Inc.
• Jurisdiction: U.S. Judicial Panel on Multidistrict Litigation ordered centralization in the Southern District of Iowa.
• Case Number: MDL No. 3132
• Filing Date: Three separate lawsuits were filed in July 2024 in the District of Arizona, the Eastern District of Missouri, and the Southern District of Iowa. These were consolidated in December 2024. An additional lawsuit filed against Evergy in the Western District of Missouri on January 23, 2025, was also transferred to the Southern District of Iowa.
• Outcome/Current Status: This is a consolidated litigation, currently ongoing. Some defendants have reached license agreements with Birchtech. Claims against two groups of defendants in the Arizona lawsuit have been resolved.

Patent Trial and Appeal Board (PTAB) Cases

• Case Number: IPR2025-00281
  • Petitioner: Wisconsin Power & Light Co., MidAmerican Energy Co., Interstate Power & Light Co., WEC Energy Group Inc., Berkshire Hathaway Energy Co., PacifiCorp.
  • Patent Owner: Birchtech Corp.
  • Status: Settlement
• Case Number: IPR2025-00280
  • Petitioner: (Not explicitly detailed in search results but associated with IPR2025-00281 as "Settlement" in the patent text)
  • Patent Owner: (Assumed Birchtech Corp.)
  • Status: Settlement
• Case Number: IPR2025-01117
  • Petitioner: Union Electric Co.
  • Patent Owner: Birchtech Corp.
  • Status: Not Instituted - Procedural

Other District Court Cases Mentioned in Patent Text (Details Not Fully Available from Search)

The patent text also lists the following district court cases for which specific plaintiff, defendant, filing date, and detailed status beyond the jurisdiction and case number are not readily available from the provided search results. These cases may be part of the MDL or separate ongoing actions.

• Kansas District Court:
  • Case Number: 5:25-cv-04033
  • Status: "Critical" (per Google Patents data)
• Wyoming District Court:
  • Case Number: 2:25-cv-00015
  • Case Number: 1:25-cv-00015
• Wisconsin Western District Court:
  • Case Number: 3:25-cv-00026
• Iowa Southern District Court:
  • Case Numbers: 4:25-cv-00154, 4:25-cv-00046, 4:25-cv-00037, 4:24-cv-00243, 4:24-cv-00446, 4:24-cv-00447
  • These are likely among the cases consolidated into MDL No. 3132.