Friday, June 3, 2016

JUNE 03, 2016 LENR COMPLEX LEGAL ISSUES DEVELOPING


First Motto


Today being Rossi's 66th birthday

"Rossi resurrected cold fusion from near death only about five years ago. As a result several universities and several countries are now working on LENR" (Adrian Ashcroft- on Vortex)

Second Motto

" You could be a journalist and get emotional. But you must channel emotions, yours and your subjects,into the hard work of finding multiple points of view. (Marianne Macy in her admirable paper- "Reporting a Lawsuit in LENR ( Infinite Energy, issue 127, May-June 2016, pp 5-19
One of the best papers I ever read- a model; however I must ask Marianne  to forgive  my incurable weakness- Journalistic Objectivity is an ideal & virtue too high for an amateur journalist  and LENR lover as me)

Third Motto

Image result for law quotations



DAILY NOTES


An interesting day, mainly due to the Press Release of Leonardo Corp. and the "Dismiss" document of Industrial Heat- a battle day.
It is stuff to study, hundreds of comments (20% smart) to be read, new connections to be understood- and I will be surprised if they do not come, surprises- some big.

What I want to say, I am unable to consider IH's position as enviable. 
Let's take an accusation of IH referring to the 1MW test:

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).

Announced a year ago this could be an argument but even then how could Rossi depart from the test plan; how many reactors were "inoperable" and in which sense? Flawed measurements have to be reported immediately and, by Jove! what unsuitable measuring instruments were used- for a long year for temperature, pressure, flow- seismometers, dynamometers, microscopes?
Now post-factum after 4 reports of the ERV, after alternative measurements by IH employees. such arguments are dead.


  DAILY NEWS

1) From Andrea Rossi's attorney

INDUSTRIAL HEAT LOSES LICENSE FOR ROSSI’S “E-CAT” 

Leonardo Corporation announced today, June 2, 2016, that it has terminated the license granted to Industrial Heat, LLC. for the Energy Catalyzer (“E-Cat”) technology. Effective immediately, Leonardo Corporation has the sole and exclusive right to the ECat intellectual property in all territories previously licensed to Industrial Heat, LLC. According to Leonardo Corporation, the decision to terminate Industrial Heat, LLC.’s license follows Industrial Heat, LLC.’s failure to pay the agreed upon licensing fee. The license previously granted to Industrial Heat, LLC gave the company the exclusive rights to use the E-Cat intellectual property in the geographic territories of North America, Central America, South America, the Caribbean, China, Russia, Saudi Arabia and the Arabian Emirates. In an effort to avoid any delay in making the E-Cat units commercially available in the above territories, Leonardo Corporation will be working diligently with its strategic partners to develop a new manufacturing and distribution strategy for those territories. For those customers located in these territories, all future inquiries regarding the E-Cat should be directed to Leonardo Corporation directly through its website. As a result of its terminating Industrial Heat, LLC’s license, Leonardo Corporation has also demanded that Industrial Heat, LLC immediately assign all patents and patent applications based upon the E-Cat intellectual property to Leonardo Corporation, or abandon these applications in all jurisdictions. Additional information is available at www.ecat.com
Contact: Leonardo’s attorney John Annesser, Esq. JWA@silverlawgroup.com SOURCE: Leonardo Corporation

http://ecat.com/news/pressrelease-industrial-heat-loses-license-for-rossis-e-cat
http://www.prnewswire.com/news-releases/leonardo-corporation-industrial-heat-loses-license-for-rossis-e-cat-300279061.html
https://www.lenr-forum.com/forum/index.php/Thread/3310-Leonardo-Corporation-Issues-Press-Release-Announcing-Termination-of-Industrial-H/
This signalled in Russian is:

А. Росси отозвал лицензию на Е-Сат у Industrial Heat



2) The voice of Industrial Heat can be heard, answering-  in
Andrea Rossi’s Shipping-Container Interview (2015)
http://news.newenergytimes.net/2016/06/02/andrea-rossis-shipping-container-interview-2015/

Darden and his co-defendants filed a motion to dismiss the case today, saying that Rossi’s “central contentions are incurably flawed.”
Link at: 
http://newenergytimes.com/v2/sr/RossiECat/Rossi-vs-Darden/20160602-Darden-et-al-Motion-to-Dismiss.pdf
This announced in Russian is:

IH ответили на обвинения Росси ходатайством о прекращении дела.

http://lenr.seplm.ru/novosti/ih-otvetili-na-obvineniya-rossi-khodataistvom-o-prekrashchenii-dela

Comments of these here:
Leonardo Corporation Issues Press Release Announcing Termination of Industrial Heat License
http://www.e-catworld.com/2016/06/02/leonardo-corporation-issues-press-release-announcing-termination-of-industrial-heat-license/

3) Rossi explains:
Andrea Rossi | 10 hours ago

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.

4) Good question shortly discussed:
Where were you when LENR was breaking through?
https://boards.4chan.org/sci/thread/8118476


5) Does IH Admit Delaying the MW test to Steal as much E-Cat IP as Possible With Legal Tricks?

From my friend Uwe Doms:
Signals in the LENR background noise

6) Now IH have lost E-Cat License and IP, who will manufacture E-Cats in the US?


LENR IN CONTEXT-2

Thanks to Bob Cook for this- useful for understanding the legal Leonardo Corp -Industrial mHeat dispute;
Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, Patents, and Trade Secrets 
by Brian T. Yeh Legislative Attorney May 27, 2016 
http://www.fas.org/sgp/crs/misc/RL34109.pdf
BTW- Bob adds to this:"If I were In IH’s shoes, I would be worried".

7 comments:

  1. Dear Peter,
    "...Now post-factum after 4 reports of the ERV,...such arguments are dead."
    I must advise people to remember this... it was Rossi that brought the lawsuit, not IH. IH is not sueing Rossi.
    .
    People keep asking why did IH wait so long, etc? I must ask you to consider... They WANTED Rossi to succeed. They gave him many chances to improve the problems. Going from 100 reactors to 4 for example. They probably were giving him the benefit of the doubt, so to say.
    .
    They when the test was over and all was said and done, the test was inaccurate. IH did not file lawsuit. We do not even know if they went to Rossi to negotiate a compromise. Rossi immediately filed the suit.
    .
    So many are saying why did IH do this and IH do that... we must realise there are two sides of the story and the above is as plausible as the ones being told the IH is evil and criminal.
    .
    Look at the history or Rossi, it always comes to this. Some NDA, some secret customer, faulty tests, test not allowed to be corrected, etc. etc. People come and go. Corporations walk away (Seimens, National Instruments, NASA, etc.). There is a pattern here..
    .
    Rossi stated he had $3 BILLION dollars in presales! He cannot find one customer willing to be public? This is silly! The NDA's come from Rossi not the customers.
    .
    So please consider the above. IH wanted Rossi to succeed. They gave him the full length of rope and in the end, the knot unraveled. It fits the picture perfectly well without conspiracy, stupidity and criminal intent.
    .
    I have followed Rossi for 5 years and I have learned that with his big proclamations, I always am disappointed when the facts come out. I am afraid I will be with this as well.
    .
    The filing to dismiss the lawsuit is not one of weakness or having nothing else to propose. It is the first step ALL lawyers take when defending against a lawsuit. It is standard practice. If the judge agrees, then large savings in time and expense are seen. It is the defacto standard as step on in a defense case. IH's lawyers are now probably meeting with Rossi's lawyers. They are saying "Drop the case and settle out of court. This is just our warning shot. we will bring in the big guns and you will lose".
    .
    Rossi's team will have to decide what real chances they have are. I still fully expect them to drop the case and settle out of court with NDA's in place as with everything Rossi. Rossi will probably have to give back X amount of the $11.5 million. IH will be happy to oblige. They could care less what the few people on LENR blogs think.
    .
    This is only my opinion, but I believe it is reasonable.
    IH is not the stupid criminals some are painting them to be.
    .
    I post under anonymous but my real name is Bob.

    ReplyDelete
  2. Gerard McEk
    June 3, 2016 at 2:04 PM
    Dear Andrea,
    Happy birthday!
    I hope things are progressing on to your satisfaction, especially this day.
    Kind regards, Gerard
    Rossi | 39 minutes ago
    Gerard McEk:
    Thank you; yes, we are going on well.
    Warm Regards,
    A.R.

    ReplyDelete
  3. Bob, I tend to agree with most of what you said regarding Rossi, and hope that what you said regarding IH is correct. Regarding the $3 Billion dollars in presales, could Rossi be referring to the pre-orders for E-cats? If each one is $20,000 and he has 150,000 pre-orders (which are not binding I know) then this amounts to $3 Billion dollars. - Anonymous2

    ReplyDelete
  4. Anonymous,
    http://www.e-catworld.com/2015/09/17/e-cat-commercial-rollout-leonardo-in-europe-industrial-heat-in-the-usa/
    is the link stating $3 Billion. It appears to state both domestic and industrial. Still, I am sure there are legitimate companies that would not require secrecy as always with Rossi.
    .
    Here is a link stating that he has "well known" companies with orders.
    http://www.e-catworld.com/2015/10/25/well-known-companies-have-placed-orders-for-the-e-cat-qa-with-andrea-rossi/
    .
    Per Sam's post, I would wish Rossi a happy birthday as well. I hope he has everything that he states he has. I have no ill will for him. My faith is wavering due to the long history of what I consider unfavorable results of all things "Rossi". No customers publicly supporting him. No sold plants ever followed up on. No companies "staying on board" with him. No tests ever well done or follow tests done to correct demonstrated error and the list goes on. None of these prove Rossi is a fraud and I am not claiming he is.
    However, when I look at ALL the picture, over the ENTIRE length of time, the picture paints on that is not positive.
    I personally suspect that he either:
    A) Has an effect but cannot control it and probably does not have the COP claimed due to bad tests.
    B) Has become a bit delusional and is fooling himself. (It certainly can happen!)
    C) A little bit of both A & B.

    I hope I am wrong and he is a great genius and has everything. However the Quark-X, producing heat, direct electricity, tunable light AND direct thrust, all in the size of a pencil will either be the invention of the ages or he is really stretching it!

    (My real name is Bob for those who do not like Anonymous)

    ReplyDelete
  5. Bob,
    As I tried to indicate the $3 Billion can be accounted for by the domestic E-cat pre-orders (150,000 orders time $20,000 per order). Actually, this is clearly indicated by the following quote from the link you provided:

    "Andrea Rossi has just responded on the JONP to a question about the total amount in dollars of pre-orders he has receives. His response:

    Andrea Rossi
    September 17th, 2015 at 7:55 AM
    Hugh Lee:
    About three billions, based on the supposed price of the domestic and the industrial E-Cats, but we did not accept and we will not accept a single cent from the potential Customers who made the pre-orders until the product will be ready for deliveries, which means until the tests on course will have been completed positively (F9), our manufacturing lines will be operative and, for the domestic E-Cats, the safety certification will have been achieved. As you see, an enormous work remains to be done, but we are already working on it.
    Warm Regards,
    A.R."

    Also, I agree that the QuarkX sounds fantastic. I'm not so sure about the thrust part, but the combination of heat, light and a significant fraction of direct electricity is intriguing.

    ReplyDelete
  6. Yes... Thrust!
    http://www.e-catworld.com/2016/04/04/now-thrust-from-the-e-cat/
    Rossi does not go into detail, but he answered yes to the question....which brings me to a personal frustration with Rossi.
    .
    Often, he makes a very simple statement such as "ERV will certify the 1mw plant". Then people start posting their opinions and before you know it, the "ERV" is being posted as UL or Veritas. These posts are not from Rossi, but certain posters cannot seem to help but post "wishful thinking" as fact. This is not Rossi's fault, but he does NOTHING to squash the rumors or invalid assumptions.
    So after 1 year of everyone speculating about UL and how great all these certifications will be, the ERV turns out to be a one man show with NO legal certifying authority at all. Rossi allowed this rampant speculation. It then discredits him when the truth comes out and disappointment is inevitable. This happens over and over.
    .
    My personal pet peeve!
    .
    -Bob

    ReplyDelete
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    ReplyDelete