LENR Is Real

Point out news stories, on the net or in mainstream media, related to polywell fusion.

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ladajo
Posts: 6258
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Location: North East Coast

Re: LENR Is Real

Post by ladajo »

IH has answered Rossiclown's complaint, and in simple terms, demolished him. It is literally bitch slap after bitch slap.
This is what happens when you are an idiot (Rossiclown), and hire an idiot lawyer to support baseless claims against someone who has resources, sanity, and intelligence to respond (IH & Jones Day).

http://newenergytimes.com/v2/sr/RossiEC ... ismiss.pdf

My favorite is from page 14, where IH crushes Rossiclown's Count VI Fraud claim. I strongly suspect the language used will be seen again in a counter-suit where IH goes after Rossiclown. In addition, the language used in Count VII seems like it will also be used in the counter-suit.

Things do not look good for Rossiclown and his Rossibots.
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)

krenshala
Posts: 914
Joined: Wed Jul 16, 2008 4:20 pm
Location: Austin, TX, NorAm, Sol III

Re: LENR Is Real

Post by krenshala »

I haven't even gotten to the text yet, but I love the fact that 3 1/2 pages are a list of references backing up their motion.

edit: Almost through the doc, and found my favorite sentence yet:
To the extent that this claim is based upon Defendants’ alleged disclosure of the E-Cat IP, as stated previously ad nauseam, Defendants were not obligated under the License Agreement to refrain from disclosing the E-Cat IP and the Complaint fails to identify any provision in the License Agreement to the contrary.

parallel
Posts: 1131
Joined: Wed Aug 27, 2008 8:24 pm
Location: Philadelphia, PA

Re: LENR Is Real

Post by parallel »

Leonardo Corporation Issues Press Release Announcing Termination of Industrial Heat License
http://www.e-catworld.com/2016/05/28/hp ... facturing/

ladajo
Posts: 6258
Joined: Thu Sep 17, 2009 11:18 pm
Location: North East Coast

Re: LENR Is Real

Post by ladajo »

Pointless Parallel. Under what authority can he? Rossiclown took the money. This is a clear "Rossisaid", and nothing more. A tantrum even; 'I am taking my toys and going home! <stomps foot>'. This will become more fodder for the lawsuit. Stupid is as stupid does.
He is simply flailing about at this point. And, looking even more stupid as he does so.

I love how his desperation has made the talking to himself on his blog even more clear and silly looking. I love how he picks a name theme and uses it to invent his sock puppets.
William
June 2, 2016 at 4:15 PM
Dear Dr. Rossi,

According to this pressrelease IH lost their e-cat license

http://ecat.com/news/pressrelease-indus ... ssis-e-cat

Can you comment?

Thank you.

William

Andrea Rossi
June 2, 2016 at 4:30 PM
William:
Thank you for this important link with the press release issued today from my attorney John Annesser, Esq.
We made this move to make clear a thing about which there has been a lot of confusion, because IH continues to make patent applications with my technology, using without my authorization my name as the inventor and the name of Industrial Heat as the assegnee. It must be clear and sound that Leonardo Corporation has terminated the license granted to Industrial Heat LLC in all the following Territories:
North America, Central America, South America, the Caribbean, China, Russia, Saudi Arabia, and the Emirates.
This press release of our Attorney is clear and straight to the point.
Warm Regards,
A.R.
Daniel
June 2, 2016 at 10:17 AM
Dear Dr Andrea Rossi:
After what said Skyfall, I want to say that also in France you have a mass of followers that can’t wait to see your QuarkX.
Cheers,
Daniel
counterstrike
June 2, 2016 at 6:54 AM
Dr Andrea Rossi,
There are rumors that a huge avalanche is going to fall on one of your more accanite enemies.
Do you know what rumors are about ?

Andrea Rossi
June 2, 2016 at 8:01 AM
Counterstrike:
I have better to do than listen to rumors right now.
Warm Regards,
A.R.
iceman
June 1, 2016 at 8:41 PM
Dr Andrea Rossi:
IH is buying all the existing patents to fill up their intellectual property after losing your licence. Are you afraid they can really becom your competitors in the market ?
Cheers,
Iceman

Andrea Rossi
June 2, 2016 at 6:21 AM
Iceman:
They are buying toy cars to play with on a desktop to substitute a racing Ferrari. If they will be able to make a Ferrari combining the toys, without violating Ferrari’s patents, we’ll see. I do not think their investors are so candid to bite. Unless they WANT to bite, for some reason… We’ll see.
Warm Regards,
A.R.
skyfall
June 1, 2016 at 8:42 PM
Dear Andrea Rossi,
In Italy you have some tenth of enemies that talk against you everytime and millions of persons that love your work and hope to see you work also here again. I hope the noise of the few do not make you not realize that the silent majority of serious and working persons is following you.
Ciao,
Skyfall

Andrea Rossi
June 2, 2016 at 6:15 AM
Skyfall:
Thank you for your sustain to my Team. We strongly appreciate.
Warm Regards,
A.R.
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)

Ivy Matt
Posts: 711
Joined: Sat May 01, 2010 6:43 am

Re: LENR Is Real

Post by Ivy Matt »

This is my favorite part:
Because Defendants are not permitted to introduce facts outside the Complaint and its Exhibits, this motion does not address, for example, the numerous errors in Plaintiffs’ purported “Guaranteed Performance Test” that the Complaint purposely ignores (such as departing from the purported test plan, ignoring inoperable reactors, relying on flawed measurements, and using unsuitable measuring devices).
I hope they elaborate on that at some point.
Temperature, density, confinement time: pick any two.

Ivy Matt
Posts: 711
Joined: Sat May 01, 2010 6:43 am

Re: LENR Is Real

Post by Ivy Matt »

Oh, and here's my favorite part of the press release Parallel is presumably referring to:
In an effort to avoid any delay in making the E-Cat units commercially available in the above territories,...
That Rossi's quite the kidder. :)
Temperature, density, confinement time: pick any two.

Giorgio
Posts: 3061
Joined: Wed Oct 07, 2009 6:15 pm
Location: China, Italy

Re: LENR Is Real

Post by Giorgio »

The paper is interesting and well argued, unfortunately I didn't spot any argument that could be the base for a potential counter-suit from IH.
I start to wonder if Rossi could actually get off with those 10M$..... It would be a shame.
A society of dogmas is a dead society.

ladajo
Posts: 6258
Joined: Thu Sep 17, 2009 11:18 pm
Location: North East Coast

Re: LENR Is Real

Post by ladajo »

Giorgio,
I don't think they are going to let him off. I think they are just getting started. I suspect this process could spell the end of Rossiclown.
They may well seek to recover the $11 million, and push for criminal charges of fraud.
We will see.
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)

JoeP
Posts: 523
Joined: Sat Jun 25, 2011 5:10 am

Re: LENR Is Real

Post by JoeP »

I'd read it carefully later. At first glance, it seems they are mainly going to defend against the missuse of IP claims, and a technicality of not having all parties sign the extended test agreement (missing one of Rossi's shell companies). And that the 1 yr test was the wrong version of the 1MW plant. It seems to be a limited rebuttal, although I expect they think that if their arguments hold then everything else Rossi complains about is moot. Still much less scope than I expected. I still think they will settle with Rossi. They also do not attack the technology or the ECat function at all in my brief scan of the paper. I think that is telling.

ladajo
Posts: 6258
Joined: Thu Sep 17, 2009 11:18 pm
Location: North East Coast

Re: LENR Is Real

Post by ladajo »

IH has a strategy, what it is is not clear yet. I personally don't think they are looking to settle. I really think that they handed Rossiclown rope to hang himself, and now they are going to lynch him. I believe it will be one pull at a time.

At this point, they have no need to attack E-cat. They are bounded at this point to answering Rossiclown's complaint, which they seem to have done in spades.
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)

ladajo
Posts: 6258
Joined: Thu Sep 17, 2009 11:18 pm
Location: North East Coast

Re: LENR Is Real

Post by ladajo »

IH has a strategy, what it is is not clear yet. I personally don't think they are looking to settle. I really think that they handed Rossiclown rope to hang himself, and now they are going to lynch him. I believe it will be one pull at a time.

At this point, they have no need to attack E-cat. They are bounded at this point to answering Rossiclown's complaint, which they seem to have done in spades.
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)

JoeP
Posts: 523
Joined: Sat Jun 25, 2011 5:10 am

Re: LENR Is Real

Post by JoeP »

My thought is that they did not attack the ECat or the supposed capabilities because they still fundamentally believe in it.
That is going to limit what IH does in defense. I could be wrong. Should be interesting.

ladajo
Posts: 6258
Joined: Thu Sep 17, 2009 11:18 pm
Location: North East Coast

Re: LENR Is Real

Post by ladajo »

In a Motion to Dismiss, they can only address the complaint. They can not go beyond substantiating that the items in the complaint (each and every one) are either false or incorrect. This filing was not an "answer", it was a "motion to dismiss". If the judge lets any of the complaint components proceed, then we will see an answer. I firmly think that IH is proceeding logically for someone who bought something that is trash. If it worked, there is no sensible logic for them to pursue this track. And, in any event, it was Rossiclown who filed, not IH. And he did so with incredulous timing. He is acting like an obsessed someone who does not understand US law. His actions are typical in Italy, as the court system is so backlogged, and most folks settle out of court to either protect themselves from court/legal costs, or from their own insurance companies.

Meh. I really don't think that Rossiclown is going to survive this process very well. I also don't understand his finances, given it is documented that he spent a bucket of cash from the IH $11.5 million on Miami Real Estate and such, and then hops over to Sweden where he offers up $4-5 million for a warehouse. One has to wonder if he paid any tax on that money. I am thinking not so much.
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)

JoeP
Posts: 523
Joined: Sat Jun 25, 2011 5:10 am

Re: LENR Is Real

Post by JoeP »

ladajo wrote:In a Motion to Dismiss, they can only address the complaint. They can not go beyond substantiating that the items in the complaint (each and every one) are either false or incorrect.
So, did not the complaint state that on successful completion of the 1MW customer test that the $89 million was due? So failure of the test could be supported in many ways. They appear to only be going at the test agreement in two ways:

(1) a technicality (failure of AmpEnergo to sign a change to that specific test protocol)
(2) and that the unit tested was not the "Six Cylinder Unit."

For (1), by implication, this means that Rossi, Leonardo, and IH all signed the agreement and IH was happy with it. Duh.
For (2), how is it that they let the test go on for one full year before whining about that? Duh x 2.

Neither of these seem particularly strong counters when we suspect that the whole test setup was a complete fraud. It is not obvious to me why addressing the complaint on all the test parameters, the secret customer using the heat through the wall for unobservant "secret" products, agreeing to the use of this "ERV" guy, the supposed 50 COP, on and on. And they ignore all that. Which makes me suspect that they might be believers in it, and, yes, trying to take control of the IP in some way with the patents. Don't forget they fell for Rossi in the first place and gave him millions. IH isn't some virtuous group of skeptics that are trying to debunk the ECat.

ladajo
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Location: North East Coast

Re: LENR Is Real

Post by ladajo »

I agree that IH & Co. entered the argument in good faith. Nobody puts up $11.5 million on a whim or to discredit.

I do think that if they came to understand/believe that Rossiclown was full of shit, then the best option in my mind is to give him all the rope he wants so that he can be definitively hung, and also open the door to recovery of the $11.5 million or some portion of it, vice none at all.

If they called foul too early, it would engender a longer more painful process in any attempts to recover. This is based in not having sufficient definitive evidence that Rossiclown is full of shit. If they called foul early on, it might have added several years of silliness in court proceedings given the significantly less evidence accumulated to that point. By letting Rossiclown roll on, it would seem that they opened a window of opportunity to collect data on him being without question, full of shit.

IH only has to show that each claim is either false or flawed to gain dismissal. This means that they will argue that either the law states each is crap, or that each complaint is meaningless/senseless regarding content or injury. They proceeded as any good lawyer would and pointed out any and all flaws that can be argued to show each complaint is baseless or wrong. They do not need to argue the larger case at this point, this phase is about the legal technical ability for Rossiclown to have a valid complaint(s), not its content per se. As others have noted, Rossiclowns complaint really does not read like a competent legal filing, but more so as the ranting of an angry and somewhat deluded man. It speaks to the lack of talent from his lawyer that it was filed as such. I would argue that it is highly probable that Rossiclown himself drafted the bulk of the content.

As I understand things, the process will proceed with the Motion to Dismiss being addressed (or not) by Rossiclown, and then a ruling from the court on what (if anything) from Rossiclown's complaint can proceed. If his complaint is dismissed with predjudice, ie. he is a dumbass for filing, then I expect a rapid fire counter-suit civil complaint from IH, plus a possible lobbying by them for a criminal case. If part or all of Rossiclown's complaint survives, then I expect IH to roll in with a "the whole thing was a lie" strategy, and render the contract void, plus they will seek counter-damages. This is the part that Rossiclown seems to not understand; he is at just as much risk as IH for liability. It matters not who filed the initial complaint. What matters is the court findings...

It promises to be a popcorn munching summer as we watch this play out. At this point, I think there is a strong chance that Rossiclown is burned to the ground, IH gets it money (or most of it) back, and that Rossiclown may even end up back in jail from other proceedings that result from IH actions.
No matter what, this summer is going to age the man. The IH side has all the resources it needs to ride this wave comfortably, whereas Rossiclown has jack.
The development of atomic power, though it could confer unimaginable blessings on mankind, is something that is dreaded by the owners of coal mines and oil wells. (Hazlitt)
What I want to do is to look up C. . . . I call him the Forgotten Man. (Sumner)

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