Eric,
Rossi probably withheld the Quark X from IH, so on that possibility I agree with you. The question will boil down to who breached first. If Rossi can show that IH did, then he would be justified in withholding any future performance of his own.
and remember that Rossi filed before the payment was due. That will likely come back to haunt him. (time from "ERV report submission to IH)
(1) It's not possible to develop a commercial plan if the technology hasn't been transferred. (2) It's a question of US law as to whether there's an obligation to develop a technology in order to retain your license to it; my own assumption would have been that there is no such obligation, but I could be wrong.
As an inventor with issued patents, I know that you are advised to have an anti-shelving clause in you assignments. Especially if they are exclusive assignments. There were non in Rossi's IP transfer. I think he was trying to do his own legal stuff. As they say, anyone who is his own lawyer has a fool for a client.
see: anti-shelving clause assignments https://definitions.uslegal.com/a/antishelving-clause/
I think that the dry technical stuff has bearing mostly on the counter suits.
My guess is that it will be fairly easy to have the jury count to 3. Where there 3 in agreement that it was the GPT and 3 in agreement that Penon was an acceptable independent ERV?
Example: It is relatively easy to show to get an operation these days it takes you, your doctor, and the insurance company before you can get an elective operation. I treat this GPT agreement like that. Yes you and your doctor can agree to a procedure but until it is signed off on by all three you will be waiting. Without that doctors signature you will not get it, without the insurance agency agreeing, you will not get it.
Even if they "do the operation", if your primary care doctor did not sign the paperwork, just try to get the money from the insurance agency. Doesn't matter if the operation was a success or if it was done properly.
The agreement was not signed. Two of the three parties to the agreement did not agree to it in writing nor accept it while it was going on nor approve of Penon.
I think that a jury can understand the agreement called for a signing by all three.
Maybe you are right, but Darden will have to explain his email to Ampenergo where he seems to attempt to influence their decision whether to sign.
Why should he explain?
Rossi does not explain his attempts to get IH to accept a customer.
It seems that Ampenergo did not agree to the GPT.
If that is true then the events in Fl were not the GPT.
Rossi did not have a separate agreement with just IH for the GPT.
Furthermore it seems that IH nor Ampenergo did not accept Penon, and
Rossi didn't even go on record as accepting Penon even when asked.
just looking at the deposition for Ampenergo by Cassarino (see Abd) and noticing where it says:
Q. And on June 26, did Mr. Vaughan tell you that
20 Industrial Heat never agreed that Penon could do
21 the audit?
22 A. That’s what it says in the notes.
23 Q. If you turn the page, did Mr. Vaughan tell you
1 that a “real” — underscore — “real” audit must
2 be done?
3 A. I guess he did.
My question is : does estoppel work both ways? If they were told that Penon was not agreed on, couldn't IH continue to assume that until Rossi stopped them from assuming that? They never signed anything saying that they and AEG approved Penon. My understanding is that all 3 parties had to approve the ERV.
Seems fair to me.
The requirement of all 3 needing to approve the GPT will likely become very important. If you assume estoppel, then you need to show it by all 3.
I'll play, a little. Count 1 summary judgment will be allowed on some legal technical issure. Not sure which one but: standing of Leonardo, failure to get signatures to start GPT, failure to get all 3 parties to agree, failure to get a agreement by all 3 that the 1MW in Fl could be used instead of the 6 cylinder, failure to give access to IH as agreed to, ... something like that.
summary about II will be granted for lack of proof that investors gave IH money solely on the merits (?) of Rossi's work and not on other items or lack of proof that IH did not full disclose conditions to the investors.
MSJ for IV will be approved for lack of evidence that IH used any of the technology much less used it inappropriately.
not sure about the last one but would not doubt it will be dismissed since IH showed they could acquire the money if a valid GPT was conducted.
In short, I think that Rossi has little chance of getting any $$ out of this. (even if it goes to jury. I seriously doubt that all 6 jurors will agree that IH is guilty.
Most of the counter suit will still be in play and go to jury unless there is an out of court settlement by Rossi to drop things.
IH Visa
thanks, But then again Rossi is not working for IH, so does he have an valid Visa?
What kind of Visa does Rossi have.
I would think that his work visa is expired.
And is it true that there are still warrants from him in Italy?
And why don't we hear him calling a witness from that factory in Italy that he claimed in 2011 to have be heating the factory for 2 years? (according to his blog)
Now one Wabbit Rossi could use would be to have one working ecat in the independent hands of a national lab. But then again, I don't think any national lab would laugh if he offered one. After all he threw out NASA from his demo.
That Woodford values their IH investment about the same as before is quite fascinating.
Yes, that is what I would expect since they valued the other research the real benefit of IH after Paul and Henery visited all those researchers and by then already discounting any value that Rossi could give.
Display MoreIH was unhappy because they knew if the fuel could be made by a dilletante like Darden, then the receipt is fake. Here the complaint:
247-01
Glad to see you start reasearch!
@OG: ... They signed a contract with a non competition clause ... Thus you are right: It's only a breach of contract!
WB "They signed a contract with a non competition clause ... Thus you are right: It's only a breach of contract!"
What? You mean Rossi signed a non compete and IH had gained all the rights to use and develop the Tech within this hemisphere when they paid him. How is there deliver of a device to Boeing in the US a breach of contract???
I wonder why they have not gone down to Doral, and opened one of those E cats to see what exactly is in them. Rossi did claim to sale them a working device and so what ever is in there is assumed to be required to make it work and thus owned by IH...... right????
Not telling is not the same a lie. Why would anyone think that IH had any responsibility to tell Rossi that the device was sent to Boeing or that people in another state were trying to get Ni powders to work,. or.....
Display MoreSo if Rossi loses he gets nothing.
If Rossi wins he gets a lot of not much, along with his huge legal bills.
Plus no rational investor will ever touch him again.
Has he really thought this through do you think?
Yes, that is the way it looks for me.
Even if there were some IH assets to attach now, I doubt there would be any after a few years of appeals which IH would surely do.
The attack on a large on going business with a revenue line is one thing, but an attack on a start up company which only gets money if investors want to put it in and take their risks is another. It would be so easy for IH to just declare bankruptcy and walk away. They have no stores, only a mostly empty warehouse and almost no employees to support, .... why would R think that IH would just give money (that they would ask for investors to give them) to him instead of walking away?
My guess is he thought his old tactics would work here and Darden would hand him "go away money".
Again the only win I can possibly see for him is to drop the suit and walk away with what money he has in his pockets. Only the lawyers will have his money after appeals even if he were to win. But if I had to make a prediction, it would be IH will not be held guilty and that Rossi and his will have to worry about the counter suit. And I would not doubt that Fabiani will try to do a deal with IH in evidence against R. I don't think he still has warm regards for Rossi after Rossi threw his computer and personal stuff out into the parking lot.
Display MoreYou have mistakenly posted in the wrong thread.
This belongs in the "Woodford vs Darden Developments" thread.
(you know, the one that will be started when Woodford sues IH
for their 50 million back, alleging IH of fraudulent inducement.)
Unless you think Woodford is too stupid to get their easy win money back.
Pete
You may want to check your info. I think (this applies to all that follows-not sure though) that Woodford's money is not in IH accounts,.... it is "parked" in the UK. It has only been released in parts to IH for some of the other IH researchers and projects. If IH declares bankruptcy due to a bad verdict (doubtful at this time) then there will be very few IH assets to attach.
Display More
Wrong.
This will also work when one sees David as a bad person, yet as a very creative, charismatic, hardworking, sick but persevering and "fighting for the good cause" Italian Inventor, that is at least a few nudges better than the obviously bad, slimy, hypocrite Goliath that plays legal games to ultimately seize the as many LENR IP as he can.
There is a chance that his trial will be decided by what is not present in the documents, but one senses by being involved. If the jury does not find the proof found in the documents against Rossi damning enough, they will like him better than IH. The more they like him, the more they recognize the sliminess of IH, the more "damning proof" they will be prepared to swallow. Just like on this forum.
If the composition of the jury is similar to the group of posters on this forum IH is in my opinion in for a tough fight.
Cheers,
JB
I don't know how well resting on "liking" Rossi to support his attack on IH. I know that I have working in/with/among LENR people for a long time and my immediate reaction to Rossi was to check and make sure my wallet was safe. He gave me the creeps and his science was laughable. However, that is a view from a science guy and not a just a guy off the street. I know that poor me, I'm the victim is a current trend in society but I am not sure it will work 100% to his advantage. Remember it only takes one on the jury to mistrust a convicted guy with a toupee.
If the jury is like the group here, then it will be an easy win for IH (just look how divided the posts are) since it must be unanimous verdict to convict in the Fed court. Rossi made a mistake going to a Fed court instead of a state court if he is trusting his "smooth poor me, I am not sure of the English" to win for him.
And remember the verdict must be unanimous in the Fed court. Just one sane one who is not taken in by Rossi says.
Aren't we all.
No -I am normal- at least that is what my director told me,.... oh wait that was me too.
Dewey are you out there?
I am trying to remember with all this wanting to buying Pt talk- didn't Rossi have some kind of similar gold thing in Italy?
What were the gold trafficking charges against Rossi? Was he selling the gold from the miracle "oil processing" process or something like that.
It seems like leaving the country with a few Kg of Pt would be hard to trace.
Here is the one email we have: http://coldfusioncommunity.net…01/0207.44_Exhibit_44.pdf
Looks like an order was placed to me. Now, whether payment was actually made for the order remains unanswered. But Rossi was in communication with Johnson Matthey at least regarding an order of platinum sponge. We don't know the extent of all of the communications at this point.
Sure doesn't look like a order to me. It is a request for a pro forma invoice. That is he is asking Johnson Matthey to send a statement that they could supply the material and what would be its price for delivery to Fl. Looks very far from an order. It is like me asking if Rolls Royce could deliver me a dozen Silver Ghosts to Dallas Texas and what would it cost and could they go through customs.
Ask for costs and delivery costs all you want, its not an order. And I see absolutely nothing about asking them to buy steam for some existing factory in Florida. In fact from the customs question it seems obvious that it was NOT about a working Matthey factory in Florida.
You are strange.
