303 is well written, and researched. It addresses each sides attempts to disallow, or limit the other's expert testimony. Both Smith and Murray passed muster, but Wong not so much. Here are Wong's 4 opinions the court considered:
(1) the coefficient of performance is a suitable criterion to gauge the
E-Cat’s performance;
(2) there are logical explanations for the inverse relationship between the
power input into a device and its coefficient of performance;
(3) it was possible for one
megawatt of heat energy to be expelled without rendering the Doral facility an unsafe working
environment; and
(4) it was possible to expel one megawatt of heat energy from the Doral
facility consistent with the Penon Report.
The court determined that Wong will not be allowed to testify on 1 and 2...which pretty much knocks out the Penon report. He is allowed however, to testify on 3&4...both concerning the upstairs heat exchanger. What a lucky guy! I bet he is wondering how the hell his reputation became hostage to a Rossisays. Would not want to be in his shoes.
It was very clear from my reading, that the author of 303 understood, that Wong's opinion being based on a Rossisays, makes 3 and 4 opinion borderline excludable. He concludes though by playing it safe, and deciding that a jury is best suited to judge whether Rossi is being truthful.
Rossi will be hammered on the stand about this. His story sounds just like...well, a story. No pics, no documentation, fathom day laborers, no one else noticed, windows intact, etc....hard to find 6 jurors who could believe him on this. His foreign accent, little guy (David) appearance, IH's big guy (Goliath) look, and Rossi's bringing his spittoon to the stand (he can not swallow), won't save him from the insincerity of his testimony.
Take out the HE, and the case is all but over. As 303 notes, even Wong admits that without it (HE), there was no 1MW.