Rossi vs. Darden developments [CASE CLOSED]

  • It was 80 cents a listing, which I have brought down to about 30 cents by omitting the descriptions. The documents themselves are something like 10 cents a page. I give freely of my cents so that we can get to the bottom of this increasingly less mysterious mystery.

  • And what side do you represent when you say "increasingly less mysterious mystery"?


    Just my opinion of course, but I don't think Rossi has any kind of case at all. My take from what can be gleaned from the evidence that has been submitted for the lawsuit is that Rossi found himself in a tight spot and tried to foist this whole business on IH through some combination of desperation, spite and/or self-delusion.

  • IH has a document, written by Rossi, that says the test was for a sale of heat. What does Rossi have?.... nothing presented yet. What is there to argue?


    I don't get the idea that somehow a sale of heat takes it outside of the domain of a GPT. The ERV was making quarterly reports. IH was making visits and approving of it along the way. A final report was generated by the ERV. I kind of doubt that the judge/jury will go along with this notion that it wasn't the GPT. But it definitely isn't a slam dunk--for either side.

  • If you were told that something was just a test of power supplied to a customer of your licensed technology and were given reports as such, why would you have reason to complain? You would only complain when you were told later that you consider it something else.



    I don't know why "IH says" must be more credible than "Rossi says".....I really find absurd what IH says about the Doral test, I don't believe they didn't consider that the test was the GPT from the very first moment.
    There was an agreement between Rossi and IH: according to that agreement there should have been a GPT, so we can surely say that IH was waiting for that kind of test.
    Then Rossi propose and sets up a test. Now, there are two cases: either Rossi started the test saying it was NOT the GPT, but eventually changed his mind, or IH has never asked Rossi if the current one was the GPT.
    The first case may not have occurred: otherwise IH would certainly have said this thing in the counter-suit. The second case, however, seems to me much more likely, and suggests that immediately IH wanted to take advantage of the test only to raise money but they did not ever want to pay (and in fact they finally said "this is not the planned test").

  • If you were told that something was just a test of power supplied to a customer of your licensed technology and were given reports as such, why would you have reason to complain? You would only complain when you were told later that you consider it something else.


    I don't know why "IH says" must be more credible than "Rossi says".....I really find absurd what IH says about the Doral test, I don't believe they didn't consider that the test was the GPT from the very first moment.
    There was an agreement between Rossi and IH: according to that agreement there should have been a GPT, so we can surely say that IH was waiting for that kind of test.
    Then Rossi propose and sets up a test. Now, there are two cases: either Rossi started the test saying it was NOT the GPT, but eventually changed his mind, or IH has never asked Rossi if the current one was the GPT.
    The first case may not have occurred: otherwise IH would certainly have said this thing in the counter-suit. The second case, however, seems to me much more likely, and suggests that immediately IH wanted to take advantage of the test only to raise money but they did not ever want to pay (and in fact they finally said "this is not the planned test").

  • No I don't think that at all. If you sell the exclusive rights then the recipient of those rights can dispose of them as they wish and you have no further right to interfere. You cannot tranfer exclusive IP rights, accept payment, and also maintain undiclosed secrets.


    Rossi admitted to the court that he gave IH all his secrets in June 2013, after they paid him the $10 million. From that point on, Rossi had no more secrets to protect...Right? Making his excuse for denying Murray access "to protect his secrets" pretty lame.



    As far as I know, IH were granted certain territorial rights in a license, as IH Fanboys has clarified.
    During the test in Doral, Rossi still kept the exclusive license for the other part of the world, so he had all the reasons and the right to protect his secrets from the eyes of a visitor who was a stranger for him (and Murray was a stranger!).

  • What is interesting here is that there is no attempt to deny that JMP had no use for the energy supplied and consequently they will need to explain why they paid for it if not as part of a conspiracy to defraud.



    Who paid who? IH says they never received money for their invoices.....

  • Document 90 is a very detailed and in-depth worded listing of IH failures to show any evidence of their claims. To counter this, they (IH) will have to spend some additional 100k $ or simple declare bankruptcy...




    Most of the people here say that IH have showed "so many evidences"......but where are those evidences? I have seen a lot of accusations, nothing more.
    Did they prove that:"JMP, Leonardo, Rossi, Johnson, Fabiani and Bass knew that there was no secretive manufacturingprocess taking place and JMP had no real use for the steam power."
    "Leonardo, Rossi, JMP, Johnson, USQL, Fabiani, and Bass also restricted access to the JMP area at the Doral location, claiming that there was a secretive manufacturing process being conducted there, when in fact it was simply recycling steam from the Plant and sending it back to the Plant as water.""
    (Defendants engaged in the unconscionable, unfair, and deceptive acts and practices described above, including:)Manipulating the operation of the Plant and the measurements of the Plant’s operations to create the false impression and appearance that it was producing a COP far in excess of the COP it was in fact achieving.
    "Nothing more than "IH says", accusations without a shred of evidence.Moreover, when they say "Fabiani, USQL and Penon also played critical roles in the scheme to hide the fact that the Plant does not perform up to the standards set forth in the License Agreement" aren't they saying that the test was the one considered in the License Agreement? Isn't it the GPT?

  • SSC I can agree with you that neither side presented much evidence. But have you actually read the mail from Rossi about the installation in Doral? It doesn't seem like you have read it when you argument as you do.

  • but they did not ever want to pay (and in fact they finally said "this is not the planned test").


    You seem to think that calling the 1 year test a sale for heat or GPT is trivial. That it did not really matter if signed agreements, with explicit protocol, rules, goals to be met etc. etc. where not in place, signed to or completely agreed upon. That the test started as a sale of heat and then changed into the GPT. "Oh ok, that is fine. It is running so we will call this the GPT".


    Please remember that a very large business event was hinged on the GPT. The payment of $89 million dollars. Now I am SURE, that if it was your $89 million that you were going to pay out based upon a test, that you would hap-hazzardly say "ok, we do not have strict protocol, we do not have independent control, our guy has been locked out, the whole facility has been setup under false pretense (no real customer) and so on, SURE I will go along and pay the $89 million dollars just on Rossi says!" That argument is surely realistic and logical! ?(


    No, I think not. IH would not conduct the GPT with $89 million riding on it unless it was very clearly defined, structured and controlled. All of which the Doral facility was not.
    And again.... Rossi presented in writing that this was a sale of heat and made no mention of the GPT in the proposal. Why people hang onto false hopes?

  • IH says they never received money for their invoices.....


    There were no invoices. I.H. did not issue any invoices. There was a request for invoice from Rossi's lawyer's pretend company in the legal papers. It was for a company associated with a pretend British company "Johnson Matthew" (not Matthey). Both are crude fakes.

  • Quote

    I don't know why "IH says" must be more credible than "Rossi says".....


    To take just the most recent of the many obvious reasons: IH have never boasted in an e-mail that they have lied to a prospective business partner and faked a test to get out of it, calling this behaviour "a magnificence".


    Quote


    I really find absurd what IH says about the Doral test, I don't believe they didn't consider that the test was the GPT from the very first moment.


    I think you are confused. There is no doubt that Rossi wanted the test to be considered the GPT - though in the written evidence to get it started he certainly made clear that it was something quite different (a PR stunt with a "real" customer). I'm sure IH were well aware that Rossi would represent this test as a GPT to try to get his money. That does not mean they thought it was the GPT and they seem to have been quite careful to ensure that it was not.


    Whatever else you think, it is clear that the calorimetry (all under Rossi's control) would not be proper for any test of performance with $89M riding on the result. Regardless of what any contract said. There are rules about fairness etc and obeying the spirit of the agreement, which in this case was clearly meant to be a safe way to establish that Rossi's stuff worked, and equally clearly was not safe.


    Of course that is the moral case. The legal case is simpler - this was not the GPT.

  • Per document 93:


    "Third-Party Defendant, J.M. Products, Inc., hereby certifies that there is no parent corporation of J.M. Products, Inc."



    Confirmed that Johnson's letter to IH asserting there was a british parent company was a lie, straight from the mouth of JM. What a clear admission of all of this being an attempt at manipulation and fraud.


    How can Rossi & Johnson possibly get out of this now?

    • Official Post

    In document 91 IH's lawyers say:

    Quote

    Industrial Heat has since produced over 3 terabytes of testing data and related materials (including documents, data, videos and photographs) and over 100,000 additional pages of documents. (In comparison, Rossi has not produced any documents, though he has produced some photographs and videos.)


    With the admission in Document 93 by JMP that they have no parent company in the UK, thereby no product and no need for the steam, I would say this all but over. This was a sting operation. Rossi/Johnson/Penon are scoundrels and I hope they lose everything. Good chance that Fabiani, and Bass are also.


    How could Rossi possibly have thought he could get away with this?


  • It really is a puzzle to me why Johnson got himself involved in this mess. Of course AR promised him a huge chunk of money if he could get his hands on the $89MM. But Johnson had to know that winning a settlement like that was always going to be a real long shot. Johnson seems to have an established legal practice going, and to state a lies like this carries heavy penalties for an attorney. It could ruin everything for him. If this all goes the way of fraud I think Penon and Fabiani can probably lay low and keep their hands on the cash they got to be a part of this. But for Johnson, it will not be that easy.

  • Quote from Hermes: “No I don't think that at all. If you sell the exclusive rights then the recipient of those rights can dispose of them as they wish and you have no further right to interfere. You cannot tranfer exclusive IP rights, accept payment,…


    Yes he had the right to things he invented outside of using IH's materials, equipment and what ever else was in IH's shipping container. However, anything that he developed using materials and equipment of IH was not unquestionably his.


    If he wanted to continue research and inventing and still retain the right to it, then he should have done it outside the shipping container.
    He would be within his rights to exclude Joe from other areas but not from IH's property.

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