Huge Victory for Rossi When Judge Altonaga Rules All the Defendants to Remain (incl. Darden, Vaughn and Cherokee)

Huge victory for Andrea Rossi against Industrial Heat et al when Judge Altonaga rules all defendants to remain (incl Darden and Vaughn personally, and Cherokee Investment).


Also the fraud and deceit, unjust enrichment and Misappropriaton of Trade Secrets are still on the table together with the breach of contract (non-payment of the $89M).

Here is the doc.

Order on Motion to Dismiss

And since we know that the ERV report shows COP~50, including the quarterly reports during the test – we can be sure that IH needs to pay. Their only way out of it is to claim total fraud by both Rossi and Penon. They will however not state that but only make it come out as FUD waterboarding from the keyboards of mad dogs Weaver and Zoepfl, librarian Jed and FUDmaster Abd (and their anonymous kids).

Especially Zoepfl seems pissed off in his ECN dungeon …  Claiming some kind of victory! since some of the minor points were dismissed …

3 thoughts on “Huge Victory for Rossi When Judge Altonaga Rules All the Defendants to Remain (incl. Darden, Vaughn and Cherokee)

  1. Yes, Rossi definitely won this battle. But I predict the claims of fraud will not stay contained to the interwebs. I believe IH waited to see the outcome of the motion to dismiss. Now that it failed, I expect we will soon see a countersuit claiming fraud filed soon.

  2. I’m sure IH will be reimbursed by their backers “A job well done delaying the new technology in USA for several years”. They can probably delay court hearings further (Requesting a Continuance) by calling in sick, changes lawyers etc. They can fix the ownership structure and claim the new owners needs more time to assess alternatives and consider a out of court settlements..

    So far they have been successfully in delaying test and certification for about 1-2 years.

  3. The Rossi Effect: Beyond the MUD and the FUD

    By Hank Mills

    Various combinations of nickel, lithium, and hydrogen can be combined to produce massive excess heat beyond any possible chemical reaction: in my personal opinion, enough evidence has been provided to substantiate this statement beyond a reasonable doubt. Although this phenomenon — the “Rossi Effect” — is not yet always repeatable, the diverse array of replications that have taken place scream loudly that it is a reality. The number of individuals who have claimed to produce excess heat continues to grow. However, a legal war that has spilled over onto the internet threatens to distract observers and interested parties from further experimentation. Due to the focus on the conflict rather than the technology, the open dissemination of the critical parameters needed to allow for “guaranteed to work” replications may be delayed.

    For mainstream science to consider a controversial technology to be real, there must be a set of precise instructions that allow for replication of the effect. A scientist must be able to use materials “A” within certain parameters “B” under certain conditions “C” to get the expected result that is far beyond the margin of error “D.” We don’t have such a formula for the Rossi Effect. Multiple researchers seem to have produced high levels of excess heat; a few of them have seemingly been able to do so repeatedly. But not a single individual has offered an instruction sheet which — if followed in excruciating detail — would offer an ultra high success rate.

    Researchers who have successfully replicated the E-Cat have shared a good bit of information; for example, Alexander Parkhmov, N. Stepanov, Songsheng Jiang, and others have published in depth test reports. These accounts provide many tips and suggestions that could potentially assist individuals working to validate the Rossi Effect. But so far these papers fail to explain why some individuals obtain excess heat on the first attempt, and others don’t seem to produce a single watt after dozens of runs.

    This continuous enigma is what prevents the “Rossi Effect” from becoming the number one top news story. The ability to produce this phenomenon ON DEMAND at HIGH POWER would rattle our civilization in a way we cannot imagine. Literally, this combination of common and almost inexhaustible elements would represent a source of energy orders of magnitude ahead of any competitor. With a possible power density of 1000 watts (or higher) per gram of fuel, photo-voltaic and wind technologies would be destroyed. A massive shift would begin taking us away from expensive conventional “renewable” energy towards dirt cheap nuclear power. The human thirst for energy would finally be quenched. If not forever, at least for hundreds of years.

    But humans like scandal, intrigue, gossip, and innuendo. The current battle between Industrial Heat and Andrea Rossi has brought out the worst in many otherwise intelligent and decent individuals, providing soap opera like entertainment to some and a sad tragedy to others. With so little factual information out in the open — completely vetted in order to be free of “spin” — there is no rational way to come to an absolute conclusion about the issues being fought over. Most specifically, the performance of the one megawatt plant. But this hasn’t stopped forum users and bloggers from choosing a side, making derogatory statements about the other, and proclaiming their opinion as God’s truth without the hard data required to do so.

    I will openly and without reservation state that I feel it is a virtual certainty that the E-Cat is indeed real. To be clear, I’m not an engineer or a professionally trained scientist by any stretch of the imagination, so you can take my opinion with a grain of salt if you so desire. But I’ve read and been told of too many experiments — both those conducted by Rossi and by third parties — that produced high levels of excess heat beyond any possible chemical reaction to believe that they are all examples of sloppy measurement, exotic chemical reactions, or outright hoaxing. For starters, there are accounts of self sustained reactions and meltdowns, occurring after input has been switched off, that eliminate the need for the most sophisticated and precise measurement systems. Next, the quantities of heat produced overtime far exceed (sometimes by orders of magnitude) what could be generated if the grams of Ni and LiAlH4 had been replaced with thermite (iron oxide and aluminum), ignited inside of the reactor, and burned with 100% efficiency over an extended period of time. There is just no chemical fuel that comes near to the energy densities reported. Finally, the seemingly most successful replications have came from highly qualified, well educated individuals with ties to academia or scientific research. These individuals — separated sometimes by thousands of miles — would have little to no rational reason to intentionally exaggerate or lie.

    When it comes to the one year test of the one megawatt plant, I can only state that I expect it produced some level of excess heat — due to the fact so many other tests of Ni-Li-H systems have done so. But I will not say much more, because I do not have access to the ERV report. And, to be honest, I don’t care to dwell on the topic. The fact is that right now “hot cat” reactors, capable of operating at temperatures far higher than those in the shipping container locked up in Doral, Florida, can be built by third parties.

    Procure a suitable reactor core, add a tenth of a gram of LiAlH4, add nine tenths of a gram of nickel powder, wrap it with a suitable resistor like Kanthal A1, seal the ends adequately, protect the heating element from oxidation, heat the whole unit up to 1200-1300C, and apply whatever wave forms you desire (perhaps square waves): you have a chance to see massive excess heat and even self sustain for minutes to hours after turning off the input. But there is no guarantee of success. You may have to try repeatedly, use different brands of fuel, vary the ratio of empty space, perform some pre-cleaning on the nickel to remove oxidation, or even add some supplemental hydrogen. But the number of successful tests so far indicate that with enough effort you will eventually find excess heat.

    What we as a loosely knit, sometimes disfunctional, and sometimes cut-throat community need to do is figure out how to avoid all the trial and error required to produce the effect. Forget about the legal battle, stop reading the posts by extremists on both sides, and don’t look at the updates on the court docket; instead, do whatever you can to encourage, assist, and provide support for replicators who pledge to openly share their results and discoveries.

    My hope — as I’ve already stated multiple times — is for a formula to be made available that will allow for the “Rossi Effect” to be replicated by any qualified individual who is willing to abide by specific guidelines: with the purpose of forcing this technology to be accepted as real by the mainstream world. This can happen regardless of the less than flattering information that will most likely come out about BOTH Leonardo Corporation and Industrial Heat.

    Let’s get real: no one is perfect. Consider the candidates running for President of the United States. I would be willing to wager, if I were a gambler, that the vast majority of Republicans and Democrats see major flaws in their nominee. Even if they would be hesitant to speak openly about such issues, they observe them and are not oblivious to reality. I expect the same is true about Industrial Heat, Leonardo Corporation, and the individuals who operate both of these entities. When the court case comes to an end, unless a settlement is reached, I don’t think either party will walk away wearing a white suit without a spec of dust, so to speak. So arguing about who is the right and who is in the wrong is for the most part pointless.

    Conversely, focusing on coming up with a working recipe is not. The moment a recipe, backed up by multiple successful tests by different parties, is released, the grip that has been keeping most of the world ignorant will be released. An impossible snake-oil fantasy will have became hard fact: indisputable even to the most zealous cynics.

    So let’s keep focused in the days, weeks, and months to come. Don’t get caught up in the mud slinging that is bound to intensify as the legal battle heats up. Expect ahead of time that whichever “side” you feel more drawn towards is probably going to be revealed as totally less than spotless and unblemished, and remember that the technology is what really matters. I’d suggest keeping these three themes present in your mind.

    – Continual Testing to determine the critical parameters needed to trigger the effect.
    – Absolute Openness in sharing the knowledge about these critical parameters.
    – Non-participation in conflicts, arguments, and wars that are only distractions.

    We C-A-N move this technology forward if we focus on the above. When I get caught up in emotion, frustrated with the statements of muckrakers on various forums, I like to think about what’s possible with an energy source like the E-Cat. The wonders that come to mind help keep me focused, because they could lead to a technologically advanced world with far less suffering that I’d be proud to live in.

    Earth doesn’t have to remain a hell-planet and humanity a technologically retarded species unless we let ourselves get distracted. We are closer than I think most people realize to “cracking” the E-Cat. Let’s move forward by celebrating those who are performing open experimentation, and renouncing those who seek to slow progress and conceal information that could help fellow replicators. And, for goodness sakes, if you are holding onto unreported test results — positive or negative — please publish them immediately. The data could help us reach the point of having a “formula” days, weeks, or months sooner.

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