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Gallagher & Co., DTE REF Holdings, LLC, CERT Coal Holdings LLC, Chem-Mod LLC, and certain of their respective affiliated entities, and additional named and unnamed defendants, all of which operate or are involved in operations of coal facilities in the United States.
−Removed: In the lawsuit, we allege that each of the defendants has willfully infringed certain of our patents and seeks unspecified damages, attorneys’ fees, costs and injunctive relief.
+Added: In the lawsuit, we allege that each of the defendants has willfully infringed certain of our patents and seek unspecified damages, attorneys’ fees, costs and injunctive relief.
During 2020, each of the four major utility defendants in the above action filed petitions for Inter Partes Review with the United States Patent and Trademark Office, seeking to invalidate certain claims to the patents which are subject to the litigation.
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The jury determined that these defendants infringed our patented technologies for mercury emissions and were liable for willful infringement, along with inducing and contributory infringement.
+Added: Following the trial, various post-trial motions and applications were made by the parties.
+Added: We are awaiting rulings from the Court.
+Added: In July 2024, we commenced three patent infringement lawsuits against multiple defendants, including coal-fired power utilities, in three separate U.S.
+Added: District Courts in Arizona, Iowa and Missouri.
+Added: Such lawsuits claim infringement of the Company’s patent rights related to the Company’s mercury emissions reduction technologies.
+Added: Named as defendants in the action filed in the U.S.
+Added: District Court for the District of Arizona are Tucson Electric Power Co., San Carlos Resources, Inc., Salt River Project Agricultural Improvement and Power District, Tri-State Generation and Transmission Association, Inc., Springerville Unit 3 Holding LLC, and Springerville Unit 3 Partnership LP.
+Added: Named as defendants in the action filed in the U.S.
+Added: District Court for the Southern District of Iowa are Berkshire Hathaway Energy Company, MidAmerican Energy Company, PacifiCorp, Alliant Energy Corporation, Interstate Power and Light Company, and Wisconsin Power and Light Company, and named as defendants in the action filed in the U.S.
+Added: District Court for the Eastern District of Missouri are Ameren Corp.
+Added: and Union Electric Co.
+Added: In each lawsuit, we request a trial by jury against the defendants and seek damages, costs, and legal expenses, along with a finding of willful infringement by the defendants, and an injunction prohibiting the defendants from further acts of infringement.
+Added: Effective as of October 8, 2024, we entered into agreement with one of the utilities and an affiliated entity named as defendants in the patent infringement lawsuit commenced by the Company in July 2024 in the U.S.
+Added: District Court in Arizona (the “Arizona Action”).
+Added: Such agreement provides such parties and their affiliates with a non-exclusive license to certain Company patents related to the Company’s two-part Sorbent Enhancement Additive (SEA®) process for use in connection with a certain designated coal-fired power plant operated by such utility.
+Added: The agreement includes a one-time license fee which has been received by us, and provides the Company with a right of first refusal for certain of such utility’s product supply for mercury emissions capture at such designated power plant.
+Added: Such lawsuit will continue against the other non-affiliated defendants named in the Arizona Action.
+Added: On December 17, 2024, a United States Judicial Panel on Multidistrict Litigation ordered that the above three patent infringement lawsuits be consolidated and centralized in the Southern District of Iowa (the “Transfer Order”).
+Added: Effective as of January 7, 2025, we entered into agreement with another one of the utilities named as a defendant in the Arizona Action.
+Added: Such agreement provides such party and its affiliates with a non-exclusive license to certain Company patents related to the Company’s two-part Sorbent Enhancement Additive (SEA®) process for use in connection with a certain designated coal-fired power plant operated by such utility.
+Added: The agreement includes a one-time license fee which has been received by us, and provides the Company with the right to be included in such party’s bidding process for certain product supply for mercury emissions capture at such party’s designated power plant.
+Added: In January 2025, we commenced another patent infringement lawsuit against four defendants in the U.S.
+Added: District Court for the Western District of Missouri.
+Added: Such lawsuit claims infringement of the Company’s patent rights related to the Company’s mercury emissions reduction technologies.
+Added: Named as defendants in the action are Evergy, Inc., Evergy Metro Inc., Evergy Missouri West, Inc.
+Added: and Evergy Kansas Central, Inc.
+Added: In the lawsuit, we request a trial by jury against the defendants and seek damages, costs, and legal expenses, along with a finding of willful infringement by the defendants, and an injunction prohibiting the defendants from further acts of infringement.
+Added: In February 2025, such lawsuit was consolidated with and transferred to the Southern District of Iowa pursuant to the Transfer Order.
+Added: In January and February 2025, certain of the defendants in the patent infringement lawsuits which have been consolidated and centralized in the Southern District of Iowa filed petitions for Inter Partes Review with the United States Patent and Trademark Office, seeking to invalidate certain claims to the patents which are subject to the litigation.
Other than the foregoing, there are no material pending legal proceedings to which we are a party or to which any of our property is subject, nor are there any such proceedings known to be contemplated by governmental authorities.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.