Why should the judge not declare estoppel?
Because of the Term Sheet and the emails that Rossi sent to IH regarding the (fraudulently represented) 'customer'.
In Rossi's emails, Rossi proposes a 'sale of power' from the 1 MW unit (which IH bought and owns) as a rental agreement. Rossi's proposal includes a description of the roles that Penon and Fabiani will play.
This has been IH's story from the beginning of the case, and the evidence from their side continues to be consistent with this story.
The Judge would not likely apply estoppel given the signed Term Sheet, the context of that agreement from Rossi's emails, and the lack of any signed GPT.
Rossi claims that the story is that IH never intended on paying. But Vaughn's communications with investors and timeline and Darden's testimony show that they very much had planned to pay the full amount, and were anticipating the need for additional capital in order to move the business forward. This contradicts Rossi's story.
And of course, all of this depended on an E-Cat producing power, which according to IH, never happened. And Rossi himself seems to have 'moved on' from 1MW E-Cats to even better things, like the Quark X, even though the demonstration of real excess power by the 1 MW E-Cat (right now, today) would be his best, fastest ticket to winning the case and receiving 89 Million TIMES 3 for triple damages = $267 Million, plus court fees plus enormous revenue from sales world-wide (excluding IH's territory which they purchased) AND a real shot at the Nobel Prize.
Always the inventor, that Rossi! More and more people are getting a sense of the nature and quality of what Rossi invents