Thread with the most fact-based posts on the Forum shut down from flame warring

  • There are indications on use of offshore corps already at the stage of setting up the deal with Rossi, I guess we will never know where the $50M went. (except for a pipe to Jones Day of course)


    Fascinating information, can you please elaborate these indications? And again how do you have information on this $50M...how do you know it even ever exchanged hands? Fascinating!

  • sifferkoll wrote:

    You write all of this as if it is fact...do you have proof of the $50M and that it is hidden in an offshore entity(panama?) or is this speculation?

    The claim that IH used Rossi IP to raise money from Woodford is standard Rossi rant, and is in the complaint. Now, I have no direct knowledge of where that money went, but I have what may be a reasonable surmise. Rossi also complains about IPH INTERNATIONAL 8.V., a Netherlands company (and they are named as a defendant in the suit.)


    Now, consider that IH has decided that the Rossi IP is going nowhere, and that they are not about to give him $89 million. Suppose they are raising money for other LENR investment (which we know they are involved in). Where would they put this money? In IH, with a contingent debt to Rossi for $89 million, for IP that is worthless to them, or somewhere else? IPH is an obvious possibility, a new company formed to hold and invest new money. Indeed, Woodford might have insisted on this.


    The Rossi Story is that IH raised the $50 million on the strength of his IP and especially on a showing of the 1 MW test, because there was apparently a visit (which Dewey confirms). But what Rossi has invented and which may not be the case, is that IH told Woodford all was well with Rossi and the test was going fine and everything was peachy, so give us $50 million. If so, they might be considered to have defrauded Woodford, and I very much doubt that Rossi knows what Woodford was told.


    Given what Dewey has been revealing, IH knew there were problems when they could not see excess power in independent tests of devices that they made per Rossi's instructions. At this point, then, they had no ability to raise the $89 million for the purpose of paying Rossi. They would have to deceive investors. However, they would still very likely show possible investors the 1 MW test. It showed how serious they were. I'd have been impressed even if they told me that Rossi was a complete con. In fact, more impressed. They risked -- and may have lost -- $11.5 million to find out. But LENR is a trillion dollar issue. Per year.


    All investors in LENR need to know how risky it is. Risk $50 million on the outcome of one non-independent test with all the obvious defects, enumerated ad nauseum here? Who would do that? Let's put it this way: people who would do that do not normally have $50 million sitting around to invest.


    By the way, for this comment I assume that Woodford did invest $50 million. I have not confirmed that. It is commonly stated, but I don't know the source. It is in the Complaint "upon information and belief."

  • Quote from stephenrenzz: “sifferkoll wrote:
    Quote: “As I said, IH was extremely happy about Rossi, Penon and the quarterly reports since those enabled them to raise at least (probably more) $50M from Woodford, which now are nicely hidden in som…


    I knew of this rant that perpetuates on Planet Rossi, but I had never seen any proof that the $50M even went to Woodford. Siffer's response of course tells me that while he boasts it as fact...it is nothing more than speculation and "Rossi says". Oh that saying is so tiring at this point lol...like a parrot. "Rossi says....Rossi says...arhhhhh"

  • "Maaary" wrote:

    hat Jones Day had taken an additional legal step today


    yeah, it's another lawyer bot answer repeating the first MTD. More court cases etc. Lot of Jones Day drones spending time in libraries... (read to much Grisham...). You US folks really have made lawyer bot docs into an art form ... :D



    My summary;

    • not enough signatures, so a working MW reactor doesn't matter. It came too late.
    • also they argue that they know from already when the 2nd amendment was (not) signed that the MW test did not matter ... [is that malicious or what?]
    • IH can distribute IP as they wish ... [because of malicious wording in the license]
    • IH can file patents as they wish ... [because of malicious wording in the license]
    • IH can raise money as they wish since raising money on claims of owning IP is not the same as selling products ...
    • and a lot of text aimed at keeping Darden, Vaughn and Cherokee out of the lawsuit (this seems important)

    http://www.sifferkoll.se/siffe…e-malicious-intent-of-ih/

  • One more Lomax in stage... (Member of lawyers..)


    see post above D.E. 19 - Reply In Support of Motion to Dismiss.pdf...

    Seems to be a desperate filing: Claiming that submitting a patent is not ownership of a patent = unlawful enrichment...

  • Wyttenbach - if you're referring to Rossi's MTD response then you will be correct. He threw a bunch of case law up against the wall with water for glue and not much, if anything, may stick. If you're referring to the IH rebuttal filed yesterday -it is legally and factually devasting to Rossi's case. The impact will now but up to the judge. On Planet of the Rossis, under the topsy-turvy kingdom logic imposed of late by the overlord and with the assistance of his head of PR/lies and slander dept, legally and factually devasting actually means that Rossi has advised his followers of a great victorious day overnight. I'm sure they are still celebrating. I'm also sure that approx 300k Icelanders (20k went to bed) are still celebrating as well but that was for a truly amazing victory, not one imagined or longed for in the topsy-turvy kingdom. In fact, the IMS has picked up some new information from Planet of the Rossis that may or may now be dispatched over on "The Playground" later today.

  • What.... can no one at ECW afford the access fee to the docs? The silence is deafening over there.

    Well, I saw the PACERmonitor listing, but before I would go to the trouble of digging up my PACER login, and navigating that system, which is a weird design, I searched, and found your kind upload here.... Thanks, Dewey. Meanwhile, please don't kick them when they are down, okay? It's rude.

  • One more Lomax in stage... (Member of lawyers..)

    Yeah, I noticed that quite a while ago. No relation, AFAIK.

    Quote

    see post above D.E. 19 - Reply In Support of Motion to Dismiss.pdf...


    Seems to be a desperate filing: Claiming that submitting a patent is not ownership of a patent = unlawful enrichment...

    What has been happening is that residents of Planet Rossi, again and again, demonstrate confident ignorance of law and legal reasoning. The Complaint alleges *patent infringement," which is a specific thing, and no element of patent infringement has been shown in the case. A patent submission cannot "infringe" another patent. I highly recommend reading the IH filing carefully, this is well explained. Patent infringement was one of the weakest claims in the Complaint.


    Someone who imagines this reply is "desperate" has no clue. This is a clearly written brief, factual. I'm happy to note that it added this or that, corresponding to my comments in the shut down thread on the Rossi Memorandum. I was not predicting total dismissal. I now am, though this is far from certain. The strongest Count was Count I, and I see that IH points out that the Complaint does not allege estoppel, which would be necessary given the plain signature defect, and a signature defect is not a mere technicality with agreements like this. The lack of signature can indicate a lack of meeting of the minds, and in this case, the crucial lack of signature is a lack of any writing, which Jones Day now points to, setting the date (and conditions) of the GPT. That writing was explicitly required in the second amendment, and thus it would be necessary to claim estoppel, which requires factual assertions not shown in the Complaint.


    And if the Complaint is dismissed, there goes our idea that we will all learn What Happened from this lawsuit.


    Meanwhile, meet Patricia Silver, founding member of the Silver Law Group. Nice, eh? The photo is not recent, however, she is close to my age, here is a recent video: https://vimeo.com/116893481. I'm sure she is a competent attorney, from her history. This is Annesser: https://vimeo.com/116893484


    And, on the other side of the ring: Jones Day (Wikipedia). The Reply is signed by is Christopher R.J. Pace, who appears to be lead counsel, by Christopher M. Lomax, and by Christina T. Mastrucci, The tone is calmly professional, unlike the Memorandum, signed by Annesser.


    This is what you get when you decide to include a $2.2 billion corporation as a defendant, perhaps on the idea that they have the money to pay a claim or settlement. You get the largest legal firm in the United States on the other side of the courtroom. You get the kind of clear and cogent argument on the other side that would be respectable as legal argument in an appeal.


    And if the judge does not dismiss the case, expect an immediate appeal, which would stay the case.

  • This is what you get when you decide to include a $2.2 billion corporation as a defendant, perhaps on the idea that they have the money to pay a claim or settlement.


    I like US big money: Big bucks big sucks. And if the bad boy at the court is not behaving well, more big bucks. Luckily the supreme court is now no help after second stage...


    If the judge, by mistake is a techy.., then IH will be flattened.

  • Quote from Abd Ul-Rahman Lomax: “This is what you get when you decide to include a $2.2 billion corporation as a defendant, perhaps on the idea that they have the money to pay a claim or settlement.”


    I like US big money: Big bucks big sucks. And if…

    On Planet Rossi, big corporations suck. Money sucks. Reality sucks. It's unfair! (Queue three-year old tantrum!)