Short Summary
Petitioners and Birchtech Corp. have settled their disputes over U.S. Patent 10,933,370, filing a joint motion to terminate the IPR for IPL and WPL. The Board is asked to dismiss those parties under 35 U.S.C. §317.
Detailed Summary
In IPR2025-00687, a group of petitioners including Berkshire Hathaway Energy subsidiaries and PacifiCorp challenged Birchtech Corp.'s emissions‑control patent (U.S. Patent No. 10,933,370). Interstate Power & Light and Wisconsin Power & Light have reached settlement agreements with the patent owner, and the parties jointly moved to terminate the inter partes review as to those two entities. Citing 35 U.S.C. §317(a) and (b) and emphasizing public‑policy reasons to favor settlement, the motion seeks dismissal of IPL and WPL from the proceeding before any merits decision is rendered. The Board’s decision will determine whether the IPR proceeds for the remaining petitioners.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in PacifiCorp et al. vs MES, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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