Short Summary
Berkshire Hathaway Energy and affiliated utilities filed an authorized response urging the PTAB to deny the patent owner's Director Review request. They argue the petitions are timely, lack real‑party or privity issues, and that the Board is the most efficient forum for resolving the mercury‑control patent challenges.
Detailed Summary
In IPR2025-00278 concerning U.S. Patent No. 10,343,114, Berkshire Hathaway Energy Company, MidAmerican Energy Company, PacifiCorp, and WEC Energy Group submitted an authorized response to Birchtech Corp.'s Director Review request. The petitioners contend that the Director correctly referred the petition, that the challenges are not barred by the one‑year time limit, and that no unnamed parties or privies are involved. They further argue that the PTAB, not the MDL court, is best suited to handle the validity issues, especially given the lack of settled expectations for the patent owner and the efficiency of consolidating schedules across related IPRs. Settlement agreements with earlier petitioners are noted, and the petitioners seek denial of the Director Review.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Berkshire Hathaway Energy Company et al. vs MES, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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