The ECat license that belonged to Ampenergo Inc. was signed over to Industrial Heat in exchange for a promised of three payments to Rossi and Leonardo. The payments totaling $100.5 million were to be made in three installments. One of $1.5 million at the start of the agreement, a $10 million payment after the successful completion of an e-cat validation test. $89 million to be paid after a 350 day test Guaranteed Performance Test.
First of all, the agreement did not give Industrial Heat the intellectual property of A.Rossi and ECat technology. Instead it gave the company the right to commercialize the ECat technology in North America, Central America, South America, the Caribbean, China, Russia, Saudi Arabia and the United Arab Emirates. An ECat unit was shipped from Fererra, Italy to Raleigh, North Carolina for the Guaranteed Performance Test in August 2013. Industrial Heat paid Leonardo $1.5 million on October 26, 2012 but it failed to carry out the test; requiring the agreement to be rewritten. The guaranteed performance test was finally carried out in Miami, starting in February 19, 2015, at the facility of an unidentified company. Industrial Heat paid $1,000 a day to conduct the test.
The Guaranteed Performance Test was successfully completed on February 15, 2016. A. Rossi claims that "The ECat operated successfully for more than 350 days during the test. By all accounts, the amount of energy produced by the E-Cat Unit during the test was substantially greater than fifty (50) times the amount of energy consumed by the E-Cat Unit during the same period,” and these results were verified by Engineer Fabio Peron, who is described as the “expert responsible for validation” or ERV. Peron and two experts hired by Industrial Heat Barry West and Fulvio Fabiani monitored the test and helped operate the e-cat during the testing. On March 29, 2016, Rossi therefore demanded that Industrial Heat pay him $89 million to comply with the license agreement.
Industrial Heat is now claiming that ECat did not pass the tests so it is under obligation to pay the money. But for what the IH needs the intellectual property of A.Rossi, if it cannot / doesn't want to pay for license and this IP allegedly doesn't work? Such an IP would be useless for IH anyway. Industrial Heat was formed on October 24, 2012, without Rossi’s knowledge. Darden and Rossi signed the ECat license agreement on October 26, 2012, before most of us were aware of it. A. Rossi is alleging that Industrial Heat was set up with the express purpose of stealing and commercializing his technology. Darden and Vaughn intentionally misled Rossi with claims that Industrial Heat and Cherokee were the same company; when in reality they were separate organizations. The IH did pay for testing E-Cat unit and portion of money for independent one-year standing Guaranteed Performance Test of it. But Industrial Heat broke a license agreement when they refused to pay Leonardo Corporation $100 million for the rights to ECat, illegally copied Rossi’s technology, and has illegally obtained a patent for Rossi’s intellectual property.