Short Summary
The PTAB terminated the IPR against MidAmerican Energy Company after a settlement with BirchTech Corp., while the case continues for Berkshire Hathaway Energy and Pacificorp.
Detailed Summary
In IPR2025-00422 and IPR2025-00423 concerning U.S. Patent No. 10,668,430, the Patent Trial and Appeal Board granted a joint motion to terminate the inter partes review as to MidAmerican Energy Company following a settlement with the patent owner, BirchTech Corp. The Board cited 35 U.S.C. § 317(a) for termination and treated the settlement agreement as confidential business information under § 317(b). The termination does not affect the remaining petitioners, Berkshire Hathaway Energy Company and Pacificorp, and the proceedings against them remain open.
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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