AMENDED ANSWER, ADDITIONAL DEFENSES, COUNTERCLAIMS AND THIRDPARTY CLAIMS Rossi_vs_Darden_et_al_Amended_Answer_with_all_Exhibits_2016_searchable
1. Andrea Rossi negotiated from the beginning of the business relationship exclusively with representatives of Cherokee Investment Partners, in particular with CEO Thomas Darden and Manager JT Vaughn, the prove are all the headers of the email communications which the Jones Day lawyers published in the Exhibit 13 of ANSWER AND ADDITIONAL Defenses.
Update 13.08.2015 – Jones Day reacted and defined what they and the law understand as ‘Manager’, but they forget that Cherokee and Industrial Heat LLC are for the court more or less the same company and a Vice-President is for sure a Manager.
And Jones Day seems to have more information about John Doe, he seems to be a resident of Florida:
2. The by Cherokee Founder & Chief Executive Officer Thomas Darden later opened Industrial Heat, LLC (with JT Vaughn as Vice-President), as well as their later (under conspiratorial circumstances) by Thomas Darden and Cherokee Founder & Managing Principal John Mazzarino founded parent companies – IPH INTERNATIONAL BV – Kepler 34, II7ICD Badhoevedorp, Netherlands, – IPHBV Holdings Ltd – London UK 1 Finsbury Circus, Liverpool Street, – IH Holdings International Limited – London UK 1 Finsbury Circus, Liverpool Street are clearly companies of Cherokee Investment Partners (Owned by the CEO and Principal), established for the purpose of own exploitation and are in no way independent.
3. The presumption of conspiratorial technical and documentary manipulation by Rossi, Penon, Fabiani especially of the flow meter are very unlikely as calculations show. It could be assumed that even the in the Lawsuit reported ‘COP of more than 50’ is too low and with the by Murray in Exhibit 5 (INITIAL QUERIES FOR M. ENG FABIO PENON AS tO MEASUREMENTS oF 1 MW PLANT (at 7861 NW 46th Street, Doral, Florida;. February 16-17, 2016) transmitted data would be the COP still at least be 8.7 and would more than satisfy the requirements of the license agreement.
Exhibit 5 shows how helpless Darden et.al and Jones Day are, because the ‘expert’ Joseph Murray is no specialist for flow metric, he is an analyst for digital system and it looks like that he was hired by Industrial Heat/ Darden just because he is from Raleigh-Durham N.C.
And Joseph Murray himself seem to have no real interest to be involed in this case, because his LinkedIn Jobdescription – Strategic and Technical Management Independent Consultant since June 2015 – does not indicate that he is a loyal and proud employee of Industrial Heat LLC.
If you filter the noise and look at the substance then you can see that after these posts by Alan Fletcher beginning at https://www.lenr-forum.com/forum/index.php/Thread/3569-Flow-meter-used-in-1-MW-test/?postID=31715#post31715 even THHuxley (aka Thomas Clarke) paddled back claiming:
Quote THHuxley: “(thus – the claimed flowrate from this strangely specified meter is only just below spec and it is true – as I said – that this itself will not give a large error)”
Maybe he do not want to lose all of his reputation!
Update 19.08.2016 a brilliant analyze by Engineer48
4. Furthermore, there are still patent applications of Industrial Heat, LLC, one is a complete plagiarism of the Lugano report and technically based on the ECAT design of which Thomas Darden et.al axed, it does not work.
5. The Exhibits 18 shows that Industrial Heat, LLC has sold and billed energy to JM Products Inc. until the end of the performance test. This cannot be explained to any judge on this earth, how a respectable businessman can sell something in his own name over a period of nearly one year and then afterwards claiming, that the own product did not even exist and that there is additionally no real costumer. But as Magistrate John O’Sullivan states “…all that money is taxable” so we will see…
6. Jones Day is focusing its legal efforts in the direction of establishing that there has been no real customers and JM Products Inc. is only a facade.
This raises the question of whether this has ever any relevance, because even if the customer is a fake, so this is completely irrelevant to the test result of 1MW reactor.
The customer was supplied with energy, Industrial Heat LLC has provided this energy, deliveries over the period of one year, accounting per month, IH and has been paid and what the customer ultimately does with the energy, if he blows the heat in the air, boils a coffee , or melts ice is all alone of the customer and completely irrelevant to the license agreement between Leonardo / Rossi and Cherokee / IH / Darden.
Jones Day has to prove that the 1MW reactor is not working and that therefore the ERV Report by Penon is a fake, that is the core, all the other issues around this main topic are of course interesting for the audience, getting an insides view, seeing how ‘gentle’ businessmen are, but for the case it is irrelevant.
7. And last but not least there is still this presentation https://www.lenr-forum.com/forum/index.php/Attachment/421-20140925152226-9375-pdf/ which was hold 2015 in China by Thomas Darden as CEO of Industrial Heat, LLC.
These seven points alone indicate the substantial contradictions the Jones Day lawyers have to overcome and it almost looks as if they made a lot of big mistakes, just because their own clients are holding back information and therefore Jones Day cannot properly advise Darden et.al.
The opportunities for Jones Day to invalidate these contradictions are very low, thus Darden et.al will lose this case.