[feedquote='E-Cat World','http://www.e-catworld.com/2016/04/07/andrea-rossi-goes-to-court-what-happens-to-the-e-cat-now/']We’ve had months of prognostication now about how and when the results of Andrea Rossi’s 1MW E-Cat test might get released, but I don’t think anyone predicted that the news would come in a press release announcing a court case. For years now people have been speculating about the relationship between Andrea Rossi/Leonardo Corporation and […][/feedquote]
Andrea Rossi Goes to Court: What Happens to the E-Cat Now?
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The simplest explanation is that [lexicon]Industrial Heat[/lexicon] couldn't raise the $89 million to finalize the deal. There is still $10 million being held in escrow, and I'm guessing that Rossi is suing for control of that.
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I think he has the $10M already. The law-suit is for the balance of the cash.
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My guess is that [lexicon]IH[/lexicon] are not paying because they smell a rat over Rossi’s measurements – possibly they have now worked out that the Lugano test results are all wrong.
The agreement is a license agreement so [lexicon]IH[/lexicon] are entitled not to pay – they just cede the license. Although they raised funds on expectations they did legally have the license over the period from paying $10m onwards, so I don’t see rossi has anything here.
The agreement explicitly gives them the ability to prosecute patents themselves for the US territories, China, Russia, Arabia.
So I’m not sure what there is in Rossi’s claim that stands up?
More relevant to [lexicon]IH[/lexicon] is quite how they explain this volte face to their big investors.
Does anyone see the license agreement as being an unconditional contractual commitment? As far as I can see either side breaking its terms simply nullifies it. Further, [lexicon]IH[/lexicon] have a right to the license for the period until they break its terms, and hence any benefits accruing from that (investment etc) is theirs fair and square. The purpose of staged payments is exactly so that the purchaser can back out if they so wish.
So - to the topic of this thread. If the e-cat (1MW version) works as billed it is worth an enormous amount and entirely Rossi's to sell to somone else. In fact he had that ability anyway, as long as he was selling to Europe, where [lexicon]IH[/lexicon] have no license.
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The total cost for the licence and plant was $100,500,000. The first 1,500,000 was for the plant. So the licence has not been purchased until the $89,000,000 is paid.
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@Paradigm
I may be wrong buth the $10M payment for the 24 hour 30 e-cat test has been paid, and that commenced the license.
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@Thomas Clarke
Certainly I am no lawyer, and so my idea could be wrong, and does not constitute advice. We may be both right to some extent.The license would appear to commence (in good faith?) on receipt by Leonardo et al (13.2 b) of the first $11,500,000 and other conditions satisfied, but is not conveyed in full until payment of the total (3.1). The license is terminated per (1.1) by non-completion of the terms of the agreement.
That is my take on it, but the lawyers will have to work that out. -
My guess is that [lexicon]IH[/lexicon] are not paying because they smell a rat over Rossi’s measurements – possibly they have now worked out that the Lugano test results are all wrong.
This is similar to my current working hypothesis. [lexicon]IH[/lexicon] came to distrust Penon's ability, and perhaps they attempted and failed to get the E-Cat working on their own, which as licensees they are not only permitted but logically expected to do. Speculation: [lexicon]IH[/lexicon] tried and failed to renegotiate the terms of the testing, at which point things started to break down between them and Rossi, with Rossi bulldozing ahead on his own.I did not find any reference in the lawsuit to the Lugano test, but I have heard others refer to it in connection with [lexicon]IH[/lexicon] in the last day or so. Is anyone aware of a solid, documented connection between Lugano and [lexicon]IH[/lexicon], which up till now has been a matter of speculation?
More relevant to [lexicon]IH[/lexicon] is quite how they explain this volte face to their big investors.
Indeed, presumably [lexicon]IH[/lexicon] have a fiduciary responsibility to their investors to minimize any losses once they lose confidence in the process. -
My guess is that [lexicon]IH[/lexicon] are not paying because they smell a rat over Rossi’s measurements – possibly they have now worked out that the Lugano test results are all wrong.
What you have are suspicions. In court only evidence is valid and that's the good thing about this legal case, a US American court will have to determine whether [lexicon]Industrial Heat[/lexicon] broke the license agreement, or not. Therefore the court needs to clarify whether the E-Cat works, or not. So we will soon know and do not useless need to speculate!
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What you have are suspicions.
With regard to the ERV, there are more than suspicions that [lexicon]IH[/lexicon] was dissatisfied with the test. Rossi, quoted from his Journal of Nuclear Physics:QuoteI have to comment the press release of [lexicon]IH[/lexicon], being a press release and not a forensic act.They made the Lugano reactor ( they also signed it ) they made many replications of which we have due record and witnesses, they made multiple patent applications ( without my authotization ) with their chief engineer as the co-inventor ( he invented nothing ) , with detailed description of the replications , they made replications with the attendance of Woodford, after which they got 50 or 60 millions of dollars from Woodfords’ investors, they made replications with the attendance of Chinese top level officers, after which they started thanks to the E-Cat they made an R&D activity in China in a 200 millions concern, they made replications with an E-Cat completely made by them under my direction the very day in which the 1 MW plant has been delivered in Raleigh, they made replications that we have recorded. After the replication they made with the attendance of Woodford in 2013 Mr Tom Darden said publicly: ” this replication has been stellar” ( witnesses available). But this is not the place to discuss this. We have prepared 18 volumes to explain exactly and in detail the activity of our “Licensee” and his acquaintances from 2013 to now. Until they had to collect money thanks to the E-Cat, they made replications and have been happy with the E-Cat; when it turned to have to pay, they discovered that they never made replications, that the ERV that they had chosen in agreement with us was not good, that the test on the 1 MW plant, thanks to which they collected enormous amounts of money from the investors and where I put at risk my health working 16-18 hours per day was not a good test ( but for all the year of the test they NEVER said a single word of complaint, even if they had constantly their men in the plant), etc etc. But the worse has still to come out. The worse is in the 18 volumes we will present in due time, in due place. A blog is not the right place to discuss a litigation. This is only a quick answer to the press release made by [lexicon]IH[/lexicon].
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And they just keep coming....
QuoteDisplay More
Andrea Rossi
April 7, 2016 at 8:32 PM
Hank Mills:They prepared everything, the charges, the body of the reactor EVERYTHING !!!.
I just teached to them what to do.
They never used anything pre-prepared by Leonardo Corp.
Now, let me talk to you of a very singular coincidence: Brillouin has
always made only electrolytic apparatuses: go to read all their patent
applications made before their agreement with [lexicon]IH[/lexicon], and you will find
confirmation of what I am saying ( I know their patents by heart,
because I have studied them and probably I know them better than
themselves : I wrote about 100 pages of notes about their patents ). And
now the singular coincidence: they make the agreement with [lexicon]IH[/lexicon] in April
2015, and Voilà, they made a public demo in Capitol Hill ( Washington,
DC) with a device that is the Copy-Cat of something I am familiar with.
Nothing that Brillouin has ever made before the agreement with [lexicon]IH[/lexicon]. What a
coincidence !!!Warm Regards,
A.R.
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Quote
Is anyone aware of a solid, documented connection between Lugano and [lexicon]IH[/lexicon], which up till now has been a matter of speculation?
It has been definitely said that [lexicon]IH[/lexicon] built the Lugano reactor to Rossi's spec - but I don't have the original source. I seem to remember it was Rossi and since said publicly it would have been refuted if not true. I see it is very plausible.
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Quote from Rossi
And now the singular coincidence: they make the agreement with [lexicon]IH[/lexicon] in April 2015, and Voilà, they made a public demo in Capitol Hill ( Washington, DC) with a device that is the Copy-Cat of something I am familiar with. Nothing that Brillouin has ever made before the agreement with [lexicon]IH[/lexicon]. What a coincidence !!!
What Rossi will never understand is that when none of these claimed technologies work it is irrelevant.
Dear [lexicon]IH[/lexicon], before you believe Brillouin tests please do very careful investigation of the effect of EMC on their sensors? Their methodology, when last I noted it, made large false positives from such effects almost impossible to rule out.
There is actually something to be said for (real, not Rossi-style) phase change calorimetry. For all these claims of large output excess energy it is very suitable, and cannot be mucked up by EMC issues.
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Regarding the Lugano reactor being made by [lexicon]IH[/lexicon], Darden claimed that in an interview.
You will have to click on the Full Story button to see it. -
Also: "In the course of the year following the previous tests, the E-Cat’s technology was transferred to [lexicon]Industrial Heat[/lexicon] LLC, United States, where it was replicated and improved."
Lugano Report, page 2, first paragraph"The authors gratefully acknowledge Andrea Rossi and [lexicon]Industrial Heat[/lexicon] LLC for providing us with the E-cat reactor to perform an independent test measurement."
Lugano Report, page 30, paragraph 2 -
Quote from Rends: “What you have are suspicions.”
With regard to the ERV, there are more than suspicions that <a href="https://www.lenr-forum.com/forum/wiki/index.php/Entry/7-IH/">[lexicon]IH[/lexicon]</a> was dissatisfied with the test. Rossi, quoted from his <a href="http://www.journal-of-nuclear-physics.com/?p=892" class="externalURL" rel="nofollow" target="_blank">Journal of Nuclear Physics</a>:Quote: “I have to comment the press release of <a href="https://www.lenr-forum.com/forum/wiki/index.php/Entry/7-IH/">[lexicon]IH[/lexicon]</a>, being…
IMO you are misreading Rossi. He is saying that they were satisfied with the E-cat, but that when it was time to pay, they pretended like they were not.
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I feared that from the beginning, when he joined [lexicon]IH[/lexicon]:
That he sells his knowledge to persons, who want to prevent the technology to reach the market.
This can be done, if enough patents are made, so that every other entity who wants to do something similar, is lost from the beginning.
Maybe this happened already.At the end there are 2 possibilities:
1) The above is true, and Rossi is a very naive scientist, completely lost in the world of big money interests,
2) or Rossi is a dumbass scammer who tries to betray investors.Both is not good for LENR science.
