Nobody
Were i the court, would order Rossi to submit the device to a court-appointed independent test. If it passes, IH owes.
Its far more complex than that. IH have never categorically said Rossi's invention does not work only that they have tried to validate it without success.
In order to win, IH must show breach of contract by Rossi or fraud. A claim of fraud by IH is not yet in the court docket and has only been hinted at by others.
Yes wouldn't it be nice for the invention to be tested by an independent competent person, do you know of any that would be agreeable to IH and Rossi and the court? Dr. Nathan Lewis or Dr. Steven E. Koonin of Caltech maybe.
http://partners.nytimes.com/li…50399sci-cold-fusion.html
Best regards
Frank