New Lawyer Added to Leonardo Team — Brian Chaiken

Rossi should appear at the New York Philharmonic and give a solo performance of any famous concerto using only a group of properly tuned QuarkX's to provide the tones. Stethoscopes not required. Accompanying light show optional.

For those who thought IH left a margin of doubt that maybe Rossi had something but it just wasn't quite good enough, read this and give up all hope:

(I use an image because the PDF did not permit copying)

Quote from Rends

Quote: “Industrial Heat and IPH have been unable to produce any measurable excess energy”

How can a serious company sell energy over a period of one year, billing monthly, if this energy does not even exist?

I have to admit that this is a logical question. I have (and still do) tend to believe IH as they have the history (Darden) of a professional business and that Rossi's history has been
"questionable" at least. The evidence provided so far, mainly the fake customer and the allegation that Rossi refused to conduct the test in NC has been very damning in my eyes.

With that said, I cannot deny your point. If IH truly believed the eCat did not work, how could they honestly accept $30,000 per month from it? That does not seem to honest.
I wonder if this question will come up in court and what their response is? (I doubt it will, but possibly) We DO have to remember though, that from the data seen so far, IH did
NOT bill the customer at all, the customer sent measurements of energy TO IH! It was not like IH was conducting the energy measurements, Rossi would not let them in the
building. So in that regards, IH did not bill the customer. Still, accepting payment for something you did not believe in is odd and leaves room for questionable moral conduct,
I will admit. Will Rossi supporters also state that Rossi has made a number of questionably moral practices as well?

The first possibly that comes to mind is that Rossi told them he had the agreement setup with the customer.... that it was not IH dealing with them but Rossi. AND that the
customer would surely only pay for what they received. So if they received 1mw of heat and paid $1000 per day, then everything was honest and above board. If they did not
receive it, then they surely would not pay for energy they did not receive! That would be more data that they would have about the eCat not working. According to IH's answer,
the Florida test according to Rossi was "sale of heat" not a test and that Rossi arranged the entire deal not IH.

However, as it seems to have turned out, there was no customer, only Rossi. So if their intention was to see if a customer was satisfied with the eCat, that test failed as there
evidently was no customer and Rossi was simply staging the whole deal.

If IH had arranged for the "sale of heat" and then also was stating that the eCat did not work, that would be very troublesome. Just as Rossi supporters should be very concerned if
he presented the "1 year test" to IH as a profit center to sell heat but really had the deceptive intention of labeling it the GPT "after the fact". (This detail will be confirmed or over turned in court if it goes that far)

Quote from Paradigmnoia

<a href="https://www.lenr-forum.com/forum/index.php/User/597-Abd-Ul-Rahman-Lomax/"> @Abd Ul-Rahman Lomax</a>

So should we be expecting an Answer to the countersuit?

Yes. The motion to strike is not an answer to the countersuit. It is about the Affirmative Defenses, which are not part of the countersuit, they are part of the Answer. The Countersuit begins on page 23 (pdf page 24) of the amended answer (document 0030.0) ("COUNTERCLAIMS AND THIRD-PARTY CLAIMS")

One possibly interesting point: if Rossi Answers the countersuit, he will have to address points in it that contradict the Motion to Strike.

Quote from Rends

Quote: “Industrial Heat and IPH have been unable to produce any measurable excess energy”

How can a serious company sell energy over a period of one year, billing monthly, if this energy does not even exist?

How do they know if the energy exists or not? On the face of it, the "customer" told them that they used X energy, please invoice.

we do not know if IH actually invoiced, but they were paying Fabiani $10.500 per month, possibly more, and they were paying Barry West and Penon, unknown amounts.

Did they suspect that this was all fake? Possibly. However, if so, this was a way to at least cover current related expenses and then possibly some of the money paid to Rossi under the Agreement.

No fraud was involved on their part, this is clear. It is obvious that Johnson issued the power consumption statements based on Rossi say-so, they were really only the number of 250 MW "Tigers" on line multiplied by the number of days online. They were not actually measured, that's obvious.

Quote from STDM

IH needs to debunk the Lugano report. As long as it stands the e-cat works as advertised. We know that dewey was working to find errors in the report, they couldn't find any big ones, else they would have added it in their answer.

As it stands now, the proof is there that the e-cat works. If you disagree find me an expert with actual professional and practical expertise who disputes the report.

@Bob
Can you explain me how IH can ever win this courtcase? Instead of going to the police for fraud they accepted investments of 50 million of WF. Very credible

Oft repeated Planet Rossi trope. Planet Rossi creates "logic" that is poorly related to fact, and creates arguments ad hoc that it does not evenly apply.

It was argued on Planet Rossi that the case was open and shut.

1. The ERV issued a report that the Plant satisfied the requirements of the Guaranteed Performance Test. (Apparently so.)
2. IH agreed to the ERV as the standard, not their independent claims. (Actually, no.)
3. Therefore IH must pay.

That was a simple-minded understanding of the Agreement.

So what about the Lugano test? It is irrelevant. The primary issue in Rossi v. Daden is not whether or not Rossi ever made something that worked. If he did, so what? IH says that they independently tested the same device that was tested in Lugano -- they had manufactured the Lugano device! -- and could not find any excess heat. So ... the likelihood is what others from independent analysis concluded: the Lugano test was a fiasco, error. But they do not need to prove this. Even if it was not an error, perhaps, for example, Rossi added a Secret Sauce, not disclosed to IH, that made it work.

The Lugano report is not accepted by experts in calorimetry. McKubre's review of it from December, 2014, should be read. http://www.infinite-energy.com…ne/issue118/analysis.html

Quote

All well and good. Is this confidence justified by the words in the report? Is there evidence of excess heat? My impression is “Yes” (but see below). Is this evidence unambiguous? Not as presented. Is there evidence of nuclear transformation? Yes, very clearly, but questions remain to be answered (or, in some cases, asked). Do the heat and nuclear production correlate quantitatively? Yes, possibly. Is the report perfect? No, no report is perfect, but this one is imperfect in little ways and large. There is curious inattention to detail—surprising for a document as delayed, anticipated and important as this. When asked to provide a review (sight unseen) I agreed; this is important. But I also realized that unless the report was perfect in every detail, whatever I wrote would annoy somebody. Here goes.

He points out some of the major problems, especially the failure to calibrate at full input power. He misses other aspects which became common knowledge. The external temperature was claimed to have reached over 1400 C. He points out that this would have melted the Inconel heating wires, but does not point out that this temperature would have been white-hot, the device would have been difficult to look at. Instead, it was dull red, and not even apparently glowing in parts. That was a face-palm error. He points out that the test was not truly independent, with Rossi handling the fuel insertion and removal, and also managing setup of operation. Essentially, the Lugano team just watched him and their instruments. He points out that the internal thermocouple readings were not given. The report was a disaster. So IH attempted to confirm, with ample time and opportunity and full access. No heat. In order to dismiss this, one must develop a conspiracy theory. Liars!

Most in the LENR field were willing to adopt a "wait and see" attitude about Rossi. His refusal to allow independent testing was widely noticed. Once the community knew that IH had invested, it was assumed that they had some good information, not available to the public. So, again, nothing could be established scientifically, but there was an atmosphere of "maybe it works, even if Rossi is paranoid." We did not know that IH could not verify the heat, until Rossi sued them.

The situation for Rossi is much worse than it was before the suit. There is now prima-facie evidence that Rossi has faked a major test, and maybe others. In fact, one test was definitely faked or very wrong, the Hydro Fusion test in 2012.

It was fascinating for me to read Mats Lewan's account of that test, and then Rossi's report to IH about it. Contradictory. Rossi lies. Or, perhaps, invents fantasies that he then believes, redefining reality.

So, how can IH win the court case? Set aside the counter suit and just look at the primary lawsuit.

The entire Rossi case rests on the assumption that the Doral plant was a Guaranteed Performance Test. The Second Amendment that allowed postponing that test has been challenged because it was not completely signed by all the parties, as required. However, estoppel may be alleged on that, and it is believable. But then, the Second Amendment requires written consent to the start of the Guaranteed Performance Test. That, apparently, never happened.

A sale of power, which is what Doral was, cannot be transformed to a GPT merely because Rossi says. It does not become a GPT merely by using Penon to make measurements. It requires an actual agreement to the GPT, on which $89 million will hang, that it can start on a certain date (and presumably upon agreed-upon conditions). There were conditions of the power installation which Rossi violated, and those violations alone -- as pointed out by Jed Rothwell -- would have invalidated a GPT even if they had agreed. (Access!!!)

Winning the lawsuit, then, does not seem to be difficult, and would seem to be just a matter of time. Winning the countersult is more difficult, though they have a good shot at it.

Side effect: Rossi looks like a complete scam. What was he thinking when he filed this suit? Even if the Plant actually worked, he had put together something that had worked on Planet Rossi for years, something that, on the face, could convince people unless they look at details. But a lawsuit against a $2.2 billion corporation, the lawyers are going to scour and scrape and look at every detail. And Annesser was unskillful. He included that unsigned second amendment instead of telling Rossi to sign it for Leonarde and get Ampenergo to sign it. (My opinion is that would have been legal. There was no time limit on obtaining the signatures, they were not dated.) He also included the affirmation by Johnson as the last page of the Agreement, when it was not part of the Agreement at all, being executed two years later. That was the first time that the public had a glimpse at the Customer. It was a blatant error, a mixup.

The lawsuit was guaranteed to make it very difficult for Rossi to raise significant money, until and unless it could be resolved in his favor, which would probably take two years or so. Did Annesser tell him this? Part of an attorney's job is to tell a client how an action like filing a lawsuit can cause much personal harm. Did he tell Annesser the full truth? Lie to your lawyer, you might as well lie to yourself.

Did Annesser study the documents and point out to Rossi the problem of a missing agreement to start it?

Quote from STDM

@Abd
In McKubre's own review he states:
"The mode of calorimetry employed to measure the output power and by integration energy, is one with which I have little direct hands-on experience."

Again, find me an expert.

If you think Rossi is all one big fraud, explain me the following:
Why didn't IH cancel the licence if it's all one big fraud?
How did they raise 50 million of WF?
How many employees are working at the moment for IH? And what are their activities?

Display More

I can (and must) then ask of you :

Why did Rossi state if Feb.2016 everything was OK? (The IH answer has been stated many times, please review the story history)

Why has not Rossi released ANY of the customer names of the 13 plants HE has stated he has sold? He should have millions from these sales!
(The Woodford investment is not in IH. Please read the facts. IH is supporting other researchers as well. )

but since it seems important to you for IH :

How many proven employees does Leonardo Corp. have?
What customer(s) is Leonardo Corp. working with? What activity is there?
Where is Leonardo Corp. manufacturing the 1mw plants?
Where is Leonardo Corp. doing research on the QuarkX?
Where/what are the commercially approved certifications for eCat reactors, approving it for sale?
What evidence of any kind is there of a QuarkX?

Please note, since you apparently do not believe IH's court answers, you need to provide answers to
the above from sources OTHER than "Rossi says". What is good for the goose is good for the gander.
If you will not believe evidence people have posted that was submitted from IH, do not expect very
many to believe "Rossi says".

Quote from STDM

@Abd
In McKubre's own review he states:
"The mode of calorimetry employed to measure the output power and by integration energy, is one with which I have little direct hands-on experience."

Again, find me an expert.

There may be no expert. They used a non-standard technique, purely based on theoretical expectations but not high specific experience, and did not calibrate it over the experimental range, at least over the range of input powers, with, as McKubre suggested, studying the curve up to the point they must stop. This is one of the problems of working with possibly high power devices. Everything becomes difficult. This was very common with Rossi, avoiding calibrations and confirmations, but that "independent professors" went for it was surprising.

Quote

If you think Rossi is all one big fraud, explain me the following:

My thinking is not based on claiming a knowledge of reality, but rather on possibilities and probabilities. This kind of argument, I call it "how come?" argument, is commonly found among people who are fooling themselves. In daily life, not just in a matter like this.

Quote

Why didn't IH cancel the licence if it's all one big fraud?

I have answered this question many times, but once more.

First of all, I'm not IH and do not necessarily know their motivations. However, what I can do is to consider possible rational motives. So here is one.

They do not know if Rossi knows how to make devices that work or not. They do not take the position "all one big fraud" except as one among various possibilities. So their strategic planning includes the possibility that the Rossi Effect is real, but that he did not teach them how to make it work, which could also happen from various causes.

They are investing in LENR research. Some of that investment may be wasted if Rossi comes out with a product. They consider that unlikely, but not impossible. Holding a License gives them a hedge, call it an insurance policy. They balance this against the possibility of selling the license back to Rossi. They invested, however, much more than the licence amount. I'm guessing $20 million.

IH gains nothing by "canceling the license." With Rossi permission, they could transfer it. Actually, the license is owned by IPH. IPH could be sold. Maybe Hydro Fusion would buy it, eh?

Quote

How did they raise 50 million of WF?

This is a standard Planet Rossi question, and Rossi himself asks it all the time as if it proves the total ridiculousness of the IH position. Rossi does not realize that the Woodford investment more or less shows the opposite.

This is what I assume. They got that money by telling Wooodford the truth, the whole truth, about what had been happening and the status of their relationship with Rossi. So, consider this imagined conversation:

1. During a visit to the plant.
Darden: Here is the E-cat plant we built. It is being used here to provide a megawatt of power to a customer behind that wall.
Woodford: Impressive. May I see what is behind that wall?
Darden: No, they are keeping it secret.
Woodford: How much are they paying for the power?
Darden: about $30,000 per month.
Woodford: And how much did the plant cost?
Darden: $200,000.
Woodford: Amazing!
Darden: Yes, it is.
Rossi: I'm so glad you could visit.

2. Later, privately with Woodford.
Darden: Our own testing of the same devices as in that plant shows no excess heat.
Woodford: But you are being paid for the power!
Darden: yes, but the customer seems to be a dummy set up by Rossi.
Woodford: Why?
Darden: There is this agreement about a test, and he is trying to make this look like that test so he can get $89 million.
Woodford: I noticed that the room was not particularly warm. How is that megawatt being handled?
Darden: You noticed.
Woodford: Well, I don't want to invest in anything if it's Rossi and there is no independent confirmation, something much better than Lugano.
Darden: We are no longer making new investment in Rossi, other than clean-up, but we have a license in case he actually is making power and didn't want to show us how.
We suggest you join with us in a limited partnership in England, where it is close to you, and you can make sure it's being handled properly.
Woodford: Would $50 million be enough for now?
Darden: Yes. The field is not ready yet for massive investment. Most of the research we are wanting to fund is basic research, creating a foundation for what may eventually have commercial value.
Woodford: That"s about what I had in mind.

Notice: Rossi thinks Darden was "singing the praises" of the Plant, though he just stated some facts. However, nothing Rossi says can be trusted. The theory that he simply speaks for dramatic effect seems not far off. He created a damn good fraud demonstration in Florida, and Darden behaved like he was impressed! Now he won't pay. The snake!