Of course if there is video evidence of equipment, manufacturing taking place, and James A. Bass performing some kind of work then the whole situation becomes much more complicate
That would definitely make things interesting. Even if he does though provide all that, Rossi has a steep uphill climb just from the limited evidence so far provided by IH. From the evidence IH has provided, Rossi appears to have done some pretty slick things. Several of which individually would be grounds for getting his case tossed, while keeping IH's counter-suit intact.
That is not to say I would not welcome him having something legitimate to defend himself with, as that would suggest there may be something there. Doubtful though from what I see. Even were he to offer some reasonable explanation for his deceitful words, and actions leading up to the "GPT", there is almost no chance the 350 day test satisfied the contracts minimally acceptable COP of 4. Nor will it ever be deemed anything of scientific value.