Looks like David French had this right from the beginning. He said 80% of these things settle before court. They cut this one a little closer by settling inside the court though! I would assume the private agreement frees Rossi to proceed either independently, or still contractually connected in some way with IH. We will probably never know the exact settlement details (hope they did not pay Rossi off), but there should be indications later on in the patent arena, that may indicate whether IH kept the IP, or not. Same goes for the North American Ecat Licence.

At the least, I think the remaining loyalists have been handed a win here. There is enough (barely IMO) smoke in the documents for them to continue on believing Rossi has what he says. This buys them more time to hope...something Rossi is good at selling.

As for Rossi...I see nothing stopping him now from proving what he has. He has used IH, and the litigation, as an excuse to delay his plans, and now with that obstacle gone, if he has something, we should see it happen very quickly. I am not holding my breath, but will enjoy reading his JONP to see what he does; whether that be his usual BS, or something concrete for once.

Ele,

I hope you do not read Doc. 326, Cassarino depo, pg 222.

Quote from Dewey Weaver

There have already been a lot of fireworks today and looking forward to some fun tonight.

You talking about here, or in Miami?

ZOE,

We sure do...celebrating freedom from Alan Smith's (England's) tyranny! Fireworks start after dark.

I finished the rest of the Cassarino depo (326). He was Rossi's first investor, and formed Ampenergo (AEG) to deal with Rossi. No change in my opinion from an earlier post I made after reading half.

One new interesting thing I read did fill in another piece of the early Rossi years. Pg 224-227 talks about the DOD TE contract, The contract was with a joint company (Leonardo Technologies). Cassarino confirms that there was a "small scale" proof of concept test done at the University of New Hampshire. However, when they scaled it up, due "thermal expansion", it no longer worked. There were actually 3 DOD contracts, and Rossi was not involved with one.

Sounds like Rossi was just part of a team to me, and the effort was legit? Anyways, thought I would put this out for MY to read.

Quote from SSC

So according to you if Rossi believes that he is a victim of a scam attempt, he should forget about it because he knows he has a revolutionary technology in his hands? Don't you think that it would be normal for him to try and get back his IP or the money he deserves? Your reasoning doesn't seem so logical.....

SSC,

Well, according to you, Rossi is a victim of a scam! So, of course, he did what anyone would do that is being scammed...set up a fake company, rigged a test with the help of long time friends, destroyed equipment, data, and emails to cover his tracks, and tried to collect $89 million from the one scamming him -IH.

Adrian,

Rossi's expert Dr. Wong visited Doral. He concluded that without a mezzazine HE, the first person to die would be in the control room (air conditioned container next to 1MW plant). Wong did not see the HE...because Rossi supposedly dismantled it, and instead went only by what Rossisaid. He did however, study what was there and found the building as it was during his visit, lacked sufficient ventilation to exhaust 1MW.

So no matter E48's opinion, all that matters now is Wong's. In other words, Rossi better prove it (HE) existed, or his goose is cooked.

Not that it matters; in the one door picture taken from inside the mezzazine, 48 points to a clean floor on the lower left side (right side when viewed from warehouse), where he speculated the piping entered. However, if you read Doc. 326, (Rossi depo -scroll about halfway down, pgs 130-135) Rossi describes the pipe entering on the left side of that door when viewed from the warehouse.

Quote from Dewey Weaver

Shane D - Defending Siffe' and Kev in the same cycle I see- they don't need your help but surely must appreciate your compassion.

Kevmo is stringing everyone along with fodderchumbaiting - he made his own case against himself and just lost his own argument (with himself nonetheless - you don't see that very often on Planet Rossi). Fits a typical pattern though which makes it not boring.

I only had a problem with your comment about the moderators. They seem to be doing a very good job lately.

Quote from Dewey Weaver

A very weak performance on behalf of the LF moderators as well.

Dewey,

Can you turn it off sometimes? The rest of your post I did not copy, as it was true to the issues, and rational. But the moderators you criticize in my copy, have adjusted very nicely to the constraints, and challenges they face.

Quote from [email protected]

I stopped looking for links and references once someone acknowledged they had seen Rossi's claim.

So you put us through all this, because of that?

Who BTW has: "seen Rossi's claim"? And what may I ask was his claim? And who is this "someone"?

• During summer 2015, IH offered Rossi to back out from the test and cancel it, with a significant sum of money as compensation. Rossi’s counter offer was to give back the already paid 11.5M and cancel the license agreement, but IH didn’t accept.

Kev,

This is my reference. Do you have something different? I am not sure we are on the same page. Some links may help.

Quote from [email protected]

It would sure make Rossi look like an incredible liar, wouldn't it? So why aren't IH's lawyers all over this like white on rice?

There are so many lies Kev, the better question would be why "IH's lawyers" would concentrate on this relatively minor one? At this point, probably one of IH's biggest challenges is to prove enough of the Rossi/Fabiani/Penon lies to win the case, without appearing to pile on and trigger the sympathies of the jury.

I kind of feel sorry for JD's head lawyer Pace. The evidence is so in his favor, this is his to lose. Only thing between him and success, is a fickle jury, or a poor performance. Annesser on the other hand, can walk away after a loss with a pile of money, and bragging rights that he took this further than it should have gone.

Kevmo,

Maybe I have it wrong, but the first we read of a buyback offer, was not on the JONP, but from the Mats Lewan's article I posted upthread. That came out May 16 2016 on his "ANIMPOSSIBLEINVENTION" website. If you read that article, Rossi was about to start a production facility in Sweden with the help of Sifferkoll...er, I mean Hydrofusion. That never happened, and in fact Rossi admitted in a depo that there are no factories -none planned, no customers, never has been, and none in waiting. There are other falsehoods in that Lewan article that only came to light as the story unfolded. In that context, can we believe the one part about an offer?

I do believe Rossi may have commented about that article, and offer, later on in response to a question on his JONP/blog. Not sure about that though. The JONP is hard to search too far back. Anyways...hope that background helps you a bit. Still scratching my head though. Having a drink...maybe that will help.

Quote from oldguy

Illegal alien comment - is that racist? Who said anything about illegal aliens?

As long as he did not say "Italian" illegal alien, it's OK.

Quote from [email protected]

You, like so many others, are not getting it. It is in IH's interest to get this supposed offer onto the docket where it can be made "real". If it's for a refund of only $1 then the judge can throw Rossi's case under the bus in a hundred ways. If it is for a real refund of the whole amount and IH declines, the judge can make IH's life difficult as well.

That makes this a pivotal issue in this trial. Whether or not Rossi used illegal aliens to install his supposed heat exchanger is not a pivotal issue.

Kevmo,

Not sure I am following your logic regarding the alleged offer. When it was first reported in the Mats Lewan article from last May 16 2016 I posted above, Dewey responded by posting that he had just talked with Darden, and Darden told him it was untrue. Of course, Dewey said it more colorfully. After going on the record denying the offer, it would not be too cool to say otherwise this late in the game. Anyways I just can not see why this is a big deal to you.

And I really disagree with your comment "his supposed HE is not a pivotal issue". Could not be further from the truth. Of all, I see it as the most pivotal of all. They have Rossi every which way but Sunday on that one issue alone. He will have to be carried off the stand after JD is done with him.

Rossi makes offer on Swedish factory building – plus more updates

May 16, 2016UncategorizedE-Cat, energy, IH, Lawsuit, LENR

Last week, Andrea Rossi made a visit to Sweden, and apart from meeting with the team of professors in Uppsala, with me and other persons, he made a trip from Stockholm to the south of Sweden to have look at a 10,000 square meter factory building for sale. The day after, assisted by his Northern Europe partner and licensee Hydrofusion, Rossi made an offer on the building in the order of USD 3 to 5 million. Negotiations are now ongoing.

Obviously, making an offer is not the same as buying, but Rossi made it clear to me that he intended to buy the factory building, aiming at starting manufacturing of the third generation E-Cat reactor, called the Quark X, hopefully this year, otherwise in 2017, with an estimated production volume of 500,000 items a year, using a robot line provided by ABB.

Rossi said he had no other funding than the 11.5M he already received from his licensee Industrial Heat, according to their license agreement, which is now subject to a lawsuit. He said that he estimated the costs for the lawsuit to amount to 1M.

Even buying a factory building is no proof that production will start. Critics, accusing Rossi for being a fraudster, will assume that it could be a way to attract investors, but I honestly wouldn’t expect a fraudster to make use of such expensive schemes. Especially not since it would be quite fine just getting away with 11.5M without further trouble.

I would take this as a strong indication that the modular Quark X, supposedly big as a pen, producing heat, light and direct electricity at variable proportions at a total power of about 100W, based on the E-Cat LENR technology with hydrogen, lithium, aluminium and nickel in the fuel, is real. Rossi, however, said that there’s still R&D to be done to get the Quark X ready for production. He also said that the ‘X’ had no other meaning than being a substitute for a final name.

After my meeting with Rossi (first time for me since September 2012), I have a few other updates.

Claiming that everything he said could be proven with documents (or that he otherwise would be lying), Rossi told me regarding the one-year 1MW test that:

• All the instruments for measurements were installed, under observation of IH and Rossi, by the ERV (Expert Responsible for Validation) Fabio Penon, who had been communicating also with Darden, receiving technical suggestions from him on this matter. All communications with the ERV were made with both Darden and Rossi in copy.
• The flow meter was mounted according to all standard requirements, for example at the lowest point in the system.
• The MW plant was placed on blocks, 33 cm above the ground, to make sure that leaking water or any hidden connections would become visible.
• The two IH representatives present at the test were Barry West and Fulvio Fabiani (who worked for Rossi from January 2012 until August 2013, when the MW plant was delivered to IH in North Carolina, after which he was paid by IH as an expert who would make the technology transition from Rossi to IH easier). West and Fabiani reported to JT Vaughn every day on the phone.
• Three interim reports, about every three months, with basically the same results as in the final report, were provided by the ERV during the test.
• During summer 2015, IH offered Rossi to back out from the test and cancel it, with a significant sum of money as compensation. Rossi’s counter offer was to give back the already paid 11.5M and cancel the license agreement, but IH didn’t accept.
• The unidentified customer (‘JM Products’) using the thermal energy from the MW plant, had its equipment at the official address—7861, 46th Street, Doral, Fl. The total surface of the premises was 1,000 square meters, of which the MW plant used 400 and the customer 600.
• The equipment of the customer measured 20 x 3 x 3 meters, and the process was running 24/7.
• The thermal energy was transfered to the customer with heat exchangers and the heat that was not consumed was vented out as hot air through the roof.

Quote from woodworker

My thoughts related to Johnson's testimony. Does he get on the stand and say he lied (which exposes him to professional jeopardy), say he didn't lie but based his statements on Rossi's assurances (throws Rossi under the bus), pleads the 5th (plays badly with jury) or asserts that someone told him but that statement is privileged (plays badly with jury). I don't see any good responses for him.

WW,

Well, Johnson is a "3rd Party" counter-defendant now, along with Fabiani and Bass. He has his own lawyer (Barra), so things are pretty complicated. That said, he is arguing in his defense that what he put in writing about JMP (UK formed, affiliated with JM, not associated in any way with he or Rossi), was superseded by the "Term Sheet" -as it was written later. The Term Sheet described the "chemical" company generically, and never mentioned JMP.

Quote from woodworker

Also, on another issue: does anyone immediately recall what lawyer told IH that Rossi had no involvement in the fake company (a/k/a JM). That lawyer may have issues with his state bar.

That was Henry Johnson. He put it in writing too. Johnson has been Rossi's personal lawyer since he set up shop in Miami I believe. He also I think, did Fabiani's "USQL" incorporation, or was that Annesser? . Anyways, Johnson was also "director" of JMP. Not too impressive a guy judging by his depo.

And yes, Dewey at one point mentioned Johson's professional jeopardy.

Quote from Dewey Weaver

I may have missed it in all the blather but did Siffer disclose that he is attached to a financial interest in Hydrofusion?

Dewey,

He said something along those lines, but clammed up when questioned. It's on here somewhere. I think right at the end of his first, or second banning. About that time, he also met with Rossi, when Rossi went to Sweden to shore up the profs support against TD. That is probably when he slipped them the fuel ash from Doral.

Of course, Siffer could just tell us his involvement...

BTW Siffer. You've only been here a few hours, and I can already feel you are about ready to blow your top. This time, why don't you try and control yourself so you can stay longer?

Can we not run scare Siffer off this time please. He is kind of fun to have around.

Considering his connection to Hydrofusion, and relationship with Rossi, maybe we can give him the same insider status as Dewey/Jed, and give him more leeway than the rest of us?