Apparently the all-consuming Andrea Rossi vs. Darden and Industrial Heat, et al. case has been settled. The terms will likely forever be under NDA as Rossi mentions in his blog. We can only hope that LENR progress, on all fronts, will now resume with vigor..
PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga:
Jury Trial completed on 7/5/2017.
Total time in court: 48 minutes.
Attorney Appearance(s): Francisco J Leon de la Barra, Rodolfo Nunez, Christopher Rebel, Jude Pace, Erika Stephanie Handelson, Bernard P. Bell, Christopher Martin Lomax, John William Annesser, II, Brian W. Chaiken, John Charles Lukacs, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (cmz) (Entered: 07/05/2017)
July 5, 2017 at 5:53 PM
The terms of the settlement will remain under NDA for ever, as per request of the Attorneys of both Parties.
Personally, I am glad to be free to return to work full time for my E-Cat.
I will never anymore talk about the issues of the litigation. They belong to the past. The war is over, now we must build a constructive future.
From now I return to talk with our Readers.
A recent transcript of a discovery hearing in the Rossi et al. V. Darden et al. case from March 9, 2017 proved to be very informative. The magistrate is clearly rankled with the attorney’s bickering and in a revealing comment, Mr. Pace, for the defendants answered “probably not” when the magistrate asked if they were never going to settle the case. Mr. Pace also predicted a 2-3 week trial this summer. IH and Darden seem very committed to proving Rossi defrauded them and/or breached the agreement they had.
THE COURT: All right. Good.
You guys are never going to settle this case, huh?
MR. PACE: Probably not.
THE COURT: How long is this case going to take to try?
MR. PACE: A couple of weeks.
THE COURT: Really?
MR. PACE: Yes. Two, three weeks.
Rossi and Leonardo lost a tactical battle to disclose to the defendant’s attorneys two deposit transactions into Leonardo Corporation that the plaintiff’s are maintaining are irrelevant to the case. The magistrate upheld an agreement among the parties that will allow these transactions to be revealed for attorney’s eyes only. We may never know who this mystery financier is, but Rossi’s attorney tried very hard to conceal it.
THE COURT: And why is this so sensitive that he
cannot — I mean, why are we spending twenty minutes on this
thing? Why don’t you just show it to them and they will say,
okay, it’s not relevant.
MR. ANNESSER: Your Honor, our company works with
certain parties that has nothing to do with this license
agreement and nothing to do with anything at issue in this
Rossi also lost in a bid to keep his tax records concealed. There is a lot of Internet discussion about Rossi’s purported tax issues in Italy and his agreement with IH made this a condition of their agreement – that Rossi must pay his taxes – so this may come to bearing on this case as well.
THE COURT: All right. I am going to require that tax
returns be provided for attorney’s eyes. It’s alleged in the
complaint. Not even a defense really saying there was a prior
breach. So because of the prior breach serves as a defense to
Plaintiff’s breach because the contract was already breached.
The Rossi v. Industrial Heat, et al. case in federal court in Florida has resulted in the release of numerous exhibits. In fact, over the past week there has been almost too much to speculate on as both sides can be inferred as making compelling arguments for and against their claims. This is very typical of the U.S. adversarial judicial system where the truth unfortunately matters less than mounting a vigorous legal attack and defense.
Among the documents is the final report of one Fabio Penon, who was the mostly absentee professional chosen as the Expert Responsible for Validation (ERV) by both sides. The report claims the “energy multiple was always higher than 6” and the temperature of the steam produced was in excess of 100 degrees for the 350 days. In fact, on most days the reported COP was in excess of 60, which is a shocking number for many reasons.
You can decide for yourself the veracity of this report by reading it here and all the other court documents.
Industrial Heat and IPH (collectively “Counter-Plaintiffs”) bring this action against Leonardo; Rossi; J.M. Products, Inc. (“JMP”); Henry Johnson (“Johnson”); Penon; United States Quantum Leap, LLC (“USQL”); and Fabiani.
Industrial Heat LLC has brought counterclaims against almost everyone involved in the Rossi project and makes allegations of fraud in the performance, review and testing of the E-cat.
Eventually Counter-Plaintiffs discovered that the test that Leonardo and Rossi were conducting, in conjunction with the supposed “customer” in Miami, was not a real test at all, but a carefully scripted effort to deceive Counter-Plaintiffs into 1) providing Leonardo and Rossi with credibility in their efforts to license and promote the E-Cat IP to others and/or obtain investments from others in their business ventures, 2) making the third payment under the License Agreement to Leonardo, 3) paying a multitude of expenses of Leonardo and Rossi including in connection with their operations in Florida, and 4) paying Penon and Fabiani for services not rendered and reimbursing them for unnecessary expenses.
Below is a new Brillouin Energy presentation, narrated by its founder, Robert Godes, which was prepared for the ICCF19 conference in Padua, Italy in April 2015. Andrea Rossi has recently made disparaging remarks about the Electron Capture Theory, however, Brillouin appears to consistently make strides in control, COP and commercialization efforts.
Apparently a COP of 3.2-3.6 over a 32 day period and isotopic change in nickel and lithium was observed.
“In summary, the performance of the E-Cat reactor is remarkable. We have a device giving heat energy compatible with nuclear transformations, but it operates at low energy and gives neither nuclear radioactive waste nor emits radiation. From basic general knowledge in nuclear physics this should not be possible. Nevertheless we have to relate to the fact that the experimental results from our test show heat production beyond chemical burning, and that the E-Cat fuel undergoes nuclear transformations. It is certainly most unsatisfying that these results so far have no convincing theoretical explanation, but the experimental results cannot be dismissed or ignored just because of lack of theoretical understanding.”
The report is entitled “Observation of Abundant Heat Production From a Reactor Device and of Isotopic Changes in the Fuel” and is written by Giuseppe Levi, Evelyn Foschi, Bo Höistad, Roland Pettersson, Lars Tegnér and Hanno Essén, all of whom also wrote an earlier third party report on the E-Cat.
A fair critique, especially of the calorimetric measuring, can be found here.
Industrial Heat LLC, a North Carolina company put out a press release today announcing they had acquired the rights to Andrea Rossi’s E-Cat, and were working on plans to commercialize the technology.
IH CEO JT Vaughn stated, “The world needs a new, clean and efficient energy source. Such a technology would raise the standard of living in developing countries and reduce the environmental impact of producing energy,”
The press release says that IH was exploring working with industries, universities and NGOs to help develop and spread the technology. Tom Darden, who co-founded Cherokee Investment Partners, a series of private equity funds specializing in cleaning up pollution, is a founding investor in Industrial Heat.
Vaughn, who is also a senior analyst at Cherokee, confirmed through a press release that IH has acquired the rights to Rossi’s LENR device after a committee of independent European scientists concluded after multiple days of testing at Rossi’s facilities that the device worked.
China has been in the news recently as poising itself to be an innovator in the alternative energy sector. As part of a policy shift, the Chinese government is implementing carbon trading, capping energy consumption, resource taxes, new emissions controls and regional coal consumption caps.
Internet rumors have Cherokee Investment Partners, with multiple Chinese connections, and their subsidiary Industrial Heat LLC, as the possible U.S. partner working with Andrea Rossi and his E-Cat technology.
Brillouin Energy, whom has a LENR patent in China, recently signed a licensing agreement with a firm in South Korea. Perhaps the Pacific Rim and China are embracing the possibilities of LENR and may lead the way in developing this technology.
In an interesting paper by Magdi Ragheb, the author discusses the various mechanisms whereby deuteron disintegration in condensed matter through photonuclear and wave polarization reactions aid in the source of neutrons leading to the apparent transmutations being proffered as the source of anomalous heat in LENR events.
The author relies heavily on the Oppenheimer–Phillips process or strip reaction which is a type of deuteron-induced nuclear reaction. In this process the neutron half of an energetic deuteron (a stable isotope of hydrogen with one proton and one neutron) fuses with a target nucleus, transmuting the target to a heavier isotope while ejecting a proton.
The author discusses:
USA Navy’s Space and Naval Warfare Systems Center, SPAWAR experiment,
Brillouin Energy, Controlled Electron Capture Reaction,