The Industrial Heat Answer

Nothing has changed since MTD. This is what the IH case is depending on - and this argument has already been dismissed by the court ... Thin ice it is.

Quote from "counterFUD"

62. Defendants admit that Industrial Heat and Rossi executed the proposed Second Amendment to the License Agreement (the “Proposed Second Amendment”), which is dated “October __, 2013.” However, the Proposed Second Amendment was not executed by Leonardo, IPH, or AEG. Defendants state that the Proposed Second Amendment speaks for itself, and therefore deny any allegations in Paragraph 62 inconsistent therewith. Defendants admit that a copy of the Proposed Second Amendment is attached to the Complaint as Exhibit D. Defendants deny that the Proposed Second Amendment was valid to amend the License Agreement. In any event, the Proposed Second Amendment addressed the testing of “a six cylinder Hot Cat unit” (the “Six Cylinder Unit”), not the E-Cat Unit that was the subject of the License Agreement and the First Amendment. The Six Cylinder Unit in the Proposed Second Amendment is separate and distinct from the E-Cat Unit or Plant as referenced in the License Agreement, the First Amendment, and the Complaint. Photographs accurately depicting the Six Cylinder Unit are attached hereto as Exhibit 3. The Six Cylinder Unit remains in North Carolina

Worth noting is that even if the amendment is ruled valid, IH is stating it was the wrong type of plant that was tested (eh?). And considering that they state that the ERV COP~50 report "speaks for itself" they have carefully made is sound as if the test failed, while actually acknowledge that it worked...

Quote from "counterFUD"

72. Defendants deny that the test referenced in Paragraph 72 was the Guaranteed Performance to be performed under the License Agreement. Defendants admit that on March 29, 2016, Penon sent his final report regarding the operation of the Plant to Darden and Rossi. Defendants state that this report speaks for itself, and therefore deny any allegations in Paragraph 72 inconsistent therewith. Defendants deny that the Plant satisfied all of the performance requirements imposed by the License Agreement; see Ex. 5. Defendants also deny Plaintiffs’ allegations in Paragraph 72 regarding the amount of energy produced by the Plant during the testing period; see Ex. 1. Defendants deny the remaining llegations in Paragraph 72.

Interesting to note here is that their arguments against the test is
** the Murray flow meter FUD in ex. 5 (which nowhere close is able to explain a factor of 50).
** the USPTO comment on the patent in ex. 1 ... They are as I wrote about long time ago (see link below) going down the total anti LENR track ... not scientifically proved/independently confirmed ... they simply do not care if it really works ... totally disregarding the ERV report even though it "speaks for itself", which they know is valid.. http://www.sifferkoll.se/siffe…to-ditch-lenr-completely/
Worth saying again. This counterFUD is a goldmine of information strengthening many of my (http://sifferkoll.se) hypothesis considerably

This kind of blatant inconsistencies in arguing leads to the obvious conclusion that IH/Darden/Cherokee et al are panicing and decided to go all in and thereby likely are comitting a complete business suicide exiting as fools.

James Bass is found, playing soccer for the Johnson Matthey team in Royston, UK. Surprisingly also the HQ of Johnson Matthey Chemical Products manufacturing among other things platinum catalysts of different kinds ... Kind of funny actually; IH making all this stuff up ...

http://www.sifferkoll.se/siffe…atthey-chemical-products/

So when it became obvious to IH that the 1MW plant did perform, then they brought in the DoD/Apco/Establishment crowd, and offered Rossi money to stop the test ... No wonder Rossi got suspicious ...

http://www.sifferkoll.se/siffe…enr-down-and-trash-rossi/

Quote from "Renzzie"

When his fearless lord Rossi repeats over and over that Johnson Matthey is NOT involved...then they are absolutely not involved. When findings turn up evidence to the contrary...all of a sudden Sifferkoll sings a totally different tune.

What are you hallucinating on?

I've known for ages that there was a connection, allthough not the exact kind, which has now sort of surfaced. I suppose Rossi has promised them to deny their involvement in some kind of NDA or whatever, as part of the deal. They did not, and still do not, like to go public about it I suspect.

Quote from Wyttenbach

Jack Cole wrote:
A selection of the invoices is attached hereto as Exhibit 18.

Did You read Exhibit 18? There is no copy of any invoice there. Thus they are dirt cheap lying!

What's in there is simple: Rossis laywer confirms that they (JM) got energy...and thus, may be, IH could send an invoice...Rossis laywer also confirms that during a long period they could only deliver .75 MW.

This whole story is cheaper than any Hollywood soap.

If IH did never send an invoice as requested, then the mother of all cheats is IH!

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Quote from Wyttenbach

From Exhibit 18, we learnd that AR delivered between .75 and 1 MW and IH new this.

This is hilarious. Those were not invoices, that is correct. They were reports of power delivered, by Johnson, writing not as "Rossi's lawyer" -- though he was, and did IH know that at that point? -- but as the President of JM Products. Now, how did he know what power to report? The complaint here is that they used the wrong word. Those bastards, how dare they lie like that?

If they had shown the invoices, as being their own invoices, it would show nothing other than a request to pay. I presume they did invoice, and there is no indication that they did not, and Rossi alleged the payment. So Wyttenbach is running his standard Something is Wrong with IH number.

See Complaint, paragraphs 17, 22, 64.

17. IH admits entering into a contract in Florida.
22. is denied. I'm not sure why. If they invoiced, they had revenue, but they also had substantial expenses. This could amount to Rossi covering the expenses through JM Products.

Quote

64. Defendants deny that the “test” referenced in Paragraph 64 – meaning the operation of the Plant in Doral, Florida in 2015 and early 2016 – was the “Guaranteed Performance” to be performed under the License Agreement. Defendants deny the allegations in Paragraph 64 as to Plaintiffs locating a customer in Miami, Florida who agreed to allow its facility to be used for a “Guaranteed Performance” test. The company Plaintiffs “located” for the test referenced in Paragraph 64 was a company closely affiliated with Plaintiffs (J.M. Products, Inc.) that had no actual use for the steam produced by the Plant, and thus was not a “customer” for the steam power to be produced by the Plant. Defendants deny the remaining allegations in Paragraph 64.

Now, those reports. There is a pattern, see Exhibit 18:

Jun 2015 1 MW 26 days, 750 MW 4 days
Jul 2015 1 MW 26 days, 750 MW 4 days (what happened to the extra day?)
Aug 2015 1 MW 15 days, 750 MW 16 days
Sep 2015 1 MW 15 days, 750 MW 15 days
Dec 2015 1 MW 20 days, 750 MW 11 days

These were not measured power figures, that's obvious. This would simply be what Rossi told Johnson to report. How else would he know if it were not measured? Measured power will not come out as even multiples of 250 kW!

250 kW would be a difference of $250 per day. Presumably, there would be power data from the plant side, or JM Products could measure it themselves. They did not measure it, so this aspect of the "test" -- a customer measuring and paying for power, the whole point Rossi made in his email requesting the agreement with JM Chemicals, was a sham.

Who was paying the bill? Yes, it would go through JM Products, but where did the money come from? Most likely: from Rossi. However, rabbit out of the hat: a real JM Products shows up. Maybe it really is Johnson Matthey. And maybe Johnson Matthey simply did not care about a $250 per day difference and as long as their process worked this was, for them, chicken feed.

By the way, there was no requirement in the GPT specifications, if this were the GPT, for any specific level of power, only for COP.

One of the strong reasons for including Johnson as a cross-complaint defendant is that he is then subject to deposition without using up the number of supoenas that can be issued, and these are the kinds of questions he will be asked, under penalty of perjury. He is operating a Florida company, and possibly impersonating as a representative of a well-known UK company. As a defendant, he can lose big if he stonewalls. I have suggested that Johnson is best off by simply coming clean. Otherwise, he is up to his ears in deep manure. Or more. Maybe it's wet.

And if the truth is that he represents Johnson Matthey, great! Fantastic news!

If the device actually delivered 1 MW, I would be seriously thrilled, and I'm quite sure Jed would be as well. However, it has been five years that I and many others have been looking for independent confirmation of the Rossi claims. Because it was so secret, we could not count on IH support as being a confirmation, but it looked like it might be.

How does it look now?

Okay guys, what if...

what if project Blue Beam is part of the October Suprise? false alien invasion etc
what if the cold fusion bombs in Independence Day : Resurgence were really a plant to announce this breakthrough technology, which will be weaponized as soon as it's publicly revealed?
what if it's all a clever ploy to discredit LENR ("oh man we can't use that tech to fuel civilian gear remember the ET war we can't have such powerful stuff powering our cars")

Quote from sifferkoll

Nothing has changed since MTD. This is what the IH case is depending on - and this argument has already been dismissed by the court ... Thin ice it is.

The argument has not been dismissed by the Court.

Sifferkoll has not shown an ability to read evidence and documents for anything but finding "proof" of conspiracy, etc. The judge found sufficient allegation of estoppel to allow Count 1 to continue. The judge was not deciding fact, and merely considered that a Motion to Dismiss on this basis was not to be granted, because Rossi might successfully show estoppel. And that is going to be an issue, because IH denies that they consented to the GPT being performed in Doral.

It's fascinating, actually. Rossi seems to have believe that by putting together elements of the GPT, he could unilaterally arrange it without their consent. It's a 1 MW reactor, even if it's not the original one described in the Agreement. Check. It has an ERV, the same ERV as Rossi selected (with IH consent) for the Validation Test. Check. It even has a measurement protocol arranged with IH consent (though I haven't seen proof of that). Check.

Therefore it looks like a duck, it quacks like a duck, it must be a duck!

But the Agreement was rigorously specific that written consent was required, and I wrote, back when considering the Motion to Dismiss, and the Rossi Memorandum, that the actual communications between Rossi and IH might show something different. And it does. This is still a factual issue, but if Rossi does not come up with more evidence, at least alleged, for substantial estoppel, not merely some vague implication, the whole case could vanish with a Motion for Summary Judgment, leaving behind only some smoke and a bad smell.

Ah, except for those counter-claims. Did Rossi's lawyer (Annesser) know the full story, or did he just do what Rossi Said?

Why does Sifferkoll continue arguing with the obvious, presenting as if it were fact what is Planet Rossi Trope (and then what he says is followed and repeated by many others as fact)?

He is presumably not stupid. It's obvious: he has an agenda he is promoting, i.e., what he is accusing many others of, is really about him. No, I don't think he is being paid by Rossi. I think he is looking for Rossi to demolish the oil market, his original interest.

Sifferkoll picked up on the mention of a James Bass who works for Johnson Matthey on E-Cat world, and repeated it. Until I saw that it came from ECW, I was about to congratulate him on a nice piece of research. All this, however, will come out in the wash. Someone will interview Mr. Bass, if they have not already. I do assume that IH contacted Johnson Matthey and has a denial. They wrote that they searched for him, without success, and so I would assume, ab initio, that they checked with Johnson Matthey and maybe this same-named person who allegedly appeared in Florida.

The kind of conspiracy alleged by Sifferkoll gets really complicated. Because I came into contact with a conspiracy theory researcher in my 20s, who had an amazing theory about the assassination of JFK, with amazing evidence, I came to this conclusion: claims of governmental-level conspiracy could not be disproven, they are like pseudoscience, because any contrary evidence can be explained away by some new ad hoc explanation based on the tremendous power of governments.

There are real conspiracies. However, what we see with Sifferkoll is based on thin fact wih vague implications. An IH email in March 2016 cc'd to an address at APCO) was converted into a huge story, with known people, with established reputations (like myself and Jed) therefore becoming "paid operatives." Operatives to do what?

Why, comment on blogs, of course. Really? You can get paid to do that? I've really been missing out! Yet to set up such a "team" would require communicating with people who just might be totally outraged. There are lots of people involved with LENR who would indeed be outraged. I would. I'm 72 and very aware that I'm going to die in not very long, and what I have is the future of my children. I'd compromise that for what someone would be willing to pay for friggin blog comments? That mean nothing, that will have little or no real-world effect, and where the truth is on its way, like a freight train coming, in Rossi v. Darden?

In a word, No.

All this is *completely irrelevant* to Rossi v. Darden. All it does is to increase a sense of outrage on Planet Rossi, with no effect on the case.

Quote from Hermes

If this James Bass was playing soccer in England how is it possible that he was playing director of Engineering in Florida with a pathetically unrealistic visiting card? impersonation?

It's possible. Johnson decides that he needs someone to play the role of Engineer for JM Products. So he hires Mr. Bass to come to Florida and show up. Only once. Not a big deal.

Or Bass really does represent Johnson Matthey. That cannot be said to be impossible with what we know. I assume that IH checked. But even if they did, Johnson Matthey might have lied to them. It could happen.

What I find interesting here is that before the Answer appeared, someone, I think it was Jed, mentioned an "actor," an impersonator. And was dismissed as nuts. Now the allegation is in a Court pleading, and is plausible enough to be there.

If anyone on Planet Rossi is interested in coming in out of the cold, I suggest reading back and seeing, based on what comes out, who has been truthful and cogent and who has not. In some cases the matter is still ambiguous. However, patterns are appearing that can be recognized. Rossi v. Darden has provided far more accurate information about Rossi's behavior than anything we had before. It has largely blown open the IH involvement with Rossi.

And simply by existing, Rossi v. Darden serves as a major cautionary tale for anyone considering investing in Rossi. This is how he treats them. This is how he treated his Italian licensee, and his Swedish investors. And, as soon as he was challenged and confronted, Industrial Heat. Knee-jerk, immediate lawsuit, claiming fraud and attempting to pierce the major protection of investors: the corporate veil. As to Hydro fusion, shameless manipulation of a test, on the one hand, or shameless lying about a test failure as being deliberate.

Whether Rossi has a real effect or not has become moot. He is utterly untrustworthy, and one does not need to think Industrial Heat is blameless to notice this. It is massively obvious from direct evidence. If I'm wrong, this will come out fairly quickly. The real customer will show up. Johnson will testify under oath -- and those depositions can be private, to protect a need for secrecy. Penon will not evade court process and will show that his work was valid. Rossi's failure to establish the legal conditions for the GPT, a likely finding at trial if it gets that far, will return the situtation with the Agreement to status quo ante. Except for the counterclaims, which might be negotiated away.

Rossi is not getting the $89 million, that's totally obvious. In order to raise that, IH had to be able to make devices that would pass independent testing, and Rossi has not shown (and likely cannot show) that this "failure" was disengenuous. So if it was their falure, we have to say that Rossi allowed his customer to fail, and suffers the loss from that: his customer goes bankrupt. That is even if he can show that he satisfied the IP transfer agreement, which is going to be very difficult.