So if Rossi were able to prove that he could get significant excess heat from the QuarkX it would be a game changer.
You are missing the point. It is too late. He would have to prove this before the trial, in time to upload the data to the case files. He would have to show that this is relevant to the contract and that he transferred the QuarkX IP to I.H. Rossi has not said he transferred this I.P. If he has not, it has nothing do to with the lawsuit and it would be dismissed.
It would be a game changer, but it would not change this particular game (the trial). Trials have to follow certain rules, and one of those rules is that you have to submit all evidence to the docket before the trial begins. You cannot introduce QuarkX test results out the blue after the trial begins.
In any case, I am confident that the QuarkX is a crude fraud. It does not exist at all. It is just a blurred photo of a blue LED. There are no test results from it, and there never will be.