Rossi vs. Darden developments [CASE CLOSED]

Quote from jimimo

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

Quote from sifferkoll

Right, of course anyone can have an opinion, but comparing an entrepreneur/inventor with a slippery banker/VC/lawyer kind of guy. Most would go for the first one. Dont you think. I agree that Rossi has been constantly terrorized on his past achievements, which are nowhere near as bad as a lot of people (incl you) are trying to make out. Hi did step on mafia toas for sure, and went bankrupt with some tax issues as a result. But thats about it.

Sifferkoll, it's hard to take you seriously. Rossi was 'constantly terrorized' on his 'past achievements'?

Which achievements did you have in mind? The pollution of a certain area in Italy with a waste to oil scheme that never worked and cost the Italian taxpayers money? The failed thermoelectric devices paid for by the US taxpayer, all for not? Maybe you're talking about the E-Cat sold to the military? Rossi's robotic factories? How about his PhD, that's certainly an academic achievement. There's the 11 E-Cats he claims he made on JONP. Later there are the three E-Cats he claims he made (I know, it's hard to keep all this straight). Rossi claims he has submitted his devices to 'certification labs', so even if he hasn't yet received certification, at least he should get credit for that effort (please let us know which certification labs he submitted to, as I haven't been able to identify that yet). Maybe your are talking about the 'Journal' he founded, JONP itself?

With all these 'achievements' it's hard to know where to begin discussing which of them he was 'constantly terrorized' about, and in what manner he was 'terrorized'. For all his efforts, Rossi has merely obtained several million dollars of Florida real estate. How does he endure such terror?

Care to clarify?

Long time reader first time poster. I`ve read all the documents, listened to all the aurguments, and have come to the conclusion that the whole lawsuit is nothing more than an augument over who ownes the IP. Ownership of the IP could be worth billions even if the E-CAT is found to be not what Rossi has said it is. I myself believe that rossi has something just not the COP he claims and IH knows this. IH has paid Rossi 11.5 million dollars for the IP and believe it is theirs to do what they want and down the road if a HYDROGEN/ NICKLE system is developed to commercial success, the owners of the system will have to go through the IP holder to maufacture said device. Remember Rossi holds the only H/NI pattern in the United States. The E-CAT, in the eyes of IH, never produced the claimed COP OF 4-6 AND therefore does not have to pay the remaining portion of the contract because basic claims were never met. Rossi on the other hand has now developed the QX which if as he claims, uses the same fuel. This would fall under the IP that belongs to IH, Thus making the QX, the property of IH. rossi knew as early as October of 2013 that he had failed to fufill his obligation to IH and that the 89 mil was now off the table. The problem with this is, IH never put it in writing and that is what Rossi is basing his lawsuit on to keep his IP and out of IH hands. Its all about greed and to be honest, know one is innocent in this drama, IMHO

Sigmoidal of ,

"Rossi, always the inventor"?

Inventor of what?

I struggle to find anything of value that he has ever invented? Of course I maybe incorrect here, so please advise me of any/all inventions that have provided value to someone.

Quote from Fm1

The E-CAT, in the eyes of IH, never produced the claimed COP OF 4-6 AND therefore does not have to pay the remaining portion of the contract because basic claims were never met.

That is not what they say. They say it never produced any excess heat. None at all. Therefore they do not have have to pay the remaining portion. They also say that anytime Rossi makes it produce any measurable, significant excess heat, they will pay him. Maybe not $89 million, but they will pay something.

Perhaps they are lying but they did not say what you claim. They said something else.

I agree the Lugano test did not produce excess heat, and neither did the 1-year test. I have no information on the tests at I.H. but I trust them way more than I trust Rossi. For that matter, Rossi has not uploaded any data showing that earlier tests at I.H. actually worked. His data from the 1-year test is proof that it was fraud. He destroyed his own case.

Jed I was just posting MY opinion on why the lawsuit was filed in the first place. I MYSELF believe that it is the IP ownership that is at the heart of the lawsuit, not if the E-CAT worked. I also don`t believe it worked but I also believe that there is a Rossi Effect but a cop more towards 1.5-1.9, not the infinity and beyond that He claims

Quote from sifferkoll

I suppose you wish I spend time on that again. But since you so clearly stated YOUR narrative, you probably already know the other side of the the story, don't you? BTW, when talking about pollution you conveniently forget the mafia connection ... etc etc

Sorry, I was asking you a question in response to your comment. You claimed that Rossi has been 'terrorized' for his 'achievements'. I'm asking how you think he was 'terrorized' and for what 'achievements'. That's not 'my side', it's 'your side'.

Again, care to clarify?

Quote from sigmoidal

It's important to 'watch the pea' in Rossi's shell game.

Is not Rossi who is making a shell game here.

Quote from JedRothwell

They say it never produced any excess heat.

Actually this is your partial interpretation of the documents.

There is already sufficient evidence that IH had working reactors. This should be sufficient for the IP transfer !

On my opinion is IH that would like to make the pea disappear and keep the money, without paying.

Quote from Fm1

Jed I was just posting MY opinion on why the lawsuit was filed in the first place. I MYSELF believe that it is the IP ownership that is at the heart of the lawsuit, not if the E-CAT worked. I also don`t believe it worked but I also believe that there is a Rossi Effect but a cop more towards 1.5-1.9, not the infinity and beyond that He claims

The point is that a reliable device with a few kW COP = 1.5 could be transformed using known industrial techniques into a device with COP = infinity. IH will have tech guys that tell them this. And therefore is they were getting this they would be sitting as you say on a gold mine and would be willing to pay $89M. We know there were set up to do this because of their private letters to investors, now not so private.

The obsession over COP in many places is not helpful. Where you are testing is there some new physics anomaly than you need the measurement to be above all possible noise and error. COP tells you nothing about that because high COP at low power levels, or for short times, will not be so. Where you are making an industrially useful energy production device you need relaibility, stability, and (for engineering convenience) COP of at least 1.3 or so. Given the input to these claimed LENR devices is nearly always heat (if you need electric or magnetic fields they can be added up to much larger amounts than possible in Rossi's reactors at a very low power budget with the correct coils and circuits) transforming COP is just a matter of the correct adaptive cooling and good insulation. The payback is so very large that a lot of effort can be put into this process.

So, your suggestion that IH are deliberately not paying when they have working devices does not make sense.

Quote from we_cat_global

I think IH will be involved for the longer term, and they want to make sure that AR no longer poses any threat to them.

But IH have no more the rights to use that technology. For sure they want it for free and they would like to destroy Rossi but I'm also quite sure that there are other more honest industries that will buy The ECAT technology.

Sifferkoll, I am a professional. I'm a professional researcher (in a different field). In my day job, I make observations, develop experimental proposals with specific aims, submit them for funding, get funding, execute the agreed upon plan to accomplish the specific aims, analyze the data, write up the results and submit them to peer reviewed journals. I also review other submissions from my peers. All of my income comes from grant-funded research. Since you have been away, you may have missed that I have explicitly stated that I have no financial relationship with anyone in the energy production field of any kind, and specifically not with IH, Rossi or anyone else.

I've seen other's comment about your connection to Hydro Fusion on various blogs. I have been following the Rossi saga for 9 years. Before I started the work I do now, I worked as an electrical engineer.

I have spent time contributing to this discussion, and I try to base the discussion on information, as I don't find 'food fights' particularly informative. Having informative discussions takes a lot of work.

I find your unfounded allegation that I'm being paid for this work insulting. I'll let the moderators decide if your insinuation is consistent with the goals of this blog.

sigmoidal, just give the word and sifferkoll is gone for good. Feel free to message me at any time. (For those who may be wondering about the harshness of this, sifferkoll has a history here.)

If this puts you in an awkward position, I'm also keeping close tabs on things and will take action myself if things cross over a (hard-to-predict) line.

Quote from Roseland67

Inventor of what?

I struggle to find anything of value that he has ever invented? Of course I maybe incorrect here, so please advise me of any/all inventions that have provided value to someone.

Well, I was leaving the answer to 'inventor of what' as an 'exercise to the reader'.

From this most recent saga, we know that Rossi invented a 'customer', he invented a connection of the 'customer' to Johnson Mathey, he invented a shipping container device on the 'customer' side for 'cooking platinum sponge'...

In previous years Rossi claims to have invented a thermoelectric device with 10X the efficiency of any known thermoelectric device and sold this 'invention' to the US military. Unfortunately, his 'factory' burned down, though, and rather than redevelop this amazing technology or make good on his contract, he decided to move on.

I could go on, but as I say, I had left that as an exercise for the reader.

Quote from Alan Fletcher

228-02 : Filed by IH -- Declaration by Uzi Shaya (the israeli connection) ... that he never threatened Levi, but offered him work

This is simply ridiculous ! Why they needed to contact IH (even with a hidden mean) to contact Levi ? Levi contact are public.

And also.... Israel is full of brilliant minds (the real Silicon Valley is there) why IH had to suggest Levi after they spent more then two years sayin that Levi is incompetent !

If Levi is so competent, so unique and so brilliant then the Lugano test is valid.

The only reasonable motivation for IH to send this Uzi to contact Levi is that they ware attempting to obtain some declaration against Lugano, eventually bribing him.