Industrial Heat Files Motion to Dismiss Rossi Lawsuit

@Dewey,

I'm going to guess that the 12 inch wafers are fuel sandwiches like figure 3 of Rossi's patent US 9115913 B1: "Fig. 3 is a cross section of the wafer for use in the heat source of Fig 2". His patent has a detailed description of the wafer and you can read about it on the USPTO website. No idea if Axil knows anything more about it other than what he has read. He's creative with a lot of ideas (you can see his original ideas and hypotheses once every few weeks on ECW). I would suggest pursuing a less ad hominem discourse.

Quote from anonymous

@Dewey,

I'm going to guess that the 12 inch wafers are fuel sandwiches like figure 3 of Rossi's patent US 9115913 B1: "Fig. 3 is a cross section of the wafer for use in the heat source of Fig 2". His patent has a detailed description of the wafer and you can read about it on the USPTO website. No idea if Axil knows anything more about it other than what he has read. He's creative with a lot of ideas (you can see his original ideas and hypotheses once every few weeks on ECW). I would suggest pursuing a less ad hominem discourse.

See from Ecco's research:

https://www.lenr-forum.com/for…o/?postID=17135#post17135

Its is amazing that these LENR investors do not know about or understand what they have their money invested in.

Quote from Nigel Appleton

It looks to me as if Rossi either didn't engage a good lawyer to help write the contract, or did, but then ignored advice.

Ignoring advice seems to be his stock in trade. If he had listened to competent lawyers, scientists and engineers he would be a long way ahead of where he is now.

Rossi's either failing to engage good counsel, or ignoring what advice he receives, is a recurring pattern, as can be seen with his patents/patent applications. None that I know of is enabling, and some have glaring omissions, for example, referring to a catalyst that is needed but not described. Perhaps some could reason that Rossi is engaging in subtle misdirection in such cases, filing applications without intent to benefit from them. I suspect instead that the flaws are unintentional.

Quote from IH Fanboy

So why did they then proceed to introduce those facts in the following sentences?

As Abd suggests, I suspect IH's lawyers are telegraphing to the judge and plaintiffs that additional counterclaims might be in the works.

Quote from Shane D.

The contract gives them such wide latitude to do just about anything with the Ecat and the IP, it almost makes Rossi look foolish to claim, as he has, that they had no right to do this or that. They had EVERY right though to do what they did...it's written plain as day into the contract!

What is striking about this motion to dismiss (the first one I have read) is that it introduces no new exhibits and refers solely to exhibits in the initial complaint. I suspect there is a specific word used among lawyers and law students for such a stunt, roughly equivalent to "hat trick" in hockey. Apart from the reply's making the clear and straightforward argument to the judge to dismiss the complaint, its complete lack of any new exhibits might serve to put the judge on notice that Rossi is not acting on sound legal advice (whether or not it's been given to him).

Sifferkoll - Didn't take you very long to recover from that body blow and restart the slander and fabrication factory. Your ability to intertwine the faux is exceptional. Send Fred over this way for an introduction if you don't mind and we can see what he is really made of. If Frank is allowing him to post on ECW then we already know the answer to where he comes from.

I'm so glad that you bring up the "ERV". Rossi is in tatters and should go ahead and publish the document if it is helpful to his cause. Why don't you make that suggestion to him?

Can anyone call the Judge, and tell him to get going. I'm running out of popcorn :crazy:

Sifferkoll - please do some of your expert investigative work and do tell us more about Fred. I'm expecting your best on this one.

Quote from Eric Walker

Quote from IH Fanboy: “So why did they then proceed to introduce those facts in the following sentences?”
As Abd suggests, I suspect IH's lawyers are telegraphing to the judge and plaintiffs that additional counterclaims might be in the works.

Might be a way to get more leverage if there are settlement negociations with Rossi.

Someone earlier has also pointed out that Rossi could lose rights to the invention and may be jailed again. The 10-million is 10 million.

Abd - did not see your wiki link....but you ment this possibly

note to self: Buy more popcorn :crazy:

https://en.m.wikipedia.org/wiki/Cecilia_Altonaga

Quote from Abd Ul-Rahman Lomax

It cannot involve unsettled factual claims. That is, the judge need make no decisions on facts, and will accept all factual allegations in the Complaint. It's about points of law. It cannot introduce new evidence or exhibits.

Thank you for the clarification.

After checking publicly known facts (contract, legal actions etc) and public events in forums and press releases, it is pretty hard to get pieces fit together, but here is my best guess (which hasn't changed much on the way):

- Rossi made pretty damn bad contract with IH. Maybe biggest problem is how much rights he gave for IH to execute the license in future (... includes future versions and advances of E-Cat and freedom to improve etc)
- Something went wrong between 2012-16 among them.
- Either Rossi could not substantiate (Like IH has claimed) or
- Contract was fair on what E-Cat was in 2012 (poor cop, difficult to control and industrialize)
- Rossi had second thought on the way when he understood that how much better technology he was able to reach (Quark-X technology producing heat/light/electricity on will and desired amounts). That made him to start preparing to get rid of poor contract or at least exclude Quark-X outside of it. (Based on 1. how his statements evolved on JONP during last 12 months or so, 2. He has said in Mats interview that offered to buyback contract but IH refused)
- IH believes, (but cannot be sure themselves) that maybe Rossi has something that he could 'substantiate' if he would be made willing to. (Why investing such campaign here and other forums, if E-Cat is just COP 1 electric heater. Maybe trying to avoid paying additional 89m$)
- There would be lots to say about business ethics and excusing but since this is not playground thread I leve it to readers to judge. (appealing missing signatures on paper which all parties executed as it would be signed. Real actions proves intention anyway, no matter was signed or not. Maybe most aggravating is appealing on delayed 350 day test, because IH were not putting their best effort to arrange that and didn't say a word that it started late when Rossi did their work to arrange test, again proving what was intention in practise)

When we move forward. many things depends on how court will handle the case and has Rossi Quark-X as he claims or not, does he get big enough partner for other markets, who could help Rossi out from IH:s grip.

PS And mandatory ps. no matter what the outcome will be, this is very good example and learning point for scientists, innovators and startups on what can be true skin of VC:s and hard core businessmen. So instead of falling in nice meetings, read what gets written in paper and for what them can be used later.

Edit: Fixed wording and typos a bit. And Axil, I agree my timing may be well off as you pointed out below.

Rossi regretted the IH hook up very early on in the deal. This distaste for the style of IH got Rossi's defence mechanisms fired up way before the 1 year test was designed. We might think of that test as the first stage of a court battle to come from the first days that the test was conducted. All the interfaces and documentation in the test can be seen as setting up of the inevitable legal battlefield to come.

Like in any divorce, each party was gathering evidence to show the judge in the future case even through the parties were still nominally married. Rossi was giving IH the rope to hang themselves. The 89 million payment was that Rope.

War of the worlds sequel....

Planet IH v Planet Rossi

Historical background .......

Enjoy!

Best regards
Frank