Mr. Richard MacPherson reports

BIRCHTECH ANNOUNCES THE END OF ALL REMAINING ATTEMPTS TO CHALLENGE PATENTS UNDER IPR PETITION

Birchtech Corp. has filed termination requests for all remaining inter partes review petitions filed against the company's core patents. The final remaining entities involved in IPR proceedings have resolved their disputes with the company and have moved to bring a complete end to all previously filed third party challenges to the validity of the company's patented SEA mercury emission removal technology.

No other active IPR proceedings remain. Every petition filed with the Patent Trial and Appeal Board to challenge Birchtech's patents has been dismissed, removed prior to institution or resolved.

The final result following seven years of patent enforcement

Birchtech's patented SEA sorbent technology captures mercury emissions from coal-fired power plants, which is required under federal environmental regulations. Since filing its first patent infringement claim in 2019, the company has pursued a disciplined strategy to protect its intellectual property portfolio, resulting in approximately $37.0-million in licence fees and settlements received from utilities since 2020.

In March, 2024, the company received a favourable verdict following a jury trial in the U.S. District Court for the District of Delaware, whereby a federal jury returned a unanimous verdict against the CERT defendants on all counts, including findings of willful, inducing and contributory infringement. In December, 2025, the court increased the final judgement amount to $78.4-million awarded to Birchtech, inclusive of prejudgment interest, with postjudgment interest continuing to accrue daily.

In 2024 and 2025, Birchtech filed additional litigation in multiple jurisdictions against utility defendants whose cases were subsequently consolidated in the U.S. District Court for the Southern District of Iowa. Those defendants separately filed IPR petitions at PTAB in an attempt to invalidate the company's underlying patents.

Resolution of all IPR proceedings

The IPR proceedings have been resolved through a combination of outcomes.

As a result, all parties previously involved in challenging Birchtech's patents are permanently barred from bringing further patent validity challenges against the company's SEA technology.

Management commentary

"Since 2019, our patent protection strategy has been strong, highly enforceable and validated at the federal level," said Richard MacPherson, chief executive officer of Birchtech. "The federal process, including PTAB, has been clear and thorough in its assessment of our claims. The removal of certain IPR petitions prior to institution reinforced the validity of our patents, and the resolution of the remaining challenges reflects our business-first approach.

"With these final challenges now resolved, that chapter is fully closed. The same expertise and intellectual property discipline that protected our clean air business is now being applied to water. We are rapidly entering the massive North American water treatment market with disruptive technologies and early commercial traction, a stable revenue foundation from our air business, and a bolstered balance sheet."

About Birchtech Corp.

Birchtech is a leader in specialty activated carbon technologies delivering innovative solutions for air and water purification to support a cleaner, more sustainable future. The company provides patented SEA sorbent technologies for mercury emission capture for the coal-fired utility sector and SEA disruptive water purification technologies with a specialization on removing contaminants, including forever chemicals such as PFAS, from potable water and industrial waste water. Backed by a strong intellectual property portfolio and a team of activated carbon experts, Birchtech provides cleaner air to North American communities and is applying this expertise to a novel approach in water purification.

We seek Safe Harbor.