LENR – Cold Fusion lawsuit – the jury trial – Rossi et al v. Darden et al

Rossi_vs_Darden1

https://www.pacermonitor.com/public/case/11135976/Rossi_et_al_v_Darden_et_al

The jury trail Leonardo Corporation, Andrea Rossi vs. Cherokee Investment Partners, LLC, Thomas Darden, IPH International B.V., Industrial Heat, LLC, John T. Vaughn has started at the Florida Southern District Court before U.S. District Judge Cecilia M. Altonaga. Here you will find more information about this case and (as soon as available) daily updates out of the court room.

More information:

Find court docket and additional papers here:
https://thenewfire.wordpress.com/good-prospects-for-rossi-and-leonardo-corp-lawsuit/

Additional information:
https://thenewfire.wordpress.com/2016-industrial-heat-patentapplication-is-a-copy-of-lugano-report/
https://thenewfire.wordpress.com/facts-are-facts-or-why-darden-et-al-will-lose-the-ecat-case/
https://thenewfire.wordpress.com/lenr-ecat-thomas-f-darden-and-the-white-house-the-complete-list/
https://thenewfire.wordpress.com/how-cecilia-m-altonaga-guides-lawsuits/
https://thenewfire.wordpress.com/where-leads-us-the-cherokee-investment-partners-industrial-heat-llc-nrg-energy-trace/
https://thenewfire.wordpress.com/where-leads-us-the-darden-et-al-micro-grid-patent-trace/

LENR_ROSSI_US_Patent_9115913B1.pdf

Community:
https://www.lenr-forum.com/forum/thread/4745-rossi-vs-darden-developments-part-2/?pageNo=1

More from source: https://www.law360.com/cases/5703f603f5dd613cf1000004/articles


Reactor Inventor Wants Jones Day Sanctioned In $89M IP Row

Law360, Los Angeles (January 10, 2017, 10:51 PM EST) — A company that has purportedly invented a cold fusion reactor on Tuesday urged a Florida federal judge to sanction private equity fund Cherokee Investment Partners LLC and its Jones Day attorneys for denying true facts and making frivolous claims in the parties’ $89 million patent licensing dispute.
In a 16-page motion for Rule 11 sanctions, plaintiff Andrea Rossi and his Leonardo Corp. — inventor of the energy catalyzer, or E-Cat, low energy nuclear reactor — urge U.S. District Judge Cecilia M. Altonaga to sanction Cherokee, its founder Tom Darden, and their Jones Day attorneys. Rossi and Leonardo seek to have certain defendants’ counterclaims stricken, to award the plaintiffs’ attorneys’ fees for defending against those claims and for litigation the sanctions motion.

The plaintiffs argue that that underlying suit is simple – that the defendants signed a contract to license certain of the plaintiffs’ intellectual property, and now are refusing to pay for it – but that the defendants and their attorneys have attempted to mislead and distract the court by denying allegations they know to be true and bringing “a number of frivolous claims which lack any basis in law or fact.”

“Rather than presenting viable defenses to their failure to abide by the terms of their agreement, defendants attempt to mislead the court and deflect this court’s attention from defendants’ wrongdoing in an effort to intentionally increase plaintiffs’ costs of litigation and to confuse the issues before the court,” Rossi and Leonardo argue.

The plaintiffs contend Cherokee and the other defendants are ignoring clear evidence against their claims, such as that a “guaranteed performance test” provided for in their agreement has been undertaken, and that the defendants’ own sworn claims in a World Intellectual Property Organization patent application bely their contention in the instant suit that they haven’t been able to replicate the E-Cat’s alleged energy generation properties.

Rossi and Leonardo filed suit in April 2016, alleging they entered into a deal with Darden, Cherokee, and related entity Industrial Heat LLC to license them the use the intellectual property underlying the E-Cat reactor, but that the defendants instead engaged in a “fraudulent scheme” to rip-off the intellectual property and use it without paying the $89 million they agreed to.

In their third-amended answer to the complaint, filed in November 2016, the defendants countered that Rossi’s claims about the energy producing properties of E-Cat technology “are not scientifically verifiable or reproducible.”

The defendants also assert that the E-Cat technology has never been independently validated, and has never been used to create a commercially viable product.

Attorneys for the parties did not immediately respond to requests for comment on Tuesday.

The plaintiffs are represented by John W. Annesser, Brian Chaiken and D. Porpoise Evans of Perlman Bajandas Yevoli & Albright PL.

The defendants are represented by Christopher R.J. Pace, Christopher M. Lomax and Christina Mastrucci of Jones Day.

The case is Andrea Rossi, et al. v. Thomas Darden, et al., case number 1:16-cv-21199 in the U.S. District Court for the Southern District of Florida.

—Editing by Joe Phalon.


Bid To Sanction Jones Day In $89M IP Suit Premature: Judge

Law360, Los Angeles (January 11, 2017, 4:43 PM EST) — Jones Day attorneys and their client Cherokee Investment Partners LLC won’t be sanctioned for allegedly making frivolous counterclaims in an $89 million patent licensing dispute with a company that invested in an energy catalyzer, a Florida federal judge said on Wednesday, calling the request “premature.”
Plaintiff Andrea Rossi and his Leonardo Corp. — inventor of the energy catalyzer, or E-Cat, low-energy nuclear reactor, asked the court on Tuesday to sanction Cherokee, its founder Tom Darden and their Jones Day attorneys, saying they attempted to mislead the court by denying allegations they know to be true and bringing “frivolous” counterclaims.

But U.S. District Judge Cecilia M. Altonaga on Wednesday denied the motion without prejudice, saying it’s too soon to decide on any such sanctions. The court already partially granted Cherokee’s motion to strike in part a second amended answer to its complaint, and later denied Rossi’s motion to dismiss Cherokee’s amended counterclaims, Judge Altonaga said.

“Considering the outcomes on these previous motions and given plaintiffs have not subsequently filed a motion for judgment on the pleadings, the present motion is premature,” Judge Altonaga wrote.

The action started when Rossi and Leonardo filed suit in April 2016, alleging they had entered a deal with Darden, Cherokee and related entity Industrial Heat LLC to license to them the use of the intellectual property underlying the E-Cat reactor. Instead, Rossi argued, the defendants engaged in a “fraudulent scheme” to rip off the intellectual property and use it without paying the $89 million to which they’d agreed.

In their third amended answer to the complaint, filed in November 2016, the defendants countered that Rossi’s claims about the energy producing properties of E-Cat technology “are not scientifically verifiable or reproducible.”

But Rossi contends Cherokee, the other defendants and their attorneys deserve a penalty for putting forth baseless claims for an improper purpose.

Rossi’s motion alleged that the defendants are ignoring clear evidence against their claims, including that a “guaranteed performance test” provided for in their agreement has been undertaken, and that the defendants’ own sworn claims in a World Intellectual Property Organization patent application bely their contention in the instant suit that they haven’t been able to replicate the E-Cat’s alleged energy-generation properties.

Attorneys for Rossi and Leonardo Corp. declined to comment. Representatives for the other parties didn’t immediately respond to requests for comment on Wednesday.

The plaintiffs are represented by John W. Annesser, Brian Chaiken and D. Porpoise Evans of Perlman Bajandas Yevoli & Albright PL.

The defendants are represented by Christopher R.J. Pace, Christopher M. Lomax and Christina Mastrucci of Jones Day.

The case is Andrea Rossi, et al. v. Thomas Darden, et al., case number 1:16-cv-21199, in the U.S. District Court for the Southern District of Florida.

–Additional reporting by Daniel Siegel. Editing by Jack Karp.


Nuclear Reactor Licensees Push To End $89M IP Suit

Law360, New York (April 5, 2017, 8:02 PM EDT) — Two companies that licensed a nuclear reactor hit back against the energy technology’s owner Tuesday, arguing in Florida federal court that the patent holders clearly violated a licensing agreement and voided an $89 million contract.
In a filing opposing a motion for partial summary judgment, licensee Cherokee Investment Partners LLC and related entity Industrial Heat LLC said Leonardo Corp. and its founder, Andrea Rossi, didn’t properly complete a set of performance tests that were supposed to trigger the payouts.

In the filing, Cherokee and Industrial Heat asked for summary judgment in their favor instead. They said the performance tests happened nearly two years late and that Leonardo used the wrong equipment when it finally performed them.

“The undisputed material facts show that plaintiffs did not comply with the written terms of the license agreement or the proposed second amendment. Plaintiffs cannot cherry-pick for enforcement only the contractual provisions they deem favorable and discard the rest,” according to the filing.

Leonardo previously said that when Industrial Heat licensed the low-energy nuclear reactor, called the E-Cat, from Leonardo in 2012, the technology was not widely accepted by the scientific community, so the companies decided on a payment schedule for when the technology passed performance tests.

Leonardo contended that the licensees should have paid $89 million after the E-Cat passed a 400-day operation test, per the contract the parties had signed.

The lawsuit, which also names Thomas Darden, John T. Vaughn and IPH International B.V. as defendants, was filed last year by Leonardo and Rossi. They alleged that they had entered a deal with Darden, Cherokee and Industrial Heat to license them the use of the intellectual property underlying the E-Cat reactor.

Instead, Rossi argued, the defendants engaged in a “fraudulent scheme” to rip off the intellectual property and use it without paying the $89 million to which they had agreed.

In their third amended answer to the complaint, filed in November 2016, the defendants countered that Rossi’s claims about the energy-producing properties of E-Cat technology “are not scientifically verifiable or reproducible.”

Counsel for the parties could not immediately be reached for comment Wednesday.

Leonardo and Rossi are represented by John W. Annesser, Brian Chaiken and D. Porpoise Evans of Perlman Bajandas Yevoli & Albright PL.

The defendants are represented by Christopher R.J. Pace, Christopher M. Lomax and Christina Mastrucci of Jones Day.

The case is Andrea Rossi et al. v. Thomas Darden et al., case number 1:16-cv-21199, in the U.S. District Court for the Southern District of Florida.

–Editing by Sara Ziegler.


Energy Cos. Denied Quick Wins In $89M IP Licensing Dispute

Law360, New York (May 17, 2017, 5:06 PM EDT) — A Florida judge shot down two energy companies’ dueling petitions for quick wins Wednesday in an $89 million licensing suit concerning an energy catalyzer patent, deferring to a jury to evaluate the remaining factual inconsistencies in their competing accounts.
U.S. District Judge Cecilia Altonaga said in her order that it was not the court’s prerogative to review disputes of fact in determining whether to grant summary judgment in the suit brought by Florida-based Leonardo Corp. against its cold fusion nuclear reactor licensees, Cherokee Investment Partners LLC and related entity Industrial Heat LLC, for allegedly failing to abide by payment schedule agreements. She rejected three motions for summary judgment filed in March and April by the companies and related entities.

“The parties’ voluminous, competing briefing and submissions plainly show the record is brimming over with disputed issues of material fact,” the decision states. “Indeed, the court is hard-pressed to locate any material facts on which the parties agree. Disputed factual issues are for the jury to determine.”

Leonardo said in prior court filings that it issued a license to Industrial Heat for its low-energy nuclear reactor, called the E-Cat, in 2012. Though registered under a number of European and American patents, the technology was not widely accepted by the scientific community, so the companies signed contracts to defer an $89 million payment till it passed performance tests after 400 days of operation.

But Cherokee and Industrial Heat contended in their own summary judgment filings in March that Leonardo botched the validation test that would trigger the $89 million payment. They claimed that Leonardo had employed the wrong equipment in conducting the performance tests, which were also nearly two years overdue, and that the reactor could not produce commercially viable products.

With Cherokee and Industrial Heat refusing to make payments on that basis, Leonardo and its founder Andrea Rossi filed suit in April 2016, also naming Cherokee’s founder Thomas Darden, its alleged manager John T. Vaughn and IPH International BV as defendants. Leonardo argued that the companies were engaged in a “fraudulent scheme” to rip off its intellectual property, trying to fabricate excuses to skirt their licensee payments.

In January, Leonardo also sought sanctions against Cherokee, its founder Tom Darden, and their Jones Day attorneys, arguing that they attempted to inundate the court with information as a means of distracting from the underlying breach of contract. However, the judge ruled that sanctions were premature later that month.

Cherokee shot back with its own request for sanctions on the basis that Leonardo had destroyed evidence — the reactor’s output pipe, its heat exchanger and email communications between Rossi and the reactor operator — which was directly connected to its breach of contract claims. That petition was also denied.

The parties did not respond to requests for comment Wednesday.

Leonardo and Rossi are represented by John W. Annesser, Brian Chaiken and D. Porpoise Evans of Perlman Bajandas Yevoli & Albright PL.

The defendants are represented by Christopher R.J. Pace, Christopher M. Lomax and Christina Mastrucci of Jones Day.

The case is Andrea Rossi et al. v. Thomas Darden et al., case number 1:16-cv-21199, in the U.S. District Court for the Southern District of Florida.

–Additional reporting by Kelcee Griffis, Daniel Siegal and Melissa Daniels. Editing by Katherine Rautenberg.


JURY TRAIL DAY 2 – 28 July 2017

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Judge Orders Restart In Trial Over $89M IP Licensing Dispute

Law360, Miami (June 29, 2017, 2:14 PM EDT) — A trial over an $89 million licensing agreement concerning an energy catalyzer patent is off to a rocky start after a Florida federal judge declared a mistrial Thursday just one day after seating a jury, forcing attorneys to start again the next morning.

The court had seated a jury Wednesday afternoon for the trial, which pits Florida-based Leonardo Corp. against its cold fusion nuclear reactor licensees, Cherokee Investment Partners LLC and related entity Industrial Heat LLC, for allegedly failing to abide by payment schedule agreements.


Inventor Tells Fla. Jury He’s Owed $89M In Licensing Dispute

Law360, Miami (June 30, 2017, 9:57 PM EDT) — An Italian inventor suing over an $89 million licensing agreement for an energy catalyzer patent opened trial Friday in Miami, telling jurors that the licensees had repeatedly touted the technology and said it had “potential to change the world” before reneging on the agreement.
Brian Chaiken of Perlman Bajandas Yevoli & Albright PL, who represents Italian inventor Andrea Rossi, told the jury that Rossi and his Leonardo Corp. are owed $89 million from licensees Cherokee Investment Partners LLC and related entity Industrial Heat LLC, which boasted about acquiring the technology for a low-energy nuclear reactor called the E-Cat through a 2012 agreement, but failed to live up to their end of the deal.

“They wasted no time telling investors and potential investors that E-Cat actually works and that they were in possession of the technology,” Chaiken said.

At one point, in an investment memorandum, International Heat said the future success of the company was dependent on one key individual: Rossi, according to Chaiken.

“They’re telling their investors they’ve got LeBron James on their team and if they’re going to the NBA Finals, they’re going to ride him all the way there,” he said.

But International Heat changed its tune in May 2015, he said, when it successfully sold 4 percent of the company for $50 million. After that investment, Chaiken said the narrative changed, and the company began to say that Rossi was unreliable and that the test results of his E-Cat technology were unreliable.

Christopher Pace of Jones Day — who represents International Heat, Cherokee, its founder Thomas Darden and manager John T. Vaughn — told jurors a different story, one in which his clients were deliberately lied to regarding the performance of the E-Cat.

Under the terms of the 2012 agreement, totaling $100 million, International Heat was supposed to make three payments: first, a $1.5 million payment to buy the E-Cat equipment, then a $10 million fee for the technology, and finally an $89 million payment once the equipment passed performance tests after 400 days of operation.

That performance test allegedly took place in a warehouse in Doral, Florida, but Pace told jurors the whole thing was a sham.

He said his clients let Rossi take the equipment from North Carolina, where the defendants are located, to Florida because Rossi said he had found a customer that wanted to use the E-Cat and could test it in a real-world scenario. Rossi told them the customer, JM Products, was an affiliate of Johnson Matthey, a U.K.-based multinational chemical company.

But Pace said his clients later discovered that JM Products was a sham company set up by third-party defendant Henry Johnson at the direction of Rossi.

Pace told jurors that his clients tried to gain access to JM Products’ warehouse but were blocked and told that the company was engaged in a secretive manufacturing process. When International Heat finally got an engineer into the warehouse, they found clear problems, he said.

The amount of water that Rossi claimed the E-Cat machines were turning into steam each day — about 9,000 gallons — was impossible, because at most, the pumps available there could pump only 5,000 gallons of water per day, Pace said. International Heat had also called Florida Power & Light to check on the electricity records for the warehouse and found discrepancies with what Rossi was reporting, according to Pace.

He said the defendants acknowledged to investors that Rossi was a risk because of previous failed business ventures and a reputation for being difficult, but they gave him latitude because they felt that he had a remarkable technology that produced clean energy cheaply. Pace argued that it is Rossi who should refund the $11 million paid out by the defendants because of the lies he told them.

“Those E-Cat boxes weren’t filled with magic,” he told jurors. “They were simply filled with lies.”

The trial, which got off to a rocky start after the first jury was dismissed Thursday, is slated to last five weeks.

Leonardo and Rossi are represented by John W. Annesser, Brian Chaiken and D. Porpoise Evans of Perlman Bajandas Yevoli & Albright PL.

The defendants are represented by Christopher R.J. Pace, Christopher M. Lomax and Christina Mastrucci of Jones Day.

The case is Andrea Rossi et al. v. Thomas Darden et al., case number 1:16-cv-21199, in the U.S. District Court for the Southern District of Florida.

–Editing by Catherine Sum.

UPDATE 05.July 2017 —- Case settled

PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Jury Trial completed on 7/5/2017. Case settled. 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)

https://thenewfire.files.wordpress.com/2016/06/333_order_of_dismissal.pdf

https://thenewfire.files.wordpress.com/2017/06/rossi_vs_darden_et_al_settlement_agreement_ocr.pdf

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