[feedquote='E-Cat World','http://www.e-catworld.com/2016/06/02/leonardo-corporation-issues-press-release-announcing-termination-of-industrial-heat-license/']The following press release has been posted on Leonardo Corporation’s ecat.com website here: http://ecat.com/news/pressrele…-license-for-rossis-e-cat INDUSTRIAL HEAT LOSES LICENSE FOR ROSSI’S “E-CAT” Leonardo Corporation announced today, June 2, 2016, that it has terminated the license granted to Industrial Heat, LLC. for the Energy Catalyzer (“E-Cat”) technology. Effective immediately, Leonardo Corporation has the sole and exclusive right […][/feedquote]
Leonardo Corporation Issues Press Release Announcing Termination of Industrial Heat License
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IH have answered to Rossi's accusation with a motion to dismiss.
http://newenergytimes.com/v2/s…-al-Motion-to-Dismiss.pdf
quite technical and formal. it basically says accusations are nonsense or wrong.there is some interesting comments on the test itself, saying the agreement was not as rossi says, only onf the 6 cylinder unit, and with a performance test first (ampenergo did not agree to change the protocol).
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there is some interesting comments on the test itself, saying the agreement was not as rossi says, only onf the 6 cylinder unit, and with a performance test first (ampenergo did not agree to change the protocol).
If we compare the content of the court writ and Dewye's projections about its content, the similarieties are not that striking. -
Zuff - This is a multi-step process. The MTD is a technical response to Rossi's civil filing. There is much for you to learn from this document and there might not be much left of Rossi's lawsuit by the time the judge is finished with it. Rossi gets to respond as a next step - we'll see what his attorney is made of. Not very impressive so far.
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Quote from "AlainCo"
there is some interesting comments on the test itself, saying the agreement was not as rossi says, only onf the 6 cylinder unit, and with a performance test first (ampenergo did not agree to change the protocol).
No, it only says the signature is missing. Basically it says that IH knew since August 2013 they were not going to pay Rossi anything using this dirty legal trick. They only wanted him in a tight leash for as long as possible to continue deliver IP, with the belief he was going to be paid when succeding. It also says IH did not care about the MW test (which as you know Weaver also said...). It sort of confirms what I have been writing al along.
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Sifferkoll - where have you been? The MTD is a technical response to Rossi's poorly constructed legal filing. You continue to demonstrate that you don't have any clue about what is really going down. Restless days ahead.
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Dewey
You are right, this is a highly technical document drawing on a large number) of court cases decided in the past which have a bearing on the matter (case law).
it is highly likely that technically the points made have 'substance' and perhaps will 'overwhelm' the expertise of Rossi's attorneys.
As of now, it looks like Rossi has all or most of the IP and control over the licences, unless the MTD is challenged.
Now that will be interesting for us on this forum, If IH challenge Rossi's withdrawal of the licence, since such an action will signal IH believe in the value of the licences, the IP and the invention; its almost as good as anticipating the outcome of the case itself.
By the way Dewey, I apologise for suggesting you did not do your homework, this is at the very least very interesting.
Best regards
Frank -
Wow! with quick browse have to say that with money you get all stones turned when you prepare your case (kudos for Jonesday people).
Quick take:
- Seems that IH believes LENR is real and worth money, because they want to keep contract conditions and IP.
- They want to avoid paying 89m$ because of of delayed test period (which they caused) and amendment was not signed by all parties (???). Talk about code of conduct or business ethics...
- They want to dismiss the case, not pay to Rossi and keep their rights to IP and their patent applications, so many speculations were right actually!
- Difficulty of US court system is that it is merely based on earlier cases than written updated law, IH:s response shows it quite clear. You can always cherry pick cases to support your claims, if you can hire army of well paid lawyers to search for cases to fit your claim.That will become interesting as Dewey promised.
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Lets not forget the case is to be heard before a Jury. Judge John O'Sullivan is unlikely to be persuaded by legal necromancy especially in a case resembling the battle between David and Goliath.
So, if the case is not 'dismissed' IH will be up against a Jury, when the big guns they a wheedling will be like mill stones around their neck.
We shall see.
Best regards
Frank -
Quote from "theWeaver"
Sifferkoll - where have you been? The MTD is a technical response to Rossi's poorly constructed legal filing. You continue to demonstrate that you don't have any clue about what is really going down. Restless days ahead.
To me it proves perfectly the malicious intents of IH at least since August 2013. I agree though that this is primarily an ethical standpoint and I guess Darden, Vaughn et al will mostly have to discuss those sins with their "maker" instead of their laywers. It also proves proves my hypothesis on you IH guys being [insert favourite negative epithet - you know a few Dewey] ...
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@Dewey Weaver and @sifferkoll: Before this thread is escalating again with insults and childish accusations and trolling:
Discuss objectively! -
The way I see it is that nothing gets proved. The whole issue of LENR working or not will never be addressed in this court case.
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3 days into the E-Cat QuarkX test, maybe the group observing the test told Rossi to tell IH to go to Hell!
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It doesnt make sense.
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Nice try of Rossi's lawyer, but not enforceable if IH doesn't agree.
1.1 of the License Agreement states that the duration for the licensed patents is bound to the expiration of the patent claims. The license for all other E-Cat IP is unlimited. This became final upon payment of appropriate compensation.
The compensation for the IP license is regulated in 3.2 (b) and corresponds to the amount paid by IH (10m $).
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Rossi will probably claim that QuarkX is not an ecat and therefore not part of the agreement.
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It doesnt make sense.
On the contrary it is pure rationality.
IH is there to build reactors and sell them, paying back Rossi for his inventions, kletting hims do the same elsewhere.Their need is to be able to manufacture a reactor.
If they can manufacture a reactor, if the technology is confirmed by their hands, they can make a power plant and the result of the 1MW*350days test is not important.
If rossi came an say he need 200Mn$, given it works, I'm sure IH will just moan and then pay...
With technology and an inventor that collaborate, it would be stupid to break the contract and the trust with the inventor.If they cannot replicate Rossi's claims and thus manufacture E-cat that works, whatever is the result of the test is not their problem.
Only if they cannot replicate will they take the risk, the terrible risk, to break trust with the inventor. Is no technology is availble, they simply have nothing serious to lose.the problem is that Rossi was not able to transfer technology that work in IH hands. This is the essence of the contract. If not done not only he does not deserve 89Mn$ but have to payback the 10Mn$.
Now the mystery, (or the 10 ton gorilla in the kitchen
), is :
Why was Rossi unable to transfer a technology that works to IH ? -
Easy as waving his arm and saying sim sala bim, Rossi could make all his problems disappear. Then he can replace his lawyer and let a monkey handle his defence to everyone's amusement. If you know some basic business law you can make this whole conundrum disappear within a day or two. Really, there are (yet) very simple solutions. At least in Europe.
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It is a bold move by Rossi to issue that press release at the very moment IH filed their motion. By doing so, Rossi once more takes control and forces IH to react. If they dispute the press release, they are implictly acknowledging the value of Rossi's IP and thereby rendering the strategy impossible to portrait Rossi as a fraudster who has no valid technology whatsoever.
Let's see what will happen. I venture to predict that Dewey's threatening words will once more be exposed as unsubstantiated FUD when IH issues their reply.
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Now the mystery, (or the 10 ton gorilla in the kitchen
), is :
Why was Rossi unable to transfer a technology that works to IH ?Either he is a fraudster or he doesn't want to.
My guess is the latter because he might gotten paranoid and doesn't trust Darden anymore.
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