Litigation summary

US Patent 10668430, titled "Sorbents for the oxidation and removal of mercury," has been involved in several litigation proceedings, primarily initiated by Midwest Energy Emissions Corp. (now Birchtech Corp.). Many of the district court cases have been consolidated into a Multidistrict Litigation (MDL) in the Southern District of Iowa.

Here is a list of known litigation involving US Patent 10668430:

I. District Court Litigation

Many of the following cases have been consolidated into MDL Case No. 4:24-md-03132, in the U.S. District Court for the Southern District of Iowa, titled In Re: Midwest Energy Emissions Corp. Patent Litigation. The plaintiff in these consolidated cases is Midwest Energy Emissions Corp., which is now operating as Birchtech Corp.

1. Midwest Energy Emissions Corp. v. Arthur J. Gallagher & Co., et al.

   • Plaintiff(s): Midwest Energy Emissions Corp. and MES Inc.
   • Defendant(s): Arthur J. Gallagher & Co., et al., including Vistra Energy Corp., IPH, LLC, Dynegy Inc., Illinois Power Resources Generating, LLC, Dynegy Midwest Generation LLC, Dynegy Miami Fort, LLC, AEP Generation Resources Inc., Southwestern Electric Power Co., and Cardinal Operating Company, LLC.
   • Jurisdiction: U.S. District Court for the District of Delaware
   • Case Number: 1:19-cv-01334
   • Filing Date: July 17, 2019
   • Current Status: Ongoing ("pending" as of August 8, 2025). The case has seen multiple filings and opinions.

2. Midwest Energy Emissions Corp. v. Ameren Corp. et al.

   • Plaintiff(s): Midwest Energy Emissions Corp.
   • Defendant(s): Ameren Corp. et al., including Union Electric Co. d/b/a Ameren Missouri.
   • Jurisdiction: U.S. District Court for the Eastern District of Missouri
   • Case Number: 4:24-cv-00980
   • Filing Date: July 17, 2024
   • Current Status: Closed on December 17, 2024. Consolidated into MDL No. 3132.

3. Midwest Energy Emissions Corp. v. MidAmerican Energy Company et al.

   • Plaintiff(s): Midwest Energy Emissions Corp.
   • Defendant(s): Berkshire Hathaway Energy Company et al., including MidAmerican Energy Company.
   • Jurisdiction: U.S. District Court for the Southern District of Iowa
   • Case Number: 4:24-cv-00243
   • Filing Date: July 17, 2024
   • Current Status: Consolidated with MDL No. 3132.

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

   • Plaintiff(s): Midwest Energy Emissions Corp. (and Birchtech Corp.)
   • Defendant(s): Numerous defendants, including MidAmerican Energy Company, Interstate Power and Light Company, Union Electric Co. d/b/a Ameren Missouri, Wisconsin Power and Light Company, Ameren Corp., PacifiCorp, Evergy, Inc., Evergy Metro, Inc., Evergy Missouri West, Inc. and Evergy Kansas Central, Inc.
   • Jurisdiction: U.S. District Court for the Southern District of Iowa
   • Case Number: 4:24-md-03132
   • Filing Date: December 17, 2024 (MDL created); initial motion to transfer filed October 16, 2024.
   • Current Status: Open. Motions by defendants to stay pending PTAB review were denied without prejudice. Motions to compel infringement contentions were also denied.

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

   • Plaintiff(s): Midwest Energy Emissions Corp.
   • Defendant(s): Berkshire Hathaway Energy Company et al., PacifiCorp.
   • Jurisdiction: U.S. District Court for the District of Wyoming
   • Case Number: 2:25-cv-00015
   • Filing Date: January 14, 2025
   • Current Status: Transferred to Southern District of Iowa and consolidated with MDL No. 3132.

6. Midwest Energy Emissions Corp. v. Wisconsin Power and Light Company

   • Plaintiff(s): Midwest Energy Emissions Corp.
   • Defendant(s): Wisconsin Power and Light Company.
   • Jurisdiction: U.S. District Court for the Western District of Wisconsin
   • Case Number: 3:25-cv-00026
   • Filing Date: January 14, 2025
   • Current Status: Terminated January 30, 2025. Transferred to Southern District of Iowa and consolidated with MDL No. 3132.

7. Midwest Energy Emissions Corp. v. PacifiCorp

   • Plaintiff(s): Midwest Energy Emissions Corp.
   • Defendant(s): PacifiCorp.
   • Jurisdiction: U.S. District Court for the Southern District of Iowa
   • Case Number: 4:25-cv-00037
   • Filing Date: January 31, 2025
   • Current Status: Consolidated with MDL No. 3132. Case transferred from the District of Wyoming.

8. Midwest Energy Emissions Corp. v. Evergy, Inc. et al.

   • Plaintiff(s): Midwest Energy Emissions Corp. and Birchtech Corp.
   • Defendant(s): Evergy, Inc. et al., including Evergy Kansas Central, Inc.
   • Jurisdiction: U.S. District Court for the District of Kansas
   • Case Number: 5:25-cv-04033
   • Filing Date: April 2, 2025 (Transferred into Kansas from Iowa Southern, then transferred back)
   • Current Status: Consolidated with MDL No. 3132. Defendant Evergy, Inc. dismissed without prejudice. Claims against Evergy Kansas Central, Inc. transferred to District of Kansas and then consolidated into MDL 3132. Terminated: September 24, 2025.

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

   • Plaintiff(s): Midwest Energy Emissions Corp.
   • Defendant(s): Evergy Metro, Inc.
   • Jurisdiction: U.S. District Court for the Southern District of Iowa
   • Case Number: 4:25-cv-00046
   • Filing Date: February 6, 2025 (or transferred in around this date).
   • Current Status: Consolidated into MDL No. 3132. Did not reach a merits verdict; Evergy, Inc. dismissed by stipulation.

10. Midwest Energy Emissions Corp. v. Evergy Kansas Central, Inc.

    • Plaintiff(s): Midwest Energy Emissions Corp. and Birchtech Corp.
    • Defendant(s): Evergy Kansas Central, Inc.
    • Jurisdiction: U.S. District Court for the Southern District of Iowa
    • Case Number: 4:25-cv-00154
    • Filing Date: April 28, 2025
    • Current Status: Consolidated with MDL No. 3132. Terminated: September 24, 2025, via Order of Dismissal filed in the related MDL.

11. Midwest Energy Emissions Corp. v. Union Electric Co. d/b/a Ameren Missouri

    • Plaintiff(s): Midwest Energy Emissions Corp.
    • Defendant(s): Union Electric Co. d/b/a Ameren Missouri.
    • Jurisdiction: U.S. District Court for the Southern District of Iowa
    • Case Number: 4:24-cv-00446
    • Filing Date: Not explicitly found, but it is a "member case" of the MDL and was filed before December 17, 2024.
    • Current Status: Consolidated into MDL No. 3132.

12. Midwest Energy Emissions Corp. v. (Defendant not specified in snippets)

    • Jurisdiction: U.S. District Court for the District of Arizona
    • Case Number: 3:24-cv-08145
    • Filing Date: Filed before October 16, 2024 (date of MDL transfer motion).
    • Current Status: Consolidated into MDL No. 3132.

II. Patent Trial and Appeal Board (PTAB) Proceedings

1. Union Electric Company v. Birchtech Corporation

   • Petitioner: Union Electric Company
   • Patent Owner: Birchtech Corporation (f/k/a Midwest Energy Emissions Corp.)
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2025-01322
   • Filing Date: The Patent Owner's Mandatory Notices were filed on August 8, 2025, indicating the petition was filed prior to this date.
   • Current Status: Not Instituted - Procedural (as per the initial patent text).

2. IPR2025-00423

   • Petitioner: Not explicitly stated in available results.
   • Patent Owner: Birchtech Corporation (f/k/a Midwest Energy Emissions Corp.)
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2025-00423
   • Filing Date: Not explicitly stated, but the case number indicates a 2025 filing.
   • Current Status: Settlement (as per the initial patent text).

3. IPR2025-00422

   • Petitioner: Not explicitly stated in available results.
   • Patent Owner: Birchtech Corporation (f/k/a Midwest Energy Emissions Corp.)
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2025-00422
   • Filing Date: Not explicitly stated, but the case number indicates a 2025 filing.
   • Current Status: Settlement (as per the initial patent text).