With IHs motion to dismiss failing, where now for IH?

  • Hi all


    With IHs motion to dismiss failing, where now for IH?


    From the latest court moves is seems the Judge is not accepting IH's grounds for motion to dismiss and instead is moving toward a trial of the issue before jury and is acquiring the specialists to achieve this.
    https://thenewfire.wordpress.c…nd-leonardo-corp-lawsuit/


    IH so far have not issued a defence and only have few days left to do so.


    Their options on negotiation are also closing in on them.


    I still think we are looking at an October surprise and that the parties will come to agreement in time for the elections.


    Kind Regards walker

  • I interpret this article as very biased and unreal.


    Moving the case from patent to fraud, may not be so positive for Rossi.
    The motion to dismiss may be accompanied by another more offensive motion, that may raise a fraud case...

  • With IHs motion to dismiss failing, where now for IH?


    Industrial Heat LLC was certainly not planned as industrial production company, there is not even an own website, let alone regular business operations. Industrial Heat LLC is Cherokees and NRG Energy's guise to obtain LENR Technology and bring it under its own control, with all available means. Not more and not less. If Industrial Heat LLC is not successful, or does the job the company disappears from the market in such a way as if nothing had happened at all.

  • Hey genius - please advise thenewflame (I think I know what that really means now) that the fincrime / IRS crime judge was assigned prior to the MTD filing and might possibly need to be considered as an enhanced problem for Rossi considering his past. I can assure you that the judges have not even looked at the MTD yet and will not until the responses / counters are all buttoned up about 120 to 180 days from now.

  • STDM - welcome to the forum - how many email addresses do you guys have? Tell the mothership to get more creative and less obvious please. Your leading questions are foolish, make no sense and are not worthy of an answer. Try to objectively rephrase and I'll consider a response.

  • I pointed out before how stupid this comment was. In fact, a Motion to Dismiss faces a very high bar. That four out of eight counts were dismissed shows just how defective the Complaint was. However, judges are obligated, in ruling on an MTD, to give every possible benefit of any doubt to the plaintiff.


    The judge has now actually ruled, as I predicted (i.e., that a formal ruling, entered into the docket, would be required.)


    On some of the kept motions, the judge hinted that with an Answer and some discovery, Summary Judgment might prevail. Summary Judgment can be moved by either side, claiming that agreed fact is such that a ruling can be issued without going to trial.


    The next step now could be that IH appeals the ruling. I do give that less than 50% probability. There might be a partial appeal, i.e,. say, Cherokee might appeal to be excluded from the case, there being insufficient grounds to include them.


    The strongest evidence I see for Cherokee involvement is the allegation that the Agreement was signed in Cherokee offices. That might be enough to survive an MTD and and appeal. Only to lose at trial, when more facts come into the record. Such as Cherokee having put no money into IH and having no ownership interest at all. The judge, inferring from claims in the Agreement, assumed 100% ownership and control.


    So other than appeal, the next step.


    If the ruling is appealed, the clock on filing an Answer will be stayed, AFAIK. If no appeal, IH has two weeks, as I recall, I haven't checked again today.


    Based on what Dewey Weaver has leaked, the Answer is where the fireworks start.

  • I pointed out before how stupid this comment was. In fact, a Motion to Dismiss faces a very high bar. That four out of eight counts were dismissed shows just how defective the Complaint was. However, judges are obligated, in ruling on an MTD, to give every possible benefit of any doubt to the plaintiff.


    Do You really understand the law business??


    Usually You claim as many facts as you can, for the reason that one major fact survives!


    So You missed 3 facts! This is very, very bad/sad news for IH. Your success seems to have the same level as TC's, in his inabillty to correctly reveal the Lugano performance.


    If anybody within IH trusted You or TC, then it's grand time to withdraw any investment...

  • Hi all


    In reply to Abd Ul-Rahman Lomax.


    For all your amateurish bluff and bluster it amazes me how wrong your predictions are.


    The judge has decided IH have cases to answer including fraud, this is just facts.


    IMHO IH will deal and I still think they will do so in time for an October Surprise.


    Kind Regards walker

  • So half of Rossi's claims have been dismissed! That's a major victory for IH and shows that a modest amount of money invested in good attorneys has been well spent. It's such a shame though, that any money at all has to be spent on legal costs instead of LENR research!


    Just imagine! If Rossi had convinced IH that everything worked, he would be $89 M richer and all over the world funds would be pouring in to finance yet more LENR research. Just think of the ovation these guys could have expected at ICCF-20 in China and Japan. I can imagine the ISCMNS President in a tuxedo presenting Rossi with the Minoru Toyoda Gold medal to rapturous applause of scientists and the press...


    But no, this dream is not to be. Greed, stupidity, incompetence or worse seem to have got in the way. We would do well not to confuse dreams and wishful thinking with reality. This forum is full of posts showing how a dream became a nightmare. Will we learn the lesson? I have my doubts.

  • The judge has decided IH have cases to answer including fraud, this is just facts.


    No. The Judge has decided that Rossi must now substantiate his claims with evidence to be presented in Court. Similarly IH et al. may also present evidence. Given that 50% of the Rossi claims have already been dismissed without the need of any evidence at all, my guess is that the good enginneer is going to find himself in some difficuty. After all, if the plaintiffs had any real evidence, they could have brought some of it to the Court's attention in the original action. In contrast, the defendants IH are NOT entitled to bring any evidence in a motion to dismiss, they can only cite Law. Quite rightly, the Law bends over backwards to help a potentially oppressed victim, the plaintiff. But woe betide any plaintiff who makes a spurious claim!

  • But no, this dream is not to be. Greed, stupidity, incompetence or worse seem to have got in the way. We would do well not to confuse dreams and wishful thinking with reality. This forum is full of posts showing how a dream became a nightmare. Will we learn the lesson? I have my doubts.


    We all agree with You that it is completely nuts to pay 100 Millions for a heater with a COP of 6, what was the clear intention of IH !!


    So we should not comment on Rossis failure, for which we still have no certified answer... ( Regarding his financial claims, the judge was with him.., that's how the US works..)


    The greed is within IH. Rossi certainly will die on radiation sickness one day, so he is nuts too.


    The COP of NANOR devices is since years above 10, but may be they were not ready for an investment... ( NANORS are still tiny compared to a MW Rossi heaters!)

  • So half of Rossi's claims have been dismissed! That's a major victory for IH and shows that a modest amount of money invested in good attorneys has been well spent. It's such a shame though, that any money at all has to be spent on legal costs instead of LENR research!

    I wouldn't overstate the matter. A full dismissal might have been thought of as a major victory, though it could simply have meant an incompetent filing. It's true that the IH Motion was well drafted, but I also would not call it perfect. Still, "perfect" is extremely expensive. And that is not necessarily to be invested at this time. IH might appeal. I don't know whether that would be worth the investment or not. They are experts, I'm not.


    Filing a Motion to Dismiss, though, given the Complaint, was a no-brainer. The difficulty was that there are "facts" alleged that must be assumed true, that aren't true at all. Expect to see a motion for summary judgment after the Answer and response are filed, possibly even before discovery. I'm not sure about procedural details.


    Quote

    Just imagine! If Rossi had convinced IH that everything worked, he would be $89 M richer and all over the world funds would be pouring in to finance yet more LENR research.

    That's not quite it. If he had taught them how to make devices that work when independently tested, that major breakthough would have happened and, in fact, it could have happened several years ago. The critical tests were not the large-assembly tests, but tests of individual units, which are far easier to accomplish and far more meaningful. Planet Rossi makes a huge deal out of the "successful" 1 MW test, but that's irrelevant to the real situation: without the ability to make devices that work reliably, without a Rossi-bot babysitting them, they could not license the technology to anyone. They could not raise the $89 million even if they were "convinced."


    Quote

    Just think of the ovation these guys could have expected at ICCF-20 in China and Japan. I can imagine the ISCMNS President in a tuxedo presenting Rossi with the Minoru Toyoda Gold medal to rapturous applause of scientists and the press...

    Rossi has never cared about the ISCMNS community. His behavior could be considered a gigantic Fuck You.


    Quote

    But no, this dream is not to be. Greed, stupidity, incompetence or worse seem to have got in the way. We would do well not to confuse dreams and wishful thinking with reality. This forum is full of posts showing how a dream became a nightmare. Will we learn the lesson? I have my doubts.

    For years now, my effort has been to encourage genuine scientific research. Practically speaking, there are many reports of LENR phenomena. Some may be artifact. (Fraud is unusual in the scientific arena, the only fraud has involved what one might expect, people apparently seeking money rather than knowledge.) Some have been confirmed, but with funding being scarce, for years, these confirmations may still leave something to be desired, possible artifacts to check, etc.


    So ... priority to confirmation with increased precision of what has already been confirmed. Heat/helium was the first of these I proposed. The community was not eager. "We already know that! Why waste money on this?" Well, because if this is shown beyond any reasonable doubt, the major excuse for denying funding to LENR will disappear. There will still be plenty of reasons to be careful. The known effect is fragile and difficult to control, as yet. However, if it's real, this fact then suggests avenues for conservative research.


    It's about time.

  • We all agree with You that it is completely nuts to pay 100 Millions for a heater with a COP of 6, what was the clear intention of IH !!


    I do not agree with that, and neither do the people at I.H. The COP is irrelevant. It can easily be improved, if the gadget works and it can be controlled. What you are saying is similar to saying in 1908 that airplanes can only fly a few hundred feet high for 20 minutes, so they have no practical applications and they will never be used in war. That was absurd. Anyone who understood internal combustion engines could see that was wrong.


    People did say that by the way. Those people did not understand technology, and did not know what they were talking about. They were like you, in other words.

  • As rarely happens, I agree with Jed. Any device which could amplify electrical power at megawatt levels using nuclear fusion as a source would be essentially priceless. Whether the COP was large or small as long as the power gain was clearly demonstrable which of course, Rossi's was not.